Grayslake, IL asked in Estate Planning for Illinois

Q: I hired a lawyer to do my will. It has been seven month. I have called a few times. Can I fire this lawyer?

In june we gave him $800 dollars beginning . f July gave him all info. In august was told soon. I really Don't want to pay him more or do business with him again what can I do

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2 Lawyer Answers

A: Yes, you can fire him and demand the return of your retainer. You should put this in a letter to him asking for return of your $800 retainer and stating that you are terminating the relationship. You could also mention that failure promptly to return your retainer will result in your making a complaint with the state bar association. Put a reasonable time limit on it, like 10-15 days or so. Send the letter via certified mail, return receipt requested with delivery restricted to the addressee (and ask for the green card as proof of delivery -- some courts don't accept the validity of the electronic receipts). If he contacts you, you can either let him do the work or decline and insist on return of the funds. If you have a written engagement agreement with him, refer to it. If it uses the words "non-refundable retainer" or the like, they may not be enforceable. Call the State Bar Association and ask if attorneys can make their retainer payments non-refundable. Many do not allow it. If he has a legitimate reason for the delay -- like he has been battling cancer or loss of a family member or something, you might cut him some slack. Up to you.

PS: My comments here are for information purposes only and not intended as legal advice on your specific situation nor the applicability of any particular laws. My comments are not an invitation to join in, nor offered to create, nor do they create an attorney-client relationship.

A: Yes, you certainly can. Include a reasonable deadline (10-20 days) for a return of your retainer, and send it via certified mail with a return receipt.

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