how to get retainer back

[Gum_Drop]

What is the name of your state (only U.S. law)? Louisiana

What recourse would I have if I have retained a lawyer 6 months ago, and he has not done any work on the case and does not return calls?

I would like to get my retainer back so that I can hire another attorney. But when I called to speak to him about that, he again was not in the office and i was told that he would be given the message.

thanks,
gum drop

 

[Hot Topic]

How do you know he hasn't done any work on the case?

 

[Gum_Drop]

its been 6 months since I gave him my retainer, there are no NOTES in my files that a receptionist/clerk can see and haven't gotten a return call in 4 months. and it took 5 weeks to get that call.

 

[Hot Topic]

You should have fired him a looooong time ago and reported him to the State Bar.

 

[Gum_Drop]

i checked with the clerk of court today, and nothing has been filed or requested on the case in the last 4 years. So i would assume he hasnt done anything.

I have tried calling and making an appt to see him, and i cant even get that.
They again told me they would call me back with an appt time after conferring with his schedule.

as far as firing him, i wanted to, but was told if I did i could kiss my retainer good bye. And I dont have another lump sum to give a new attorney.

I will call the state bar tomorrow and see what they tell me and what course of action i should take.

 

[quincy]

I assume you meant four months and not four years?

What sort of contract/agreement did you sign with this attorney? What did the agreement say about the retainer?