if an attorney doesn't perform who do you call to get a refund

The best way to get a refund is to ask your lawyer directly—you can either send a letter or call them at the office. See if you can set up a meeting to discuss the termination of your agreement and your refund payment. Make sure they give you back all the case files and court documents but keep in mind that they might charge you for them.

Full Answer

Can I get a refund from my lawyer?

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 should I do if my attorney refuses to return my fees?

Oct 27, 2010 · The attorney is entitled to be paid for work already done. But you can terminate an attorney at any time for any reason and you are entitled to a refund of all unearned fees. Contact the State agency which licenses and regulates attorneys if you get no response or an inadequate accounting, and make a formal written complaint.

What happens if a lawyer doesn't return phone calls?

In New Mexico, it’s unethical to charge a non-refundable fee, full stop, so if you pay a retainer to an attorney for services anticipated and the total amount of services rendered is less than the retainer, if you ask for your money back, then you get your money back (or else you contact the ethics committee, and then you get your money back).

Can I fire my lawyer and get my money back?

Sep 25, 2011 · 3 attorney answers. Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls.

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What should you not say to a lawyer?

How often should I hear from my attorney?

1 attorney answer

Send the attorney a letter by certified mail which instructs him to cease all work on your behalf and demands an itemized accounting of all fees claimed as earned and all work accomplished for the claimed earned fees. The attorney is entitled to be paid for work already done.

Christine C McCall

Send the attorney a letter by certified mail which instructs him to cease all work on your behalf and demands an itemized accounting of all fees claimed as earned and all work accomplished for the claimed earned fees. The attorney is entitled to be paid for work already done.

John S. Fason

Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls...

Stewart Andrew Sutton

Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer. Your lawyer breached his contractual obigation to diigently and competently render legal services.

Cynthia Russell Henley

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.) Give the....

What to do if an attorney claims they have earned the entire fee?

If the attorney claims they have earned the entire fee and is steadfast about keeping your money , the bar association could help you arrange mediation with the attorney in hopes of ironing out the disagreement.

What do you expect from an attorney?

When you hire an attorney, you expect their legal advice and guidance to assist you with whatever problem you are facing. Whether you are dealing with a creditor or facing criminal prosecution, your attorney is supposed to be your lifeline.

Why are fees spelled out upfront?

These fee agreements are spelled out upfront so that you understand what percentage your attorney will keep. However, some conflicts can arise in cases where it is unclear who is responsible for filing fees, the cost of expert witnesses, and other miscellaneous fees. These conflicts can result in a disagreement over what an attorney’s fair share actually is.

Can the bar discipline an attorney?

Additionally, the bar could discipline an attorney if they wrongfully keep a client’s fee. In extreme cases, this sort of financial malfeasance could result in the suspension of an attorney’s license. Given what is at stake, contacting the bar association could be your best option for seeing your money returned.

Do attorneys use flat fees?

Instead, attorneys use flat or hourly fees for their billing. Hourly fees are ripe for disagreements, as many attorneys require a retainer to be paid upfront. The retainer represents a pool of money paid to your attorney for fees they have not yet earned.

What happens if you don't pay an attorney?

Since you had no written contract the attorney will say you paid him a true retainer, which is a fee paid strictly to keep him available in case something happens, and is not an advance against future work. If it was the latter, at least part of it would be refundable. You could bring a small claims action which would most probably be referred to arbitration. You could try to negotiate and say, that you agree to pay him for the time spent in advising you and refund the balance or you will be forced to take appropriate action for return of your fee. You could also check the California Bar website for information for the public about attorney client fee disputes.

What to do if a lawyer won't talk to you?

The lawyer may be entitled to keep some money for the consultation, but he should refund any money not "earned" by time spent. If he will not talk to you, and if he will not itemize his time, then the next step is to file a grievance. Report Abuse. Report Abuse.

What to do if a man refuses to give you money?

If he refuses to give your money back, file a complaint with the State Bar.

What to do if a person does not return a claim?

to have proof of delivery, that if he does not return it in 5 days, you are reporting him to the State Bar. If he does not respond, report him. The State Bar has a victim fund that you can apply for relief. They actually pay out claims.

Is a non-refundable retainer reasonable?

However, the non-refundable retainer must be reasonable. There was some time spent with the attorney giving advice obviously. A reasonable non refundable retainer can probably exceed the attorney's normal hourly rate for whatever time the attorney spent actually spent giving advice, etc.

Can a lawyer keep a retainer in PA?

