how to deal with clients who want a refund lawyer

by Dr. Myriam Morar 8 min read

[04:10] Hire a lawyer to help draft a solid refund policy. [05:33] Assess the issue calmly and remove your emotions. Don’t get defensive! [08:45] Put yourself in the client’s shoes to help you determine how to best rectify the situation. [09:20] Consider alternative options to refunds like coupons or free shipping.

Full Answer

How to demand a refund from an attorney?

How to Demand a Refund From an Attorney 1 The Lawyer-Client Agreement Controls. It is important to read and understand the fee agreement that you sign with your attorney before he begins working on your behalf. 2 Contingency Agreements. ... 3 Hourly Fee Contract. ... 4 Bar Association Assistance. ...

Should you give refunds to clients who request them?

If you offer outstanding customer service, you shouldn’t have to worry about too many clients requesting refunds. If you prioritize client happiness, you’d graciously offer a refund to the rare client who, for whatever reason, may not find your products or services a good fit.

Can I get a refund if my lawyer quits?

If the work is not performed -- regardless of the reason for non-performance -- then the lawyer owes the client a refund. That means whether you fire your attorney, or your attorney quits, you may be entitled to a refund for any paid-for services not yet rendered.

How do I fire an attorney and get a refund?

At the time you fire him, include a demand for the accounting and refund in the same letter. No formal or legal language is required. If you and your former attorney disagree on the amount of refund you are due, you can usually get help.

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What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Can a lawyer go against their clients wishes?

Regardless of the reasons, when your lawyer goes against your wishes, it can constitute legal malpractice. Your lawyer has an obligation to represent your interests, even if you choose a legal option that he or she believes is not the best choice.

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 do when opposing counsel won't respond?

In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•

What do lawyers do when they know their client is guilty?

If an attorney thinks their client might have committed the crime they're defending them for, they won't come out and ask their client if they're guilty because they can't knowingly lie in court. The attorneys's job is to provide a vigorous defense… determining guilt or innocence is a job for the jury.

Do lawyers lie for their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

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.

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.

Can I fire my attorney by email?

If you decide to fire your lawyer, the best way to do it is in writing either via email, mail, or text. Your termination notice should let the lawyer know the reason for the decision and should also give instruction as to where to send a copy of your file.

How do you deal with crazy opposing counsel?

8 Tips for Dealing with Difficult Opposing CounselPoint out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.

Do opposing lawyers talk to each other?

Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.

What is reasonable response time for a lawyer?

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.

Step One: Know Your Rights

In Australia, whether you’re legally required to refund a customer will depend on the reason behind the request. In some circumstances, businesses have a legal obligation to give a refund – but unless it’s one of those scenarios identified by consumer law, the decision is up to you (or your organisation’s refund policy).

Step Two: Check Your Refund Policy (if you have one)

There is a wise old saying: “An ounce of prevention is better than a pound of cure.” Yes, it’s cliché, but it’s still the best course of action when you’re going into business.

Step Three: Responding to a Refund Request

A customer refund request is often a response from a dissatisfied customer. Knowing this in mind, you need to treat it as a customer service issue first and foremost. Here’s how to deal with a customer who wants a refund. Start with the HEAT model, recommended by the Customer Service Institute of Australia.

Step Four: Refund or No Refund?

When a customer asks for a refund, should you give them what they’re looking for? There’s a fine line that you need to tread. Process a refund and your revenue will take a hit, leaving you out of pocket for labour and materials. Deny a refund and you lose a customer, with the potential to impact your business long-term.

Step Five: Resolving A Refund Request

Not all situations warrant a refund. There are times you need to look at your business, stand your ground, and say no to an irate customer. The thing is, you can do this without further upsetting the customer.

Related Questions

There are many reasons that can make a customer frustrated, disappointed, or downright angry at your business. Some common reasons for customer complaints include:

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.

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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.

1. 8 Ways to Deal With a Difficult Client

Difficult customers exist in every business, and even though you may want to kick them to the curb some days, you know that it’s better to keep them if you can. This article offers valuable tips may help turn the headache into profit.

2. 5 Ways to Tame Difficult and Problematic Clients

A client is usually difficult if you fail to live up to his or her expectations, which is why it’s important to understand their expectations before you begin working on their legal matter. This article provides useful advice that will help you find out what your client wants, and how you can deliver before any disagreements occur.

3. 15 Types Of Difficult Clients And How To Handle Them Effectively

There are many ways a client could be difficult to work with, whether they demand all your time or make unreasonable demands. This article offers tips you can use to recognize when you have one of these challenging clients, as well as how to effectively deal with them.

5. How to Deal with Complaints – When the Client is Wrong

No matter how unjustified a client’s complaint is, you have to keep your composure and find a way to resolve the issue in a way that preserves your relationship. This can be a frustrating task for most lawyers, but it is key to maintaining a positive reputation.

6. 5 Psychological Hacks to Manage Difficult Clients

If you want to successfully manage your client relationships, then you have to have a good understanding of how the mind works. This article explains how you can use emotional intelligence and psychological tactics to address complaints, communicate and ultimately keep your client relationships intact.

What does a lawyer do when a client is misunderstanding?

The lawyer may be able to cure a misunderstanding and staff the case as proposed. If necessary, the lawyer might be able to tell the client that the client’s view is unfortunate but that there is someone else at the firm who can handle the matter. If that will not work, the lawyer can refer the client to some other law firm.

What can a lawyer tell a client?

Alternatively, the lawyer can tell the client that the client may not take the actions he or she wants to take, but that there may be alternatives that can get the client to essentially the same position. The lawyer can then explain what those alternatives involve, including the legal issues that need to be examined.

Can a lawyer turn away business?

Of course, it is not easy for lawyers to turn away business, especially when their cash flow is suffering and clients are not exactly knocking down the office door.

Can a lawyer resign without court approval?

In certain cases, it may be difficult, if not impossible, to resign from representation, at least without court approval. Addis says lawyers should carefully think about staffing issues for a difficult client.

Do lawyers sleep when they retire?

Lawyers have plenty of time to sleep once they retire. Lawyers and Clients: In Each Others' Eyes. A man is flying in a hot air balloon and realizes he is lost. He reduces his altitude and spots a man down below.

Can a lawyer lead a client to accept a bill?

Even in this situation, Denney believes, a lawyer may be able to lead a difficult client to accepting and paying the bill. If the client rejects the lawyer’s entreaties, the lawyer will learn that fact sooner rather than later and should be able to find an amount to bill that is acceptable to both parties.

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Have The Confidence to Say "No"

  • As an ex-freelance photographer I've been in this situation myself. I delivered work to spec and co-operated with the client to reach a compromise. I suggested trying different edits or compositing images to get the result they wanted. It didn't matter what I suggested. The client just wasn't happy. They didn't like my photos. If I wasn't insured I'd have surrendered to their request for a re…
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Don't Offer Extras Or Added Frills

  • Most of us hate the idea of having unhappy clients. It's tempting to throw in a 'freebie' if a client is asking for a refund to appease them. "I'm sorry you're not happy with the photoshoot. How about I re-shoot it for free?" "I'm sorry you're not happy with the website design. How about I discount the logo design?" Don't do this. Being a good freelancer is all about setting boundaries. Offering free…
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Have The Scope of Work written, Agreed and Signed

  • We talk about the importance of the statement of work a lot at With Jack, and that's because its role in determining how a project goes can't be undermined. The project spec and terms you agree with your client will lay the foundation of what duties are to be expected of both parties. Fulfilling the scope of work and working to the terms you've agr...
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