Q: My attorney used all of my retainer then withdrew from my case a few days later. Can i get a partial refund?
Attorneys grounds for withdrawal are said to be medical issues.
If I have to pay another attorney to familiarize themselves with my case, does that not make at least a large portion of my withdrawing attorneys fees that have been charged useless? It appears malicious to send a bill using all of my money then withdrawing from my case.
A:
Your attorney is entitled to be compensated based upon the terms of your fee contract. It is impossible to predict if the attorney's retention of the retainer is justified because we do not know when the medical issues arose. You are entitled to an explanation of what work the attorney did, and a copy of your file. It would be helpful if this attorney would refer you to another attorney who could continue the representation. I suggest you contact the NC State Bar and file a Fee Dispute Petition. You can find out information about this by looking online at this link (copy and paste, scroll down to see the fee dispute process)
https://www.ncbar.gov/for-the-public/i-am-having-a-dispute-with-a-lawyer/alternatives-to-filing-a-grievance/
A lawyer is required to withdraw from representation when their physical or mental condition materially impairs their ability to represent the client. Howeve, a lawyer is not required to disclose sensitive medical information in order to justify withdrawal. You may feel that you are being ripped off or the lawyer is bailing on you for no reason, but hopefully your lawyer had your best interest at heart and realized that he/she was unable to do a good job for you.
I hope this advice helps.
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