Legal Question in Family Law in California
I retained a family law attorney in November, 2011, for help with post divorce issues. His promise of quickly and efficiently processing an OSC and getting an appearance in court has not been fulfilled and to date, he has spoken to me on the phone and has reviewed my file which in turn has reduced my retainer by more than half. I have called his office and sent an email regarding my concerns to which he has not responded. I am in the process of writing a letter and am wondering if I can request my full retainer be returned to me since there has been relatively no work aside from phone chatting?
Thank you for your help.
2 Answers from Attorneys
You can ask for what you want, but he will insist on being paid for actual work done.
You can and should request your full retainer to be returned. If he has done nothing to benefit you, then it should be returned. If you cannot agree to the amount to be refunded you can have the attorney's fee issue arbitrated by the San Diego County Bar Association. Arbitration is mandatory for attorneys.
Good Luck, Pat McCrary