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Ask Leena R. Kamat, Esq. Your Own Question
Leena R. Kamat, Esq.
Leena R. Kamat, Esq., Attorney at Law
Category: Legal
Satisfied Customers: 384
Experience:  JD, UC Davis School of Law; BS/BA, UC Berkeley. Licensed by the State Bar of California.
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Im in the state of California. 6 months ago, I

Resolved Question:

I''m in the state of California. 6 months ago, I gave an attorney a $4,000 retainer to help me become a citizen of the United States. I am currently a Legal Resident. He was initially helpful, but has not returned any of my calls for 4 months. His assistant always says he is out of the office working on another case. She takes a message and assures me that the attorney will receive it, but I never get a call back. I have asked for a refund of my retainer, but the assistant says I have to talk to the attorney. How can I get my retainer back from the attorney?
Submitted: 8 years ago.
Category: Legal
Expert:  Leena R. Kamat, Esq. replied 8 years ago.
Hello,

I am sorry for the bad experience you have had with this attorney. I would recommend first sending a letter to the attorney by certified mail or Fed Ex -- anything that would give you a tracking confirmation. Document everything that you can recall in the letter: the date you initially contacted him, the amount you paid, the fact that you have attempted to contact him for the last four months, and that you would like a refund of the retainer. The more specific you can make it, the better. Make sure you keep a copy of the letter and the delivery confirmation. You could also mention that you are very disappointed, and that you will file a complaint with the State Bar if you do not receive a timely response/refund. The attorney should take it seriously when he sees you have all of this documented in writing.

If that does not work, you can go ahead and file a complaint; see this page for reference: http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179

Best,
Leena
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