I paid my lawyer $1000.00 but i didn't go thru with the divorce. The only things the lawyer did was file the complaint with the court,(160.00), and write up the complaint., 3 pages. My husband was never served . The lawyer told me that he did what he was supposed to and I don't get any refund. I only spoke to the man twice. Once at the consultation, and then to sign the divorce complaint.
2006-12-12 06:25:49 · 8 answers · asked by dawn d 1 in Politics & Government ➔ Law & Ethics
Probably not. What you probably paid was a retainer fee, and generally those are not refundable, regardless of whether your transaction was completed. Look at the representation agreement you signed for more information. If it was not a retainer fee, then you are probably entitled to a partial refund.
2006-12-12 06:30:06 · answer #1 · answered by ~ C ~ 2 · 2⤊ 0⤋
Probably not. The contract that you signed with the lawyer probably covers that issue. Take a look at it as you should have a copy; if not, you can request a copy of your file that should have one in it (you may be charged copying fees). The complaint only cost $160.00, but the time that the lawyer took drafting it (as well as paying for his assistants, other paper work, office supplies, etc). Like doctors, lawyers go to school for a long time and have to pay for malpractice insurance and other incidentals, so their time costs a lot of money.
I think someone suggested that you file a bar complaint, but please look at your contract before you do so. Bar complaints are very, very serious for a lawyer, and he would actually have to go to a hearing and other stuff like that if you were to do so, please make sure that your complaint has a basis before you do so. Otherwise, you will be wasting your time and his.
There are a lot of crappy lawyers out there (I'm a law student -- all I have to do is look around to spot a potential one), but more than likely, as unfair as it might seem to you because $1000 is a lot of money, it was a completely normal situation given the context.
2006-12-12 14:40:11 · answer #2 · answered by Jamir 4 · 1⤊ 0⤋
Ask for an itemized bill.
If he takes a retainer he is obligated to tell you how your money was spent.
If you are still not satisfied, contact your state's bar association and file a complaint.
Edit: The usual retainer is around $3,000, so you got a bargain. A few phone calls, the filing fees, and the time spent in writing the complaint will eat up $1,000 really fast.
2006-12-12 14:28:58 · answer #3 · answered by Anonymous · 2⤊ 0⤋
If you read the contract you signed with the lawyer it should say what you owe him and for what. If the initial fee is 1000 no matter what, he does not have to pay you anything. Its not that HE didnt do what you hired him for , you changed your mind. Most lawyers charge about 150 to 200 dollars an hour. He probably can prove five billable hours for the work he did.
2006-12-12 14:29:53 · answer #4 · answered by fancyname 6 · 2⤊ 0⤋
Contact your State's bar association and ask about filing a fee dispute. In my State, the matter is then handed over to a mediator who will settle the dispute. The lawyer will have to provide an itemized billing for the work he did and you should get some money back.
2006-12-12 14:31:33 · answer #5 · answered by gigi_victory 3 · 1⤊ 1⤋
If it was YOUR choice to back out of the divorce, than the attorney is entitled to keep the money. He was fulfilling his end of the contract. If he backed out on his services (quit), then you should recieve a refund for the portion of work not done.
2006-12-12 14:30:12 · answer #6 · answered by missyhardt 4 · 2⤊ 0⤋
YOU WASTED THE MANS TIME AND YOU HAD TO PAY FOR IT. 1K IS A SMALL PRICE FOR AN ATTORNEY TO DO YOUR PAPER WORK. BE GLAD THAT YOU RECONCILED AND ALL IT COST YOU WAS A GRAND.
2006-12-12 14:28:36 · answer #7 · answered by strike_eagle29 6 · 1⤊ 0⤋
Not sure but you could go to legalzoom.com and ask them. I hear its a great place to get legal advice
2006-12-12 14:28:35 · answer #8 · answered by Whit 3 · 0⤊ 0⤋