when to ask your attorney for your money back

Seek legal counsel before filing a lawsuit against your attorney over unreturned fees. There is no guarantee that you can get your money back from a lawyer. However, if your attorney has wrongfully kept some or all of your retainer or financial settlement, your state bar association might be able to help.

Full Answer

When do you get your money back from a lawyer?

Jun 19, 2020 · Additionally, you have the right to seek legal action against your attorney for any unreturned fees. This might be an option if you are owed a large sum of money, but pursuing these claims likely requires you to obtain a new attorney to pursue your case. Seek legal counsel before filing a lawsuit against your attorney over unreturned fees.

When does a lawyer have to refund a client money?

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 through the time you fired him. Once you fire him, he must prepare and give you a written accounting of the funds and a refund check.

Can I fire my lawyer and get my money back?

Dec 08, 2020 · 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.

What to do if your lawyer refuses to pay you?

Jan 27, 2015 · If the fee agreement says that all money is earned by the firm when payment is received, then you will have to rely on the good graces of your attorney. Tell your attorney that you are no longer interested in having him represent you, and since he didn't perform any significant services, you want your money back. You may not have a cause of action against …

How do I ask my lawyer for 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.

Can you get a refund back from a lawyer?

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 through the time you fired him. Once you fire him, he must prepare and give you a written accounting of the funds and a refund check.

How do I know if my lawyer is cheating me?

The attorney does not return phone calls in a reasonable amount of time, and; In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.Nov 28, 2015

Can you fire your attorney?

Although this is a subject that is not often discussed, you should know that you have the right to fire your lawyer at any time. Just as there is no compulsion on you to hire a lawyer, you are free to change your legal counsel or decide you don't want one anymore.Oct 4, 2021

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.

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.

How to file a small claims court?

DoNotPay will prepare you for your day in court by: 1 Generating a demand letter you need to send before you file a claim 2 Filling out the court form in accordance with your local small claims court 3 Giving you thorough instructions on how to serve the defendant with regard to your small claims court’s regulations 4 Creating a script that will include all the particulars of your case—damages you seek, what your legal claim is about, and evidence—so that you know exactly what you should say in front of the judge when you go to court

What is retainer fee?

A retainer fee is a prepaid fee used as a guarantee of commitment from professionals, such as lawyers, attorneys, consultants, advisors, and freelancers. It is most familiar in the context of legal services because you pay it when hiring a lawyer and signing a legally binding contract with them. The retainer fee doesn’t guarantee ...

How to get a refund 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 the termination of your agreement and your refund payment.

What is a general operating account?

A general operating account contains the money that’s used by the firm, and a trust account keeps the client’s deposits. The firm can withdraw money from the trust account only after they’ve provided the required services to their client.

What is earned retainer?

The earned retainer fee is a certain portion of the retainer that your lawyer is entitled to at the beginning of their work. The fee is deposited to the lawyer’s trust fund, and it’s usually billed by the hour for the work done. It can also be distributed for legal tasks, additional materials, and other court fees.

Waymon S. Harrell

An experienced consumer bankruptcy attorney should know how to put together a petition, plan, and schedules for a Chapter 13 case inside of two weeks. You obviously went to an attorney that does not have the experience or knowledge to represent clients in Chapter 13 cases.

Ryan J. Dove

"I no longer feel comfortable with this attorney"#N#100% time to find a new lawyer. Whether this lawyer dropped the ball or not, you should never work (or continue to work) with a lawyer you do not feel comfortable with.

Stuart Gregory Steingraber

The delay of 7 months is unacceptable. Get a new BK lawyer and let him/her negotiate your refund. Many of us offer free consultations.

Michael Raymond Daymude

You mention nothing about your fee agreement and how much you have paid toward your fees.

Gerald S Kim

It is your right to choose a new attorney if you are no longer comfortable working with him/her. There may be some legitimate reasons as to why an attorney might not have been able to file your bankruptcy within 7 months. Typically, this might happen if a client is missing a pay stub or other income document before filing.

Michael John Primus

You certainly can ask for your money back but whether you're entitled to it will depend on the wording of the agreement you signed. Qualifying for chapter 7 can be complicated so even a veteran lawyer can't always tell. Chapter 13 is more complicated than chapter 7 so if the lawyer says he/she can't handle chapter 13 accept that answer.

Derek Wade Freeman

You are under no obligation to continue to use the services of a lawyer you're not comfortable with. You can certainly fire this lawyer and hire another one. In fact, you probably should if your lawyer said he's unsure how to handle your case. Whether you can get back the money you paid is another question.

Who is Jodi Smith?

Jodi RR Smith, president of Mannersmith Etiquette Consulting, recently found herself in this situation. She ordered a product online, and upon arrival, it did not meet her expectations. “Before getting too worked up about it, I called the customer service line,” she said.

Who is Laura Woods?

Laura Woods is a freelance writer with more than 10 years of experience. She specializes in a variety of topics, including marketing, personal finance, entertainment and lifestyle. Her work has been featured on dozens of sites, including HuffPost, CNBC, Business Insider, Nasdaq, MSN, Yahoo, Fortune, Inc., Entrepreneur and POPSUGAR.

2 attorney answers

Call the Mississippi Bar. They have a process for this that doesn't require a full Bar complaint.

Craig Panter

Call the Mississippi Bar. They have a process for this that doesn't require a full Bar complaint.