Cary, NC asked in Contracts, Family Law, Child Custody and Legal Malpractice for North Carolina

Q: I am unsure how to proceed with this situation

Last Fall of 2022, I hired a local law firm to aid in my case of parental termination of my son's Father's rights. The other parent has been absent since 2013. They have not paid any child support, they have not made contact. The problem is that the case is from a different state to where I am currently living. My biggest issue is the lawyer I hired is unresponsive, and took a $2,500.00 deposit for retainer and the case has not even moved or been filed in my local state. I have tried reaching out to the lawyer numerous times through email and phone over the last few months with one response from an assistant. The assistant said the case cannot move any further because they cannot locate the other parent, however, last time I spoke to the lawyer we couldn't locate him and was told to fill out affidavits which they have, and we would file anyways, that has not happened. How can I get my retainer back so I can find a new lawyer, and would I need to bring this to court?

1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
  • Legal Malpractice Lawyer
  • Las Vegas, NV

A: You may need to find a new attorney before getting the retainer back as that will likely be contested.

If the attorney refuses to provide a reasonable basis to keep the retainer, you may consider lawsuit in small claims or see if the bar association has a fee dispute process.

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