Legal Question in Legal Ethics in California

Incompetent Attorney

I signed a "lump-sum" retainer agreement with an attorney last summer (99'). They told me that they were going to negotiate a particular settlement for me, but failed to do so. I was very unhappy with their service, but did not fire them because they refused to give me a refund and I could not afford another $2200 to pay another attorney. The retainer agreement said that they would negotiate for me, but I felt that they did not. When I called their offices to speak to my attorney, a week after the unsatisfactory judgment had been handed down, I learned that she had been fired. When I asked the reason why, the legal assistant said that it was because she was not negotiating for her clients and just settling cases without trying to get a better deal. I gave them another $650 to finish my case because that is what they said it would cost. It has been 7 months, and I have not spoken to my attorney once, except for the day that I gave her the money and signed the retainer agreement. My case is sitting in family court not finished. What should I do?


Asked on 2/09/00, 3:29 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Incompetent Attorney

Ask for your money back. they are required to return unearned fees. Then hire an attorney who will finish the job.

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Answered on 2/10/00, 12:54 am
stan lieber law offices of stanley p. lieber

Re: Incompetent Attorney

You should get another attorney to substitute in for your former attorney. He or she will then get the file from your former attorney (they are required to give that to you). Then the new attorney can finish what has to be done and can request the return of your fees paid.

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Answered on 2/12/00, 6:29 pm


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