Minneapolis, MN asked in Family Law, Civil Rights, Legal Malpractice and Criminal Law for Minnesota

Q: can I get my retainer back if the attorney didn't defend me in court did say a word to the petitioners or there atty.

I hired a attorney and payed him $5000.00 dallors to defend my case. from august 2016 until now March 1, 2017 he filed for a rehearing and he has not got a court date, September 9th, 2016 he filed for a rehearing and since then he has not try to contact me I have to call him and I ask him to talk to my case worker and request visitation schedule and I ask him to file a civil complaint and he has not done that I had court in January 23, 2017 and he just sat there never ask a question or defend me this why I hired him he never said a word i ask him why he didn't defend me he said I didn't comply with the order and he said that he eared his money I told him I wanted my money back he said the he earned this money I told him didn't say a thing, this is a custody case and I believe my civil rights were violated and no due process I was put in jail over night and said I had charges of shild abuse and neglect and disorderly conduct, I never recieve a complaint. police didn't help they new what

1 Lawyer Answer
Lucas Wynne
Lucas Wynne
  • Criminal Law Lawyer
  • St. Louis Park, MN
  • Licensed in Minnesota

A: 1. You asked your attorney to file a civil complaint and there is no indication that your attorney could file a civil complaint in your case. In fact, based on the limited information you have provided your attorney would not be able to file a separate case.

2. You retained your attorney to represent you for a specific case. A separate, civil case would be a different case for which you would need to retain your attorney under a new agreement (and pay more money).

3. Your failure to comply with the order is not the responsibility of your attorney.

Robert Donald Gifford II agrees with this answer

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