Is this attorney malpractice?

I retained an attorney to work on my sister's federal criminal case. I paid him a $10,000 retainer to handle the case. He did no work. After a month, he said it was more work than he wanted to do and would not represent her. I later found out he lived at the subdivision that was a part of my sister's case.

I know normally a retainer is non-refundable but there was a conflict of interest. He knowingly withheld this information and I feel he should give me the retainer back because he accepted it under false pretenses. He would not return any of my phone calls or respond to my letters. The other twist to the story is he is a member of our state bar board of governors.

I really feel like his actions were unethical. Any advice?

Contact the state bar. They usually can help in a situation like this.

I don't think the state bar would be much help since he sits on our state bar board of governors. I am not confident they would investigate or that I could even get a unbiased response since he is one of them.

Under your theory (sits on the state bar board of governors) then there is nothing you can do because if you sue him he will get a high priced attorney.

Its worth a shot.