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I paid a retainer to an attorney in california for ...

i paid a retainer to an attorney in california for my sons custody case. we won the case on the first court date. now the attorney is in jail for embezzelment. how can i get the remainder of the retainer and files back. no one is at his office the state bar couldnt help, i called my attorneys attorney and no luck.


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If you want to make peace you don't talk to your friends, you talk to your enemies. - Moshe Dayan

Unfortunately, I don't think there is much you can do about the retainer. If I understand you correctly, the State Bar and your attorney's attorney (the one representing your attorney in the embezzlement case) said they cannot help you; if this is truly the case, and your former attorney's office is not currently open (are his employees still working and just not answering their phones? have you actually stopped by his office to see?) I think your only option is to file suit against the attorney. This will cost you though, legal fees and attorney fees at minimum, so you may want to weigh your options carefully. Along with that, you can always file a complaint against the attorney with the State Bar so that at some point, when he does get out of jail, along with not being allowed to practice law, he will possibly have a lien against him until the funds are returned. As for the actual file (of paperwork), your best option is to contact the Court for copies of all pleadings/motions/formal letters that were sent on your behalf. Also, while it may be unconventional, you may try contacting your adversary's lawyer to see if he/she can copy letters sent to him on your behalf so that you can have some semblence of a file on the matter. Good luck.


Posted 7 months ago ( permalink )
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A Lawyer has an ethical duty, imposed by law, to assess reasonable fees for services. Failure to observe the duty can subject the lawyer to suspension or disbarment.

What fee is reasonable, is generally determined by what other lawyers who practice in the same community charge for similar services.

However, an attorney with considerable experience in criminal law and especially DUI defense can  "reasonably" charge more for his/her services.

Most people are unaware that they have considerable control over the cost of legal representation. Lawyers all deliver itemized statements for services rendered, and if you as a client, believe that a particular service is unreasonable, then by your writing a letter to the lawyer and stating that you wish to place the particular billing charge in dispute, the lawyer is legally obligated to leave the amount in dispute in the client's trust account until such time as the dispute is resolved.

This means that neither you nor the lawyer can touch the money until you either come to a negotiated settlement of the matter, or a judge or arbitrator makes a determination of what amount of fee is reasonable under the circumstances.
 
These sites contain a lot of helpful legal directories and information…
 
http://www.san-francisco-oakland-bay-area-lawyers-attorneys-directory.com
http://www.sacramento-ca-lawyers-attorneys-directory.com/sacramento-legal-services.htm
http://www.la-orange-county-lawyers-attorney-directory.com/los_angeles_orange-county-legal-services.htm
http://www.las-vegas-nevada-lawyer-attorney-legal-injury-defense-directory.com/las-vegas-lawyers-attorneys-legal-defense-services.htm
http://www.san-jose-ca-lawyers-attorneys-directory.com/san_jose-legal-services.htm
http://www.sacramento-ca-lawyers-attorneys-directory.com/sacramento-legal-services.htm
http://www.dallas-fort-worth-texas-lawyers-attorneys-directory.com/dallas-legal-services.htm
http://www.new-jersey-lawyers-directory.com
http://www.legal-advice-library.info
http://www.san-antonio-texas-lawyers-attorneys-directory.com/san_antonio-legal-services.htm
http://sandiegolawyerforyou.com/san-diego-criminal-law.htm
http://sandiegolawyerforyou.com/san-diego-immigration-law.htm


Posted 4 months ago ( permalink )
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