Legal Question in Legal Malpractice in California

hi my father was arrested in may and i found an law firm which claimed to be the number one defense attorneys in california, i called their 800 number and they offered to go and see my dad in the jail and discuss his charges, and because my father was confused and scared the attorney was able to munipulate him into paying them a 20,000.00 retainer, after my father paid the 20,000.00 it was almost impossible to get the attorney out to the jail again for my dad ,, my dad has since been released on bail, and has only been able talk to his lawyer the 3 times he appreared for my fathers preliminary hearing and each time his lawyer asks the judge for a continuous. and his lawyer will returns my fathers calls after 2 or 3 days pass sometimes even longer..I have discussed with my father about getting another lawyer on his case and so he called his lawyers office and requested a statement from the trust that was to hold the 20,000.00 retainer and a account of the money that was taken out so far and he told my father that the 20,000.00 is non refundable, can a attorney do this and is it legal ? pls help my father with some honest advise regarding this situation \n


Asked on 7/29/09, 1:37 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Generally such retainer fees can not be made completely 'non refundable'. If you decide to get new counsel, and end up with a dispute over fees, then you can file a 'fee dispute' with the local Bar Association, and could file a complaint with the State Bar Association if you really think the attorney is behaving improperly or unethically.

Secondly, a $20k fee is a lot of money, generally for major felony defense requiring trial and numerous hearings. That needs to be discussed with the current attorney and in the fee dispute proceedings if you file them. The attorney will be entitled to be paid for what he has done, per the written Retainer Agreement he is supposed to have.

Now, if you want to hire new counsel, and if the case is in SoCal courts, feel free to contact me to discuss the case and expected fees.

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Answered on 7/29/09, 3:46 pm


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