Legal Question in Family Law in New Jersey

We live in NJ and have a problem with an attorney... My daughter is in a custody battle and needed to obtain an atttorney. She had spoken to an attorney whom she thought she was going to hire. So before he gave her the retainer to read she was told he needed the check then she could take it home and read it over then return it signed. He also told her he would hold onto it and not cash it till she returned with the signed copy. Then he further said she could fire him at any time any get her money back. So she handed him the check at 7pm and as she was walking out the door he handed her the retainer agreement to take home and read and sign. Well the very next day less then 18 hours we decided not to go with him and asked him for our money back. But he had already gone directly to the bank and cashed the check .Now he is refusing to give us back the money saying we used it up. Is he aloud to keep our money??? What can we dio??? Also now how do we get another attorney to take the case when all our money is tied up and court is less then 3 weeks away... Please Please help us... We sold all we had just to pay him...


Asked on 4/10/11, 5:36 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Another attorney should be able to help you with all of this. I'd be happy to work this out for you. Call me anytime at 732/773/2768.

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Answered on 4/10/11, 5:40 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

I would be happy to review this situation with you, there might be something I can do to assist.

Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

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Answered on 4/11/11, 7:06 am
Bernard J. Berkowitz Berkowitz & Raiken

Please contact me and also contact the Ethics committee in the county in which the lawyer is located.

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Answered on 4/12/11, 10:13 am


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