I recently hired a retired attorney for a civil case, currently in Superior Court, who did not represent to me he was in retired status. Under BBO rules I see a retired attorney may not charge for legal services, until being reinstated to active status again. As a result of this misrepresentation, I fired the attorney and I am currently incurring cost to find and educate a new attorney. As I already paid this attorney a few thousand dollars in legal fees while he represented me in retired status, may I make a 93A claim and file suit for return of all funds paid? This attorney says he has a "quantum meritas" right to keeping all funds already paid to him, for legal work performed, but does agree he was in retired status. This attorney has now been reinstated to active status, but was in retired status from 2001 until last week.
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Editor's Response
The latin term Quantum Meruit means "as much as he has deserved". I guess the attorney is trying to setup some type of equitable defense, perhaps based on unjust enrichment? Who knows? Frankly, I have no idea if he is entitled to keep the fees, but he certainly should not be taking clients and practicing law if he is not licensed. If I were you, I would send him a letter requesting the fees back and informing him that if he does not comply you will have no choice but to talk to the Board of Bar Overseers and ask them to intercede. Good luck.
rule 4.02
Supreme Court rule 4.02 (5) says an attorney may not practice law unless they are registered and current, which applies to all retired attorneys. If an attorney is barred from practising by BBO regs, how can they charge a fee. And if you discovered they were retired, you did not hire an attorney that is current, has taken reoccurring classes, and can not legally make an appearance in a court matter for you....so in my opinion, that lawyer has committed fraud. Surely any fees paid should be returned.