lawyer uas been holding on to money how can i get it back

by Tessie Hagenes 9 min read

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.

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Can I get my money back from an ex-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 a client get their money back from a lawyer?

Sep 25, 2011 · 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.

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

Oct 19, 2018 · 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...

What can I do if my lawyer Won't Let Me retrieve files?

Jan 18, 2017 · If you feel you could be entitled to a refund of your retainer fee, first confirm that the bankruptcy attorney you retained did nothing on your bankruptcy case. This is the key to whether or not you are entitled to a refund. Attorneys are hired to perform a service. They charge a specified fee for their services. Providing the services takes time.

Can lawyers keep your money?

If there is a large sum of money involved or held for a long time, an attorney can hold the client's funds in an individual account, known as a Client Trust Account, and the interest earned will go to the client.

What does it mean when a lawyer has been retained?

By “retaining” a lawyer, you are establishing an attorney-client relationship with that lawyer. There are several methods for retaining a lawyer, but typically it will require an up-front payment or fee. That fee is commonly referred to as a “retainer,” and is given to the lawyer in return for legal representation.Jul 20, 2020

What does getting retained mean?

1a : to keep in possession or use. b : to keep in one's pay or service specifically : to employ by paying a retainer. c : to keep in mind or memory : remember.

What is a retaining fee?

A retainer fee is an advance payment that's made by a client to a professional, and it is considered a down payment on the future services rendered by that professional. Regardless of occupation, the retainer fee funds the initial expenses of the working relationship.

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....

How long does a lawyer have to be suspended in Arizona?

The lawyer must have been licensed or authorized to practice law in Arizona. The lawyer must have been disciplined with a suspension for longer than six months, interim suspension, disbarment or a felony conviction related to the claim.

Who is Ray Bedell?

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.

What is an attorney hired for?

Attorneys are hired to perform a service. They charge a specified fee for their services. Providing the services takes time. If the attorney you hired took time to work on your bankruptcy case, something was done. Services were provided.

What is Justin's goal?

Justin has a singular goal: to get people out of financial distress and move them to financial stability and prosperity. He does this by combining 15 years of in-depth experience in bankruptcy, credit management, debt negotiation and student loan modifications, and he does it with both English and Spanish-speaking clients.

Can I hire an attorney to file for bankruptcy?

If the attorney followed through on the intention to file by preparing paperwork and documents needed for the process before you cancelled your request for bankruptcy filing, you may have to accept that the decision to hire an attorney cost you money, even if you eventually decided against going through with the bankruptcy filing.

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 to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Gregory Edward Glass

Yes you can hire an attorney and file suit to recover but I always tell clients that even if you can obtain#N#a judgment against your friend, actually collecting on the judgment may be the most difficult part.

Neal Jay Sharkey

You can hire an attorney to try to get the money back but you will likely have to sue for the money back. Good Luck

How to recover money dues?

The lender may opt for out of court settlement for recovering the money dues through arbitration, conciliation or Lok Adalat. It is one of the economical and fastest ways for recovering. For out of court settlement both the parties should be willing and has to appear for the hearing. The arbitrators generally hear from both the parties and the award will be given. Once the award pronounces they cannot appeal, unless if the award is invalid or the person cannot repay within the specified time.

What happens if you don't repay your EMI?

Inspite of all this, if the person is not repaying the money, then the lender has to send a letter or a legal notice stating the date of the loan, the exact amount borrowed and also the repayment terms.

Can a lender lend money after signing a promissory note?

The lender should lend the money only after signing the promissory note or the loan agreement which has the terms and conditions stated clearly. In case of default in the payment of money, the lender can approach the court and file a civil suit for recovery of money or a criminal suit for fraud/ breach of an agreement.

Can a lender file a civil suit?

The lender can file a civil suit for recovering the money he owed through promissory note or loan agreement. He can do so under Order 37 of CPC which allows the lender to file a summary suit. He can file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court.

Can a bounced cheque be quashed?

While hearing a recent appeal, the Supreme Court has observed that a cheque bounce complaint under section 138 of the Negotiable Instruments Act cannot be quashed when disputed facts are involved. The Scariest thing about lending money to people is the fear of them not returning your money back. Generally, the lender has to issue ...