Unused portion of my retainer

[camster39]

What is the name of your state (only U.S. law)? NJ

About 6 months ago, I gave an attorney a $500 retainer for some very minor post divorce matters. The retainer agreement clearly stated that I would be refunded any unused portion of the retainer.

My attorney was very responsive prior to my signing the agreement (would return my calls / emails within minutes) but as soon as he got the check it was as if he vanished. After I mailed the check it was like pulling teeth to get in touch with him. I did touch base a few times but was unhappy with how things were going so 6 months ago I sent a note that I want to cease all services and to refund my unused portion of the retainer.

I've sent no less than 6 follow up emails and several phone calls. I did get one return phone call about 4 months ago telling me that he was out sick and would get on this as soon as he's back.

What is my recourse? Who do I contact for assistance? This has been going on way too long.

Thank you

 

[Rhubarb297]

What is the name of your state (only U.S. law)? NJ

About 6 months ago, I gave an attorney a $500 retainer for some very minor post divorce matters. The retainer agreement clearly stated that I would be refunded any unused portion of the retainer.

My attorney was very responsive prior to my signing the agreement (would return my calls / emails within minutes) but as soon as he got the check it was as if he vanished. After I mailed the check it was like pulling teeth to get in touch with him. I did touch base a few times but was unhappy with how things were going so 6 months ago I sent a note that I want to cease all services and to refund my unused portion of the retainer.

I've sent no less than 6 follow up emails and several phone calls. I did get one return phone call about 4 months ago telling me that he was out sick and would get on this as soon as he's back.

What is my recourse? Who do I contact for assistance? This has been going on way too long.

Thank you

I can't imgaine what "minor" post divorce matters wouldn't quickly eat up a measly $500 retainer. But if you think you have some money that is due back to you, your recourse is to file a lawsuit agianst the attorney claiming breach of contract and asking the money be returned. By the time you pay the filing fee and go through the effort (I'm assuming you're representing yourself), it won't be worth it.

Did he/she not do the work? If the attorney took money and didn't do the work, you might be able to file a disciplinary complaint.

Otherwise, you might consider moving on to more important things than a smal refund you think might be owing to you.

 

[bamboozled]

Retainer

I agree...$500.00 is pitance and not worth a suit. Most divorce attorneys charge $2,500.00 minimum for a retainer in Connecticut.

 

[las365]

But if you think you have some money that is due back to you, your recourse is to file a lawsuit agianst the attorney claiming breach of contract and asking the money be returned.

That would be a last resort. Most, if not all state bar associations have a fee dispute resolution section. It is free. You can contact your local bar associaiton and file a request to initiate that process.

Believe me, a letter from the bar association asking the attorney to participate in fee dispute resolution will at least elicit a response.