Is there a legal recourse against an attorney who doesn&#39;t return unused portion of retainer back to client?
<p>We had retained an attorney to establish guardianship for our son who had just turned 18 but had 'some issues'.  However, we (wife and I) changed our minds and decided against pursuing it.  The attorney promised to return the retainer, most of it unused, by check via mail within a week.  </p>

<p>6 weeks have gone by and we have not seen the check.  He is not returning phone calls.  What is our legal recourse?  Should we file a complaint and where? </p>

<p>This is probably a serious (disbarrable) violation of professional ethics by the attorney, which could be reported to the agency in the state where the attorney is licensed that handles attorney discipline (usually part of the administrative offices of the state supreme court). Some states are more efficient about handling these cases than others.</p>

<p>There would also be a basis for a civil lawsuit to return the funds (on theories of conversion, civil theft and/or breach of fiduciary duty) and potentially a criminal prosecution for theft.</p>

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