Legal Question in Real Estate Law in California

retaining fee when does work begin on case

how long after giving a retaining fee for service does a lawyer have to start the case? it has been over two years and we have had no contact with this lawyer, despite multiple phone calls, certified letters, and trips to his office. can we get our retaining fee back, or do we have to get another lawyer to sue this one? what would be the best way to handle this situation ? the problem is that this lawyer has all the information that we need and to get another lawyer would mean starting at the beginning thus costing more money and time.please help thank-you for your help.


Asked on 9/27/01, 10:37 am

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: retaining fee when does work begin on case

YOU SHOULD BE ABLE TO RECOVERY YOUR FUNDS IF THE ATTORNEY DID NOT WORK. PLEASE FAX ME AT 714 363-0229 ANY CORRESPONDENCE THAT YOU HAVE INCLUDING YOUR RETAINER AGREEMENT AND I WILL REVIEW AND CONSULT WITH YOU WITHOUT CHARGE

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Answered on 11/17/01, 7:11 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: retaining fee when does work begin on case

1. The attorney cannot keep your documents.

2. You should hire another lawyer immediately to start working on your case (2 years is a long time, and if there is a statute of limitations involved, you may be too late).

3. Contact the California State Bar, and file a complaint. They do not like this kind of activity, or lack of activity. Hopefully, he has your retainer in his trust account.

If you need further help, call or email me.

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Answered on 11/13/01, 4:44 pm
Joel Selik www.SelikLaw.com

Re: retaining fee when does work begin on case

There is no set time, but in any event, two years is not likely to be reasonable. You need to contact someone quickly. Joel Selik, ESQ. www.4thelaw.com, 800-894-2889.

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Answered on 11/06/01, 7:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: retaining fee when does work begin on case

Two years is way too long, especially when you have made all these attempts to communicate and have received no satisfactory reply.

You should contact the State Bar at once and lodge a complaint. Try calsb.org on the Web or check the phone directory.

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Answered on 11/06/01, 7:43 pm


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