i did not get an accounting from my attorney and he owes me money what to do

You have the same options against a lawyer that you have against anyone else that owes you money. You could send letters threatening to file suit, file suit, turn the debt over to a collection agency or do nothing. It sounds like you worked for the lawyer as an independent contractor.

Full Answer

Does my lawyer owe me money?

Jun 01, 2010 · It seems you might do best simply sending another letter following up on your May 22nd email. If the amount at stake is $10,000 or less then you may be able to collect your attorneys fees in addition to the amount you are owed. A lawyer could help you evaluate your options. See ORS 20.082

Can I get a refund if my lawyer quits?

Re: My attorney owes me money Other than the $4,000, were you damaged (because you are now legally being held responsible for whatever it is you hired the lawyer)? You should immediately file a complaint with the State Bar of California, you are entitled to your files immediately, and the Bar also maintains a victim's restitution fund (part of lawyers' exorbitant dues) to restore what …

What to do if you can’t afford a lawyer?

My attorney owes me money. What should I do? A. Ask for an accounting and if not satisfied file a complaint. Better yet, seek fee arbitration through your local bar association. Q. My lawyer isn’t really a lawyer. She took the role of a lawyer in an office and passed herself off as a lawyer. What should I do? A. Call the local DA’s office, which has jurisdiction for prosecuting the …

Can I fire my lawyer and get my money back?

In theory your attorney is supposed to not distribute the settlement to you, any lien holders, and him or herself until the check has "cleared." Other clients' money is in the same trust account and if the check bounced but your attorney wrote your check right away, you could receive someone else's money. But as a practical matter, let's say ...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is an ethical violation?

Common ethical abuse examples include discrimination, harassment, improper use of company computers and unethical leadership. An ethical company code is important, but only if the leaders can live up to it.

Do attorneys get settlement checks?

Finally, your attorney gets a settlement check; it is deposited to their trust account and you don't get your check. What is going on? In theory your attorney is supposed to not distribute the settlement to you, any lien holders, and him or herself until the check has "cleared.".

Do banks say a check has cleared?

The banks simply won't commit themselves to saying the check has cleared. The guidelines the banks use for estimating when a check should have cleared or bounced depend on the location and identity of the issuer, but they are only estimates.

Is waiting for a check to clear a good explanation?

If you are waiting longer than that, "waiting for the check to clear" is not likely a satisfactory explanation. In addition to the problem of the check clearing there can be a much longer wait problem with liens. Suppose some of the medical bills in a personal injury case were paid by Medicare.

What is the importance of taking money into account?

Another important aspect worth taking into account is their financial situation . Depending on the context and the amount being borrowed, understanding what they will be using the money for is extremely important. Perhaps the money will be used for a legitimate reason, like children’s school fees, being behind on mortgage repayments, or a car that needs fixing. Or perhaps they might have a gambling or some other form of addiction you and their family may not even know about. Before lending them the money, speak to their family members and see what information you can gather.

How to collect a debt when you have lent someone money?

When you have lent a friend or relative money and they are not paying you back, you’re most likely going to have to rely upon your negotiation skills to try and recover the debt.

Why is it important to openly communicate about repayment expectations?

Although you might feel inclined to help out a loved one with finances, it’s important to openly communicate about repayment expectations so that no one is left in the dark or – worse yet – in the red,” says Steve Trumble, CEO of American Consumer Credit Counselling.

Do you leave a paper trail when lending money?

Leaving a paper trail. As much as it seems awkward to bring it up, when you are lending anyone money, regardless of whether they are a close friend or a distant relative, it is advisable to leave a paper trail of the transaction, some form of legal document alongside the repayments made.

When you loan money to a friend, is it important to understand?

When you loan money to a friend, it’s important to understand that although it may help them in the short term , you are essentially providing them with a quick fix solution to what may be a long term problem.

Can you get your money back if you can't repay it?

In most cases, the borrower will most likely feel guilty about asking you for the money, probably also feeling guilty when they can’t repay you . So tread carefully, yet be firm in your stance when trying to recover the money.

Should I borrow money to friends and family?

In Hindsight. It is generally advisable that you avoid lending money to friends and family. But if you choose to and they have agreed to signing an IOU form, Promissory Note or a Loan Agreement, you are in a slightly better situation as these can be used as evidence if you decide to take them to court.

How long does it take to get an accounting of a case?

It’s reasonable to expect an accounting of the financial side of your case within 30 days of the end of the attorney-client relationship, so if you don’t have it by then, ask your attorney for a detailed accounting, and make sure to put the request in writing.

What is representation fee?

All states adhere to the following principle where this aspect of the attorney-client relationship is concerned: Representation fees paid to a lawyer in advance (whether that money is described as a retainer, a deposit, or something else) belong to the client until the lawyer actually does the work to earn the money.

What to do if you disagree with a final accounting?

If you disagree with the final accounting, and especially if you think you’re owed a refund, you should first contact the attorney, explain why you think you were overcharged, and attempt to amicably resolve the dispute. Again, be sure to document the details of any dispute or demand in writing, whether as part of a letter to your attorney, or as a “memorandum” to yourself.

What to do if you disagree with your attorney?

Bar Association Assistance. If you and your former attorney disagree on the amount of refund you are due, you can usually get help. State and local agencies that regulate attorney conduct in each state, called bar associations, often offer fee arbitration services.

What happens if you lose a contingency agreement?

In a contingency arrangement, you pay no fees up front, and if you lose, you owe your attorney nothing. If you win, however, the attorney retains a set percentage as his fee. Since you do not give the lawyer any money up front, you cannot demand a refund if you fire the attorney before trial. On the other hand, if you replace him with another attorney and continue the litigation, he may and probably will claim part of any attorney fees won by your new counsel.

Why is it important to read the fee agreement?

It is important to read and understand the fee agreement that you sign with your attorney before he begins working on your behalf. You'll also need to read it when you are ending the relationship. It holds the key to determining whether your lawyer owes you money.

What happens if you don't pay your attorney in Texas?

If you do not pay your attorney in Texas, the attorney does not have a lien on your file unlike other states who do. If your attorney refuses to give you your file, then you should contact the Texas State Bar at 1-800-932-1900 or 1-800-204-2222 ext. 1790 or http://www.texasbar.com

Who is Jay Fleischman?

Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.