Dear madeleine:
Greetings. Wow. I am so sorry to hear about this situation. It takes all attorneys down a notch when one of them does something like this. Just know, that there are good attorneys out there that return phone calls in a timely manner.
Yes, you are entitled to the unused funds in his escrow account. I would go to his office, with a written letter releasing him as your counsel of record, willing to sign a consent to withdraw, and wait for a check getting your funds back.
Hire another attorney immediately, even before you fire him, and that person can help you get your remaining funds returned and let them know that you have chosen alternate legal counsel. Thank you and good luck. (Give us a call if you are in Wake or Mecklenburg County).
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.