Legal Question in Civil Litigation in Georgia

I rently hired an attorney who did mediation for my divorce 6 years ago for a different matter. Four hours before my hearing he called and asked me if he did mediation...then he said he would have to resign from the case because it was a conflict of interest. He agreed to give me some of my retainer back but now won't return my emails. Is he legally able to keep my retainer since this was an oversight on his part and he left me hanging at the last minute?


Asked on 6/26/10, 11:44 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

File an ethics complaint and fee dispute with the state bar.

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Answered on 6/26/10, 7:58 pm
Rachel Hunter

I agree with Attorney Ashman. Before you file the complaint, send him a certified letter, return receipt requested. Ask for your file and ask for an itemized statement of any monies owed by you and a refund of the balance. If he still ignores you, then file the complaint and proceed with the fee dispute. The lawyer cannot hold your file hostage while the dispute is pending.

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Answered on 6/28/10, 5:29 pm


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