My Consumer Advocate / Real Estate Attorney has been working with me for the past few years. Unfortunately, life has taken a hold of him and he's divorced and now a substance user.

I have a lot of money I've paid him that I've now realized he actually never performed. My questions are thus far:

1. What remedies do I have against him?
2. Can I get my retainer back somehow?

Thank you for your time.

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Originally Posted by siryinyang

... I have a lot of money I've paid him that I've now realized he actually never performed. ...

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What did he agree to do?

Was there a written contract? Was it so much per hour or a lump sum?

What do you mean "he actually never performed"? He did nothing, or he was unable to achieve the objective you wanted?

A retainer is normally defined as an advance toward anticipated hourly fees. Did you receive statements describing the amounts and descriiption of work performed?

Hi AK Lawyer,

Thank you for answering. He was engaged to file complaints against the banks for illegal foreclosure, TILA and a few other counts. He was able to move Trustee Sales a couple times, but both properties have now been foreclosed on for some time and we have yet to file a complaint.

I never received any statements.

Quote:

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Originally Posted by siryinyang

Hi AK Lawyer,

Thank you for answering. He was engaged to file complaints against the banks for illegal foreclosure, TILA and a few other counts. He was able to move Trustee Sales a couple times, but both properties have now been foreclosed on for some time and we have yet to file a complaint.

I never received any statements.

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Ok. You have answered some, but not all of my questions.

Was there a written contract? If so, what did he agree to do and what were the payment terms? So much per hour, or something else?

An attorney cannot guarantee results. If he was able to delay the sale a couple of times, he must have done something: filed motions, attended hearings, done research, called or wrote to people, etc.. Perhaps, after research, he discovered that filing a new lawsuit was not justified, or would have a low chance of success. Without a written contract specifying what he was going to do, you don't have much to go on, in my opinion.

I also didn't ask where you are. In many states there is a mechanism through the state bar, or other agency which regulates attorneys, to contest or arbitrate fee disputes between a client and attorney.