can u get a refund from a lawyer who doesnt show up

You are entitled to refund of your retainer if the attorney has not performed the legal services that he or she agreed to provide you. If the attorney does not respond to your telephone calls, send him or her a letter. If that does not work, you should contact the State Bar.

Full Answer

Can I get a refund from my lawyer?

Keep reading to learn about your options. Your right to a refund from your lawyer will largely depend on your arrangement with them. While many lawyers put their fee agreement into writing, that is not always the case.

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

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.

Can I fire my lawyer and get my money back?

Since a client always has the right to fire her lawyer, ending the relationship is easy; figuring out the finances can be more difficult. Whether you are entitled to a refund, and size of that refund, depends on the type of fee agreement you signed with the attorney.

Do I have the right to get my money back from lawyers?

Your right to get your money back will also depend on the type of arrangement you had with your lawyer: a contingency agreement or an hourly rate. A contingency fee agreement is a relationship where an attorney does not require any upfront legal fees.

What can I do when my attorney ignores you?

If you think your attorney has acted unethically If you believe that your attorney acted unethically, you should consider filing a complaint with the State Bar. You can complete a complaint form online or download a PDF complaint form from the State Bar's website.

Is a retainer fee refundable?

Most frequently, the client agrees to a security or an advanced payment retainer where payment for services is drawn from the monies held in trust. Here's the kicker—only the true retainer is non-refundable. Unearned funds from either a security or advanced payment retainer must be refunded at the end of the work.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

How long is a lawyer retainer good for?

A lawyer cannot claim the retainer fee until they have completed work and provided an invoice to the client. The retainer is still the possession of the client until used for legitimate expenses as detailed in the retainer agreement. The amount in the trust account will not expire.

Is there a difference between a retainer and a deposit?

In a definitive sense, a retainer is a fee that is paid in advance in order to hold services (ie. a wedding or event date). While a deposit may also reserve a date, it is returned when the services have been completed. A retainer is by default non-refundable and is not returned.

How long should it take for a lawyer to get back to you?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

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 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.

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 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.

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 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 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.

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.