Can an Attorney keep $4000 Retainer Fee or give it back.

After hiring an Attorney to help with my sons divorce we find that 2 weeks into this , there is lack of interest and this attorney is not acting in our sons best interest. The only thing this attorney has done so far is to have the spouse served with the divorce papers. Our sons wife on the other hand has had a TRO served on him. He can't see his children, we can't see out grandchildren, he can't call and talk to his children an we can't talk to our grand kids. The attorney that we hired hasn't lifted one finger to help or run interference in this matter. Our son is now homeless and is living from one friend to the next. So, we want to fire this attorney, get our money back or at least $3500 giving the attorney $500 for his time. What is the Ethical solution to this matter ? Any one ?

Nathan’s Answer

Two weeks is usually not enough time in the legal world to conclusively say one has lifted a finger or has not as an attorney. I understand you are frustrated at the state your son is in, but it probably took more than 2 weeks for your son to get enmeshed in a situation where a divorce and TRO are in progress. Is your son addressing the TRO via a defense to avoid a public record before the restraining order hearing presumably coming up?

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