All Attorney Fee Agreements in PA must be in writing to be legal. Also, a lawyer is not permitted to keep a retainer for no work performed. You should call your local bar association for a referral for handling your fee dispute.

Can I get my money back if he doesn't explain it?

I believe you would be entitled to your money back if he did not explain to you it was not refundable (and if it wasn't, and he had half a brain, he would have on the receipt he gave you that it was not refundable.)

What do lawyers respond to?

Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.

Why are my attorney's messages so annoying?

“Urgent” messages are likely to result in an annoyed response, since they’re often returned when the attorney is preoccupied with another matter . Remember, you’re just trying to get your attorney’s attention, not to alienate her.

Can an army of marching attorneys help some clients?

We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.

Can contingency fees be recovered?

In contingency fee cases, the fee may still be due upon recovery by the new attorney unless you can show good cause for the dismissal . Good cause usually involves a serious mishandling of the case or the client, including:

Can you dismiss an attorney?

While you can dismiss an attorney whenever you choose, this is obviously the last resort. Time and money can be lost in the transfer, and many lawyers refuse to accept cases that have been handled by others.

Is a lawyer competent?

Even the best lawyers are usually truly competent and proficient in only a few areas of the law.

Do attorneys mind after hours calls?

Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.

What to do if your attorney doesn't comply with your obligations?

If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior.

What is a disciplinary complaint against an attorney?

A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint.

What is the role of an attorney in a legal case?

An attorney must act with reasonable diligence and promptness when representing a client. To that end, the attorney must be careful not to have a conflict of interest in the matter or with clients. Further, the lawyer must consult with and reasonably inform the client of information related to the legal matter at hand.

Why do lawyers use reasonableness?

Most of the Rules of Professional Conduct use a reasonableness standard in order to determine if an attorney’s conduct is appropriate. Since an attorney is a professional, the question would be one of reasonableness for other professional attorneys.

What is the responsibility of an attorney?

An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.

Do attorneys have to take a professional responsibility exam?

In most jurisdictions, attorneys are required to take and pass a Professional Responsibility Exam prior to being admitted to the bar. Upon admittance to the bar, attorneys agree to comply with the ethical requirements of their jurisdiction. Most attorneys uphold that promise.

Can a client pursue a malpractice claim in court?

Clients also have the right to pursue legal malpractice claims in court. If a client successfully proves that a lawyer was negligent or guilty of misconduct and that the client suffered monetary damages as a result then the client may recover those damages in a professional malpractice lawsuit.

How much can you sue a business for a refund?

Every state has its own small claims court system, and the limits are different for each — for example, in Alaska, you can sue in small claims for up to $10,000, while Arkansas has a $5,000 limit. You’ll have to do a little research to find out the limit in your state, and whether small claims court is an option for your dispute.

What to do if a seller refuses to help you?

If the business or seller refuses to help you resolve your complaint , and you still feel like you have a legitimate argument for having your money refunded, there are still other avenues you can take, including chargebacks, mediation, a lawsuit, or arbitration. Read on to learn more about those options and how each one can help you get your money back.

What happens if a seller agrees to mediation?

If the seller agrees to mediation, you and a representative from their business will meet with an independent mediator. This person is not a judge, and they don’t have the power to decide anything legally binding. But professional mediators have had special training in helping two parties in a dispute reach resolution, and they’ll try to help you, too.

What happens if you reverse a chargeback?

If they do reverse the charge in your favor, it can affect the merchant on the other end financially — they may need to pay administrative fees to the credit issuer, and businesses that accrue multiple chargebacks may have their bank accounts closed because of it.

How to get money back from a chargeback?

The process varies a little bit depending on the credit issuer, but some parts are the same: You’ll submit your dispute, and then explain your case and include any evidence you have that shows you’re in the right and should get your money back . The credit issuer will investigate and ultimately decide to either reverse the charge, or deny your dispute. If they do reverse the charge in your favor, it can affect the merchant on the other end financially — they may need to pay administrative fees to the credit issuer, and businesses that accrue multiple chargebacks may have their bank accounts closed because of it.

When did credit card charges reverse?

If you used a credit card for the purchase you’re trying to get refunded, you have a specific type of protection offered under the Fair Credit Billing Act of 1974, which allows you to ask your bank or the credit issuer to reverse the charge, taking money from the merchant and putting it back into your account.

Do sellers have their own return policies?

In addition to this, many sellers have their own return and refund policies, and they generally uphold those (but not always!).

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.