Legal Question in Legal Malpractice in New Jersey

Can I get retainer fee back?

I paid $3500 as a retainer for a lawyer to help me file a restraining order. When i contacted him next week I was told he was hospitalized and wouldn't be available for months. The substitute associate lawyer was a very young woman who said the restraining order couldn't be done the way the first lawyer assured me it could and that I must have misunderstood. I eventually asked her not to proceed as things were not going the way I wanted and would she return part of my retainer fee. She declined as did the original lawyer who apparently wasn't as ill as I was told. do i have any recourse


Asked on 10/12/08, 10:20 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Can I get retainer fee back?

Clearily there is something that is inappropriate when there is a representation of services, payment and then a failure to provide. While it may be something that you could litigate the best thing to address it would probably to contact the Boardd of Bar Examiners and file a complaint. If there is merit, they will investigate and typically they will get the attorney to return the money if there is merit.

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Answered on 10/12/08, 10:32 pm


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