how to get unused money back from a criminal lawyer

by Rachel Friesen 10 min read

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.

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.

Full Answer

Can I get my money back from my lawyer?

Jun 19, 2020 · 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. The more work you are willing to do, the more likely you are to shake loose your money from your attorney’s possession.

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

Jul 07, 2011 · 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 get a refund from my attorney?

Apr 09, 2015 · Getting Back Unused, Pre-Paid Fees Depending on the kind of case you’re involved in, you may have pre-paid your attorney in the form of a retainer or other up-front fees at the outset of your case. If so, you may have some money coming your way.

Can I fire my lawyer and get my money back?

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.

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.

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.

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 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 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.

How to file a small claims court?

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Can you get a refund for a retainer fee?

The retainer fee doesn’t guarantee a successful outcome. If you are displeased with your provider’s services, you can request a refund for the retainer fee in no time at all with DoNotPay.

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 is money you give to a lawyer?

Money you gave to a lawyer for an investment, loan or any other purpose that did not arise from a lawyer-client relationship. Requests for reimbursement for interest, legal fees paid to other lawyers, damages, or other expenses.

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 are some examples of client protection funds?

Examples of Client Protection Fund cases include: An attorney fails to perform work a client paid for and refuses to issue a refund. An attorney improperly keeps part or all of a lawsuit settlement or award. 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.

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 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 long did the board of attorneys vote on the Bedell case?

The board didn't vote on Bedell's case for six months because of a case backlog, he said.

3 attorney answers

The language of the retainer agreement would control how much of a refund you would receive. The attorney would need to itemize his or her time and you would usually be entitled to a refund of the remaining portion of the retainer.

Scott R. Scherr

The implication of your inquiry is that the lawyer has been sitting on your case for 4 1/2 months with no reasonable explanation for the lawyer's inactivity. I am assuming that is so for purposes of providing an answer. If you have a right to demand a refund, you may have to ask for it.

Robert L. Flanagan

If it is clearly a retainer fee, all unused portions of the retainer fee, at the end of the engagement, should be returned to the client. Talk to the attorney and ask them why the delay (if any) for the case. The attorney has an obligation to communicate with you if you reach out to that attorney.

What to do if an attorney does not earn a fee?

If the attorney did not earn the fee, you should be able to get it back by asking. Maybe a personal visit to the office would help. Otherwise, you could file a grievance with the attorney grievance commission.

What happens if an attorney doesn't show up?

An attorney is obligated to represent you and show up in court for your cases if you have retained him. If he is not doing his job or is not showing up you have a right to fire him and/pr ask for your retainer or at least part of your retainer back. If he doesn't return it, you can always sue him in small claims court and/or report him to the state bar with a grievance. Call him and leave him a message saying you are going to file a grievance in 24 hours unless you hear from him. That should get his attention.

How long does it take to get a retainer back?

Write him a letter giving him 5 days to return your retainer since he didn't do any work. If he claims he did some work demand an intemized billing. Tell him in the letter that unless you get your retainer in five days you will contact the State Bar.

How much do attorneys keep for retainer?

Many attorneys will simply keep the entire $3,000 of your retainer fee. Thus, the difference of the $250 per hour or $2,000 for 8 hours leaves a balance of $1,000 not used on your behalf and not returned to you.

Do attorneys charge unreasonable fees?

But, it is often said attorneys charge an unreasonable amount for their services. Of course some do. However, if you understand the ways attorneys handle their fees, you can select an attorney who best suits your idea of fair dealing and you can often get an outstanding representation for a fair and reasonable fee.

What is retainer fee and why you need to write a letter to get refund

Retainer fee is the fee you paid for your attorney who is typically a lawyer. What if you have paid fee to your lawyer who did not serve the purpose ? You may want to get a refund from your attorney. In this case, you must write a letter .

Sample Letter format to request retainer fee refund

I, _________ (Your name here), became a client for you on _________ [Write the date of meeting / agreement here). I have paid retainer fee. Still now no action is taken from your end to resolve my issue, __________ (Write the exact issue here). Now I want to close this client agreement and don't require your service in this matter.