She wanted to do a divorce case with me and left me a deposit of $600. She didn't give me all the information to properly start the case and said she was going to be back. She never came back and now in 2007 she keeps calling the office asking for her money back.
I am trying to figure it if the law permits me to stay with the money since she's claiming money back from that long ago after the services weren't completed. I don't want to give her the money back since it's her fault she never even contacted me about the money throughout so many years.
2007-03-01 13:21:10 · 7 answers · asked by zebo007 3 in Politics & Government ➔ Law & Ethics
Zebo007, you do not sound like an attorney. And if you are one, then you must have barely squeaked by on the bar exam.
If the money you collected from the lady was indeed a "deposit", then you are obligated to return it since you did not perform any service. In this case, both legally and ethically, you are required to return the money.
If the money was a retainer, then there is the possibility that, by law, you could get away with keeping it. However, this is highly unethical and will do nothing to improve your reputation.
Sometimes the law permits things that still should not be insisted upon if one wishes to build their character. And regardless of how long a time has passed, the right thing to do is honour the lady's wishes. It will benefit you in the end, as an honest attorney definitely receives more (and better) cases, and clients are more inclined to totally confide in an attorney if they know he's honest.
2007-03-01 14:14:47 · answer #1 · answered by Wyoming Rider 6 · 0⤊ 0⤋
I was in a similar situation several years ago. I gave an attorney money pertaining to a divorce. Only had a consultation, nothing more. Then decided to stay with my husband. About six months later I called to request the money back and the attorney told me it was his because it was considered a 'retainer fee." I though it was pretty crappy, but had no recourse. Never did get my money back.
2007-03-01 21:46:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Give her her money back you shyster. You didnt provide a service so she is entitled to her money. You were a custodian for the money...not the owner...and are not due for payment until you provide her with a service which you did not. Be thankful she is not asking for interest...you have no idea why she didnt contact you. Have you no morals at all?
2007-03-01 21:31:10 · answer #3 · answered by dragonrider707 6 · 2⤊ 0⤋
Regardless of how long it's been, if you know all about her and her money (haven't forgotten), then why would want or feel entitled to keep her money. Morally and ethically, you should give it back. You know that you haven't earned it.
BTW, you can't be a lawyer, as some have insinuated, otherwise you'd know the law. (and how to speak better)
2007-03-01 21:32:24 · answer #4 · answered by normobrian 6 · 2⤊ 0⤋
You are stupid, or NOT an attorney, as this money, you should have deposited into a trust account, required by law in most states, and not commingled with your business funds until such time the money is earned. If it is not, then it is unclaimed property that gets remitted to your states department of revenue. Please provide me with your full name, state you live in and license so I can turn you into your state bar association.
2007-03-01 21:30:58 · answer #5 · answered by free_mumia_or_else 5 · 3⤊ 0⤋
that's lame. yes, it's been years. but you did not provide the service. keep the interest you made in thebank off $600 (it is in the bank right?) charge a service fee for 2001 and give her some $ back
no wonder we say laywers are ripoffs
2007-03-01 21:31:49 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Let me see, you didn't do anything for her, and she wants her money back (without interest I assume). Give it to her, why do you think we all dislike the legal profession so much!!
2007-03-01 21:30:52 · answer #7 · answered by Nelson_DeVon 7 · 2⤊ 0⤋