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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 743
Experience:  Founding Partner at Moises Law, P.A.
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I have just retained a criminal attorney for my criminal

Customer Question

I have just retained a criminal attorney for my criminal matter. Upon retaining said attorney, communication died, and I am considering no longer using this attorney. I hired said attorney 5 days before my arraignment, they did not appear but simply called in and all I know for sure is there was a continuance. This is the sum of the work provided.My question is specifically in regards ***** ***** retainer agreement being a "non refundable true retainer" I know these are rare and must fall under certain guidelines to be valid. I need this document reviewed for validity. Please only answer if you are familiar with true retainers and their wording. Thank youI will be providing the documents shortly when I see a response
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  MIAMILAW1127 replied 4 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Send the documents over so I can review them please.

Customer: replied 4 months ago.
here they are, note that the second page was left unsigned.
Expert:  MIAMILAW1127 replied 4 months ago.

You can try to assert that they are breaching the contract and that their breach entitles you to a pro-rated return of the retainer agreement.

However, the retainer agreement language basically locks you in to the nonrefundable deposit.

Customer: replied 4 months ago.
I have only paid half of the retainer, and given that the payment schedule is not signed does that give me any leeway? Can I be sought after for the rest of the payment, if there have been no services provided yet?Breaching the contract in which way? by lack of communication?
Expert:  MIAMILAW1127 replied 4 months ago.

Yes. The payment schedule must be signed.

They can make the argument that you still owe the other half, but it will be difficult for them to assert under these facts.

Exactly. There is language in the contract that says that they will work on the case and keep communication with the client. That would be where the breach occurred.

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