First, you are free to discharge your attorney for any reason you want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case. Judges in civil and workers' compensation cases routinely grant this request. Second, you can sue your attorney for at least a portion of the $2,000.00 you paid up front if it is not paid to you upon your discharging the attorney and requesting the money back. The reason I indicate that it may only be for a "portion" of the $2,000.00 depends, in part, what the retainer agreement (the contract you signed when you hired the attorney) you signed, if any, says about you discharging the attorney and what monies, if any, he or she is entitled to from the $2,000.00. The general rule, and what is common in many retainer agreements, is that if the attorney is discharged, the attorney is entitled to money for the time spent on working on your case along with any costs and expenses he or she has. The value of the attorney's time, plus that of his or her staff, should be set forth in the retainer agreement. If it is not, then the attorney would be entitled to a "reasonable fee," which is based on a number of factors. If you disagree with what the attorney claims for his or her time, costs or expenses, there is a procedure to mediate the dispute or you could sue. As to your actual question, "Can I sue my attorney for paying $2,000 upfront but nothing is done on my case for almost a year?" I cannot answer without knowing what the retainer agreement, assuming there is one, says and the fees, costs and expenses, if any, claimed by the attorney. You should likely, although it depends on the total amount of fees, costs and expenses, be entitled to at least a portion of the $2,000.00. If the attorney has not done much, then the fee amount should be relatively low. If the attorney does not pay you what you are legally entitled to, then you can sue for all or a portion of the $2,000.00. I would first suggest reviewing the retainer agreement to determine what it says about a refund of the money you have paid. In addition, before suing your attorney you might want to tell the attorney you are dissatisfied with his or her services, that you are going to discharge him or her, and ask that the $2,000.00 be returned to you. At that point, the attorney will likely indicate whether he or she is claiming all or a part of the $2,000.00 and should provide an accounting of how the $2,000.00 was spent. You can then decide whether the amount claimed is fair or if you think you should be entitled to more of your $2,000.00 back. You can negotiate with the attorney to see if you can reach an agreement. If you cannot, you could either take advantage of Nebraska's fee dispute program or sue. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the
Answered on Sep 27th, 2012 at 11:16 AM