what to do if an attorney overcharges and won't refund

by Makayla Bechtelar 4 min read

If your attorney is unreasonable, a crook or both, however, if your attorney clearly owes you a refund but won’t voluntarily give you a refund, then you can take the matter up with the bar association and/or sue the attorney in an effort to recover the refund. That doesn’t guarantee a refund, but it is a possible way to obtain a refund.

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.

Full Answer

Can I get a refund on my attorney fees?

Mar 07, 2018 · If your attorney is unreasonable, a crook or both, however, if your attorney clearly owes you a refund but won’t voluntarily give you a refund, then you can take the matter up with the bar association and/or sue the attorney in an effort to recover the refund. That doesn’t guarantee a refund, but it is a possible way to obtain a refund. Utah Family Law, LC | …

How do I know if my lawyer overcharged me?

Feb 10, 2012 · 4. Fourth, a most effective way to deal with attorneys is by Filing a Complaint with the appropriate Attorney Disciplinary Board. In almost every jurisdiction there are Legal Ethics …

Can I get a refund if my lawyer quits?

If you can persuade the attorney that his/her fee(s) is/are unreasonable and that you should receive a partial or full refund, then the attorney should give you a reasonable refund. If your …

Can I get unused attorney fees back from my old attorney?

This is called a retainer. If you fire a lawyer to whom you have paid a retainer, you are entitled to a refund of whatever money remains of the retainer after the lawyer is paid for his services up …

Can you ask for your money back from a lawyer?

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 (5)… Sep 1, 2019 — Send a demand without any ultimatum. If you don't get your refund within 30 days, file a dispute with the State Bar where you live.

What is it called when a lawyer overcharges you?

Examples Of Overbilling

While the act of overbilling can simply be a lawyer overcharging for services, there are numerous ways this can occur, for example: Padding a bill: This occurs when a lawyer lies about how much time was spent on a matter. By overstating time spent, the bill becomes inflated.

How do you know if your lawyer is selling you out?

Signs of a Bad Lawyer
  1. Bad Communicators. Communication is normal to have questions about your case. ...
  2. Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ...
  3. Not Confident. ...
  4. Unprofessional. ...
  5. Not Empathetic or Compassionate to Your Needs. ...
  6. Disrespectful.
Aug 19, 2020

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.Feb 12, 2022

What to do if your attorney agrees to compromise?

If your attorney agrees to your compromise, make sure you receive a new bill with the correct amount before you send payment.

What to do if you are allowed to have an attorney represent you during an arbitration?

Look for an attorney who is experienced in handling attorney's fees disputes. Make copies of any documents related to the fee dispute to take with you to the hearing.

How to write a letter to an attorney?

1. Use standard business format. Your word processing application typically will have a template you can use for writing business letters. Include your name and address as well as the attorney's name, firm name, and address where you're sending the letter.

What should be included in a fee agreement?

Your fee agreement should include details on how often you'll be billed, how costs will be computed, and the rates at which the attorney will bill for work completed.

Why do lawyers charge flat fees?

A simple flat fee (plus expenses), agreed to up front, is often best for the client — because it ensures that the cost won’t go over a certain amount . And lawyers often accept a flat fee for simple matters, such as uncomplicated wills or real estate closings.

How much does a lawyer charge per copy?

Some law firms charge as much as 20 or 25 cents per copy, which can really add up if there are thousands of copies. You should push for as little as 10 or 12 cents. Travel time. Most attorneys bill their full hourly rate for time spent in transit for a case.

Do attorneys bill hourly?

Most attorneys bill their full hourly rate for time spent in transit for a case. Savvy clients ask that travel time be billed at half the attorney’s usual rate… or that the attorney be required to use travel time for which he bills you to work only on your case.

Should you be charged for time spent compiling your bill?

Billing for billing. You should not be charged for the time spent compiling your bill or answering questions regarding the bill. Best: Scan your itemized bill for entries related to billing. Try to keep conversations about billing separate from other conversations, and track them in a diary.

Do attorneys bill for travel time?

Travel time. Most attorneys bill their full hourly rate for time spent in transit for a case. Savvy clients ask that travel time be billed at half the attorney’s usual rate… or that the attorney be required to use travel time for which he bills you to work only on your case.

How to get money if a lawyer stole from me?

How can I get money if a lawyer stole from me? Call the State Bar of Arizona to explain your case and ask if you may be eligible to apply to the Client Protection Fund. Call 602-340-7280 within Maricopa County or 800-319-0514, extension 7280, everywhere else. Fill out an application on the State Bar of Arizona website.

What happens when an attorney lies?

An attorney lies, which causes a client financial harm. An attorney dies in the middle of a case and doesn't leave money to reimburse clients. Lawyers accused of these actions don't always have bad intentions, Bar officials said.

How much money did Ray Bedell borrow from a lawyer?

Here's a little-known way to get money back from a bad lawyer. Ray Bedell, a retired Phoenix electrician, had borrowed and scraped together more than $5,000 to hire an attorney in a family court case so he could spend more time with his daughter. The lawyer seemed smart, aggressive and talented in the courtroom, Bedell remembered.

What is the final step in the disciplinary process?

The final step is a vote by a board of volunteer attorneys that meets once a quarter on whether and how much money to award.

Who has a fiduciary relationship with a lawyer?

Individuals who have hired the lawyer or have a fiduciary relationship with the lawyer, such as guardianship. Small businesses that have hired the lawyer or have a fiduciary relationship with the lawyer, such as guardianship.

How long does a lawyer have to be suspended in Arizona?

The lawyer must have been licensed or authorized to practice law in Arizona. The lawyer must have been disciplined with a suspension for longer than six months, interim suspension, disbarment or a felony conviction related to the claim.

What is wrongful taking of money?

Wrongful acts such as theft or embezzlement of money. The wrongful taking or conversion of money, property or other things of value. Refusal to refund fees when the lawyer performed little to no work. A lawyer's intentional dishonest or deceitful conduct that leads to the loss of money or property.

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.

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.

1 attorney answer

Send a demand letter by CM/RRR for return of the overpayment. If you do not get it, file the small claim in justice court.

Dwaine Morris Massey

Send a demand letter by CM/RRR for return of the overpayment. If you do not get it, file the small claim in justice court.