Legal Question in Family Law in Michigan
Return of retainer for malpractice
I paid a $1500 retainer for a child custody case. Although I provided a current address for my ex, the attorney sent the papers to the wrong address. She then had to change the court date, as my ex was not properly served, then said that she had to postpone again for her vacation. My case is now on hold, and I no longer trust this attorney, and requested a refund of my retainer. I do not believe that I should have to pay any fees, as she did not do the job for which I hired her. Can I get back my full retainer in Michigan?
1 Answer from Attorneys
Return of retainer for malpractice
A starting point for your answer would be the contract that you signed with your lawyer. Generally, the lawyer is entitled to be paid for the work that she did but not entitled to money for work that she did not do.
One clue for you should have been the ridiculously low retainer fee that she charged you. Always keep in mind that you get what you pay for.
I recommend that you consult with a different, more experienced attorney to handle your case and to advise you about attorney fee issues.
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