pa. what to do when lawyer takes money with no service

What to do if your lawyer takes money from you?

Nov 28, 2012 · Answered on Nov 29th, 2012 at 11:58 AM. Since you had no written contract the attorney will say you paid him a true retainer, which is a fee paid strictly to keep him available in case something happens, and is not an advance against future work. If it was the latter, at least part of it would be refundable.

What can I do if my lawyer Won't give me my file?

If you believe that your lawyer has taken or improperly kept money or property that belongs to you, contact the state client security fund, client indemnity fund, or client assistance fund. The state or local bar association or the state disciplinary board …

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

May 06, 2009 · 2 attorney answers. I would be more direct - ask the attorney for your money back, you never know, some attorneys will refund fees if a client is dissatisfied and then use the money to hire a new attorney. Otherwise, in a situation like …

What happens if you don't pay your lawyer?

If the first lawyer hasn't done much, this shouldn't cost a lot. But if you have a trial scheduled for three weeks from now, your new lawyer will have a monumental and time-consuming job. Sue for Malpractice. 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.

What can I do if a lawyer is not helping you?

Yes. If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.Jun 7, 2018

When a client fails to pay its legal bills can a lawyer withdraw from the representation if so how?

Answer: A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, such as an agreement concerning fees or court costs or an agreement limiting the objectives of the representation.Nov 7, 2021

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.

How do I file a consumer complaint with the PA Attorney General?

WHEN SHOULD YOU FILE A COMPLAINT You can download a complaint form from our website at www.attorneygeneral.gov or you can call our toll-free number, 1.800. 441.2555, to have a form mailed to you.

Can a lawyer drop you as a client?

A lawyer may withdraw because the client has not paid the agreed fee; however, a lawyer must not withdraw from representation of a client on the grounds of non-payment of fees, unless the client is given a reasonable opportunity to obtain another lawyer who will (1) either be able to secure an adjournment of the matter ...Feb 26, 2016

Can a lawyer refuse to take a case?

Ever wondered whether a lawyer can refuse a case? Refusing to fight for a person , be accused in a case or victim of crime , cannot be denied by a lawyer. Every person have the right to be defended in a case, even the poorest of the poor too. They cannot be denied that right to be defended.Apr 9, 2020

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

How can I file a complaint against a company?

The best way to do this is to file a complaint directly with the Ministry of Corporate Affairs (MCA). One has to fill in the form as per the guidelines mentioned in the form and provide all the mandatory data as required. Once done with the form fill up, one has to complete the Check Form and Pre-scrutinize the form.May 7, 2016

Who protect consumer rights?

Federal consumer protection laws are mainly enforced by the Federal Trade Commission, the Consumer Financial Protection Bureau, the Food and Drug Administration, and the U.S. Department of Justice.

How do I file a complaint with the attorney general's office?

If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. Filing a false complaint is punishable as a Class A Misdemeanor. We need complaints in writing.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

2 attorney answers

I would be more direct - ask the attorney for your money back, you never know, some attorneys will refund fees if a client is dissatisfied and then use the money to hire a new attorney. Otherwise, in a situation like this, you should get a new attorney in any event.

Jonathan H Levy

Your question doesn't really specify what the attorney did/failed to do for your boyfriend. His is a fairly common situation. People end up having children they didn't know about and have to pay back support on them. Your boyfriend didn't have a lot of options for his lawyer to work with. What has happened is not far from the norm.

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 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.

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 is the defense of a lawyer who is sued for malpractice?

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. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

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 happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What happens if a contractor takes a down payment and does nothing for the job?

If a contractor takes a down payment and does nothing for the job such as having materials delivered or showing up to work on it he is guilty of fraud in most cases. Call the police and district attorney to see what charges can be filed against him.

Can I represent myself in court for a small claims claim?

If the amount of the deposit falls under your states small claims threshold you could represent your self in court for a small filing fee, most small claims courts are user friendly and you do not have to be a law expert. Just have all your paperwork between you and the contractor in order.

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 happens if you file in the wrong court in Pennsylvania?

If you file in the wrong venue, the defendant can ask the court to dismiss the action. The general venue rules of the Pennsylvania Magisterial District court require you to file your case as follows:

How much can you recover in Pennsylvania?

You can recover $12,000 or less in the Pennsylvania small claims courts. If you need an order to make someone do or stop doing something, other courts are available. For example, if you want to file for divorce or increase child support, you’ll need to go to a family law court.

How long does it take to file a counterclaim in Philadelphia?

A defendant who believes the plaintiff owes money must file counterclaim at least five days before a Magisterial District Court hearing. The deadline is at least ten days before trial in Philadelphia Municipal Court unless the counterclaim is less than $2,000. In small claims court, you won’t need to worry about details like choosing a jury.

What happens if you file in the wrong court?

If you file in the wrong venue, the defendant can ask the court to dismiss the action.

What happens if you don't agree with the outcome of a case?

If you don’t agree with the outcome of the case, you’ll be able to appeal. But you have to move fast. You’ll lose your rights if you don’t file an appeal on time.

How long does it take to file a lawsuit in Pennsylvania?

The statute of limitations for injury and property damage cases is two years, and four years for contract cases.

What happens if you win a court case?

If you win, the judge will order the other party to pay a specified amount of money. The court clerk will usually enter and mail the judge's decision—known as a money judgment—a few days after the hearing.

What happens if no one is available in Pennsylvania?

If no one is available, the deceased’s estate passes to the Commonwealth of Pennsylvania. Complex family structures often make intestacy more complicated. In situations where the deceased has children from another marriage or a mix of children and stepchildren, the spouse and different children may take different sized shares.

What does it mean to pass away without a will in Pennsylvania?

Intestacy merely means passing away without a will. When this happens, Pennsylvania’s intestacy statute will step in and decide how your estate is passed on. Property that passes through a will or intestacy rules must go through a legal process called probate. This process involves taking the will to court or filing for intestate succession ...

What authority does the court give to the executor of an estate?

Court orders give them the legal authority to access accounts move funds, pay debts, and assemble all the property so that the court knows what assets to pass on. The court and executor then determine who should take shares of the estate.

What happens if a friend passes without a will?

If a friend or family member has passed without a will, their estate still needs to be handled through probate. Instead of deciding how their estate will pass to their heirs by looking at their last will and testament, Pennsylvania’s “intestacy statute” governs how their money and assets will be dispersed instead.

How long does it take to get a will challenged?

Once the claim is in court, it could take weeks or months to resolve the claim.

Can you write a will in Pennsylvania without a will?

In Pennsylvania, there are two primary options to decide how most of your estate will pass when you die. You can either write a will or remain “intestate.”. Intestacy merely means passing away without a will. When this happens, Pennsylvania’s intestacy statute will step in and decide how your estate is ...

Can a will be challenged in Pennsylvania?

During the probate process, potential heirs can challenge a will in Pennsylvania . If they succeed in proving that the will is invalid, the estate may pass through intestacy instead. If there is a former will that is still valid, that will takes over; if there is no valid will, the intestate rules take over.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

Where does a lawyer have to keep money?

Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

What happens if you don't collect a lawyer's fees?

Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What is not an hourly fee?

Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists.

Can an attorney use information learned during the course of the attorney-client relationship to apply pressure on a client for payment

Moreover, a lawyer cannot use information learned during the course of the attorney-client relationship to apply pressure on a client for payment. Exceptions to this rule apply in attorney fee litigation and malpractice disputes, as the attorney can reveal information as necessary to defend himself or his fee.