Legal Question in Credit and Debt Law in California

I live in California. A collection agency kept harassing me for about a year. I called a lawyer who told me, "I am confident we can get them to dismiss without you paying them anything". All I had to do was pay him a retainer of $500. That sounded great so I paid him the $500. The court date is in 2 weeks and now he tells me that "we can discuss what kind of monthly payments you can afford to offer before I speak to the attorney for the debt collector" WHAT? I could have done that myself. (figure out a monthly payment plan directly with them) I paid him because he said he "was confident" he could get them to dismiss. Can I get my retainer back?

Asked on 6/05/18, 1:51 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

Based on the facts you provide, I think it's unlikely you will get your retainer back. You may, however, want to think about finding other counsel.

One can be "confident," yet wrong. Many people were reminded of this in November 2016, when they were "confident" that Mrs. Clinton would be elected President. While you might have an argument if you could prove your attorney was in fact not "confident" of anything when he made that representation, that is likely very hard to prove.

The attorney-client relationship is based on trust. If you no longer trust your attorney, it may make sense to change. You do not say if your court date is a trial date or not; that is a factor to weigh into your decision.

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Answered on 6/06/18, 3:36 am

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