Legal Question in Family Law in Massachusetts
Firing lawyer, obtain refund of retainer balance
Live in MA, married in NJ. I hired a lawyer for a divorce. I gave her a $2000 retainer ($150/hr). There is no written retainer agreement. I provided her with all the documentation she asked for including my copy of the marriage license, financial statements, emails and other info evidencing my husband was having an affair. She was to file the petition and have my husband served. Wks go by and I don't hear from her. I call repeatedly and either get voicemail or her secretary saying she would give her the message. I'm already feeling uneasy when finally she calls to say the petition was returned because 1) it included too many grounds and 2) the marriage license was not a certified copy. I feel an experienced divorce lawyer should have known how to properly file a petition however I did not want to start over or try to fight for a refund so I stayed w/ her. It took wks just to obtain a certified copy of my marriage license. I provided it to her and another 1-2 wks go by before I'm able to reach her only to find the petition has not yet been filed. I would like to fire the attorney and hire another. I would also like an itemized bill and a refund of the balance of the retainer. Will this be difficult to obtain? Do I have to sue her?
2 Answers from Attorneys
Re: Firing lawyer, obtain refund of retainer balance
No - but if you contact me, maybe I can assist you.
There are remedies other than filing suit.
I am sorry that this has happened to you.
Re: Firing lawyer, obtain refund of retainer balance
You need to send a letter to the attorney requesting that she withdraw from the case if she has already filed an appearance with the court. If he or she has not then a letter telling him or her that their services are no longer required and that you would like a detailed bill along with the remainder of your retainer returned as soon as possible as you are retaining another attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
