how to get your money back from a lawyer in texas

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.)

Full Answer

Can I get my money back from my lawyer?

Texas can take up to eight weeks to release your funds and send a check to your listed address. The state’s status checker lets you check daily and see how long the process will take. You just need your claim number, which you will find on your original claim form.

What to do if you can’t afford a lawyer?

Sep 25, 2011 · Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the …

Can I get my money back from a lawyer I fired?

How can I get money back from a lawyer? Asked on Dec 09th, 2013 on Criminal Law - Texas More details to this question: Over four years ago the feds raided a house where drugs were allegedly found. To this day no arrest, charges or indictments have been made. The only work this attorney has done is make 5-6 phone calls.

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

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.

John S. Fason

Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls...

Stewart Andrew Sutton

Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer. Your lawyer breached his contractual obigation to diigently and competently render legal services.

Cynthia Russell Henley

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.) Give the....

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.

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.

What is contingency fee?

Contingency fee agreements are common in personal injury cases. Other areas of the law do not favor that type of arrangement. In fact, certain areas of the law including family law bar any type of contingency arrangement. Instead, attorneys use flat or hourly fees for their billing.

What is contingency fee agreement?

A contingency fee agreement is a relationship where an attorney does not require any upfront legal fees. Instead, they will keep a portion of the compensation they recover on your behalf. If they are unsuccessful in your case, they get nothing.

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.

About This Guide

Legal troubles can be confusing, frustrating, and overwhelming. It can stress all your relationships, including the one you have with your attorney. This guide begins with information on how to go about hiring an attorney and how to work effectively together.

Hiring and Working with an Attorney

Choosing a lawyer you feel confident in and comfortable with is the first step to a good working relationship. These sources discuss how to go about your search for an attorney and how to work effectively with them.

Grievances

These resources provide information about the process of filing a grievance, a formal complaint about an attorney's misconduct or violation of disciplinary rules.

Firing Your Attorney

These resources help you consider whether to request your attorney withdraw from representing you.

E-Books Available from the State Law Library

If you have a library account in good standing, you can check out an OverDrive e-book title or access our remote databases. Don't have a library account? Texas residents can register for a library account from home! Learn more about how to register from home.

Books Available from the State Law Library

While it is generally best to exhaust every possible avenue to resolve disputes with your lawyer, case law has established that a client may discharge his attorney at any time. Here are sources that may be helpful if the relationship cannot be resurrected. Below are some of the library resources that can provide further guidance on this topic.

What is a small claims court?

Small claims court is a legal venue for homeowners who feel they are owed money back from a contractor. In small claims court, individuals bring small monetary claims against other individuals or companies, typically with damages of no more than $10,000. However, the amount you can claim depends on the limits of your state. During a small claims court case, you present your claim against the contractor for faulty work, a failure to meet contractual obligations or other issues that you feel left you with a loss.

What is a surety bond?

Part of the licensing process for contractors is getting a surety bond. A contractor license bond provides some peace of mind to customers in the event something goes wrong. If a contract is not completed per the terms of the agreement, you may have the ability to file a claim against the bond. Surety agencies will work with you to determine the best solution to the issue, whether that is a payment for damages, hiring a new contractor or maid service, or prompting the initial contractor to complete the work they promised.