Legal Question in Elder Law in California

A few months ago I went to an attorney for help. He informed of his fees and then stated for him to continue he would need a retainer fee of $1000.00. I gave him the retainer, and was to get back to him. After some thought, I decided I did not want to continue with him. I called him and informed him of my decision, and asked for the remainder to the retainer fee. He told me that I should continue with the process. This is my question, who do I write a proper letter asking him to discontinue the case and return the portion of the retainer that I gave to him?


Asked on 1/01/10, 3:07 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It is entirely your decision as to whether you are going to continue as to the case or not. You do not state that the attorney refused to stop working on the case. Write the attorney a letter demanding that all work be stopped on the case and that the full amount be refunded as he apparently had not done any work on the file from which to subtract anything from the retainer fee. Also demand a copyof the entire file, including any notes that he may have made.

If he refuses to return the money to you and/or give you a copy of the file [the originals of any documents you gave him]. If within 10 business days you do not have the money, write a letter to the State Bar asking their assistance in recovering the money. He will want to avoid any investigation by the Bar.

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Answered on 1/06/10, 9:19 am


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