Q: What can I do when my attorney won't return my retainer?
I asked for the money back within 24 hours of payment. The attorney ignored me for a week, until I brought up matters of trust funds and attorney obligations in an e-mail. Then I was contacted almost immediately. Contract makes no mention of non-refundable and attorney agreed to return the funds.
The money was indicated as going to a trust per guidelines, but this never happened. The attorney actually kept the money in their own account and set up a receipt looking like it went into a trust.
What should I do? I asked again and was told it would be returned but I see no indication of this. As of now, my thought is to wait a few more days and then report to the office of disciplinary counsel as it's easy to prove malfeasance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.