Legal Question in Civil Litigation in Illinois
Suing an Attorney for Recoupment of Retainer
To initiate a lawsuit, I gave an attorney $4,000 and agreed to a 33% contingency above this.
I signed an agreement that included the phrase that the retainer was ''non-refundable.''
The attorney missed all agreed upon deadlines and in fact did absolutely nothing in sixmonths but field seven 10-minute phone calls from me.
He refuses to return any of the $4,000 (I offered to split it.)
I am considering suing him in small claims court (limit: $5,000) under the following theories:
1) No contract existed.
- There was no meeting of the minds. He has told me that he did not agree to the timetable that I made a condition of his hiring.
- He misrepresented his background, expertise, prior fees, and availability.
- He did not point out the ''non-refundable'' phrase and discuss it.
2) If the court finds a contract exists, he breached.
- Timetable
- Misrepresentations.
3) If the court finds a contract and no breach, his fee is not reasonable ($4,000 for 70 minutes on the phone).
My questions are:
1) Is the action and strategy viable?
2) Should I write out my entire sequence of thinking in the complaint?
Thanks very much.
2 Answers from Attorneys
Re: Suing an Attorney for Recoupment of Retainer
Sounds like you have it under control?! You may have other causes of action also. You should detail your facts in your complaint. Legal conclusions are irrelevant, you need to lay out the facts and ensure all elements of the cause of action are detailed through those same facts. Good luck.
Re: Suing an Attorney for Recoupment of Retainer
First of all: Why would you give $4,000 to an attorney and then agree to a 1/3 contingency agreement. It just does not make sense.
Be that as it may: If the attorney has done any of the things you allege, you have a good case for malpractice. You should contact Attorney Registration and Disciplinary Commission and file a complaint. If what you say is true, you will do us all a favor by making such a claim.
If you want to sue yourself, you certainly have a claim in small claims for the money you have paid and the work you have not gained. You really would do well if you were to talk to an attorney in that respect. There seem to be a lot involved here and the devil is always in the detail.
I hope this helps,
Nima Taradji
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