QUESTION
Can I fire an attorney who is holding earnest money and hire a new attorney and transfer earnest money?
Asked on Feb 09th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
I paid an attorney to write a real estate contract the attorney collected earnest money from me. Now the attorney won't return phone calls or emails or answer my questions. I want to use another attorney. Can I hire another attorney and transfer my earnest money to the new attorney?
8 ANSWERS
The original lawyer may take out that part of the retainer he feels compensates him for the work done. I would tell your new lawyer the situation, and ask him to get the retainer [earnest] money from the previous lawyer. If the previous lawyer will not respond, contact the State Bar, and have them contact the previous attorney.
Answered on Feb 13th, 2013 at 3:07 PM
Yes, you can always fire one attorney and hire a replacement. The first attorney may claim that all or a portion of the money he/she is holding should be used to pay the outstanding bill. Your new attorney can help you with that. You can also file a fee dispute with the Nevada State Bar at no cost.
Answered on Feb 12th, 2013 at 8:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend on your retainer agreement and the time and expenses already spent by the first lawyer as to whether you get a refund or owe additional funds. You can always fire a lawyer and hire another.
Answered on Feb 12th, 2013 at 7:48 PM
Yes, you can. If you have any trouble with the transfers you can file a complaint with the State Bar.
Answered on Feb 12th, 2013 at 7:09 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can fire your attorney at any time but the attorney is entitled to fees earned so you may not get all your money back if he can show time he worked on your file.
Answered on Feb 11th, 2013 at 11:28 PM
Kevin J. Connolly
There is no good reason for your attorney to be holding the earnest money. Yes, fire him. Your money may already be gone.
Answered on Feb 11th, 2013 at 11:05 PM
You can terminate an attorney at any time. You can request an accounting of the money that you have paid them and any unused portion would have to be returned to you. This would also depend on any written fee agreement that you may have with the attorney.
Answered on Feb 11th, 2013 at 9:38 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Yes you can...but keep in mind that depending on your agreement, the attorney may be able to keep money for the time he has put in so far.
Answered on Feb 11th, 2013 at 9:36 PM