lawyer didnt send me the retainer what can i do , I am not sure if he is or not. but he doesnt want to give me back my m

Question

reached out to a lawyer through a friend, who claimed to specialize in company listings. He initially provided me with a draft contract that included a fee of $160,000, which I did not sign. I informed him that I would not pay such an amount, as the process would take too long and I could find another lawyer willing to take a cut from the company. 
Despite my refusal, Andy persistently called me day and night, falsely claiming that others had signed contracts with him. After weeks of pressure, he proposed that I send him $12,000 upfront and that he would take the remaining fee from the listing proceeds. We began organizing the shares and setting up the company, which I found straightforward and standard. He then made me pay for state fees and sent me an email confirming the setup. 
he called and asked for more money i told him this is not the agreement. we got into a fight on the phone. i told him to return the money he wont  what can i do .

Scott Richard Kaufman · Answer

Hard to follow your fact pattern. You are saying he wanted to charge 160K but agreed to settle for 12K?  AND then did not so agree?  I think it's time you hire someone else to straighten it out. Perhaps you have someone in house on retainer if it is this large a business??? If not, perhaps you should...

James L. Arrasmith · Answer

Here's what you should do in this concerning situation: 
 
First, gather all documentation of your interactions with this lawyer, including emails, text messages, phone records, and any proof of payments made. Document the original verbal agreement about the $12,000 upfront payment and the arrangement for remaining fees to come from listing proceeds. Also save that draft contract with the $160,000 fee that you didn't sign. 
 
You have several options to pursue this matter. File a complaint with the California State Bar Association, as they oversee attorney conduct and can investigate potential misconduct. You can also file a small claims court case for amounts up to $12,500, or work with another attorney to file a civil lawsuit for breach of contract and potential fraud, especially given the high-pressure tactics and misrepresentations about other clients. 
 
The key issue here is that without a signed retainer agreement, the terms of representation are unclear, which actually works in your favor. California law requires attorneys to provide clear, written fee agreements for most services. Contact the lawyer one final time in writing, demanding return of your money and stating you'll pursue legal action if needed - this creates a paper trail and gives them a chance to resolve this before escalation. If they continue refusing, proceed with the State Bar complaint and legal action.

Q: lawyer didnt send me the retainer what can i do , I am not sure if he is or not. but he doesnt want to give me back my m