Legal Question in Criminal Law in California

Non Refundable Retainer

I hired a criminal lawyer and paid a non refundable $25,000 retainer. When signing the retainer, I acknowledged that the attorney also represented another interested party. During discovery, it became evident that this interested party would need to testify at my pre-trial hearing as well as at my trial. The attorney advised this interested party not to testify. I felt that this was a conflict, so I fired the attorney and retained a new attorney. I have asked the original attorney for an accounting of billable hours as I don't feel the retainer was fully earned due to the conflict. He has refused to provide this to me stating, ''we believe the obligations of the retainer were fully performed.'' What recourse if any do I have and does the original attorney have to provide an accounting of billable hours if requested in writing.


Asked on 6/29/08, 1:39 am

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Non Refundable Retainer

You can request a mandatory fee arbitration hearing through the California state bar. While such hearing would not necessarily be binding upon the attorney (he can appeal any award to you in trial court) it can put on him sufficient pressure to settle with you. My office has experience in defending clients in such hearings.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/29/08, 2:16 am
Robert Mccoy Law Office Of Robert McCoy

Re: Non Refundable Retainer

Call your local County Bar Association and request fee arbitration.

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Answered on 6/29/08, 4:18 pm


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