My suggestion is that you should initially ask the lawyer for an accounting of how the retainer was used and for a refund of any unused fees. You should keep a record of any communications with the attorney. Assuming you cannot work something out with the attorney, then you should complain to the local bar association (in Los Angeles County, for instance, this is the Los Angeles County Bar Association), and then complain to the California State Bar if you are not satisfied.
I know that time is of essence in a Bankruptcy and since fee disputes take time, you may want to consider hiring a new attorney or perhaps going to a pro bono organization like Public Counsel in the meantime. Also, if you are able to file bankruptcy you will list in the petition a claim for money against the previous attorney which the bankruptcy trustee might pursue although any funds obtained would go to your creditors. CDC
