He wrote this:
"In criminal matters, I do not do itemized bills nor do I work at an hourly rate. All fees are flat quotes as was yours of $2,000.00. You paid me $1,000.00 and I researched and investigated the matter for you. I will accept the $1,000.00 as payment in full and will not refund any monies to you."
I wrote back:
"I will accept the $1,000.00 as payment in full"
No you won't. You're still my lawyer. The agreement was that you would get $1000 up front and $1000 when the case is resolved, even if it's years down the road. That is, unless you want me to report you to the Virginia State Bar.
Can he get out of this?
2007-08-03 08:10:48 · 4 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
So what you're saying is that he can take a retainer one day, quit the next day, and keep the money. I'm not buying it.
2007-08-03 08:18:20 · update #1
I have this e-mail that he sent me that clearly states that the fee was $2000, and I gave him $1000. Then when I asked for an itemized bill, he tried to quit.
2007-08-03 08:23:42 · update #2
I don't know what the Virgina Bar Rules are, but generally, lawyers cannot quit for just any reason. What reason is he giving for terminating the relationship?
Did he make an appearance in Court? If he has no reason for quitting, the Judge will not let him withdraw unless you consent. He can bill you for more work however, and withdraw if you don't pay.
Generally, retainer fees are non-refundable. No written contract is required, although he'd be smart to have one.
Honestly, if you only paid $1,000 and he did ANYTHING, you're not going to get your money back. File a complaint with the Bar if you think that's necessary, and request a detailed billing. It probably won't get you anywhere, but he'll spend more time dealing with it than $1,000 would pay.
2007-08-03 08:36:33 · answer #1 · answered by I 5 · 0⤊ 0⤋
If you have a recording or something written on paper, then this lawyer is bound by your original agreement, but if you don't , it is your word against his.If you have no substantial proof, I would let it drop and get a real lawyer instead of having further dealings with this shyster.The reason being, if you sue, you would have to put out good money after bad, because your chances of winning this case are NOT good at all.
2007-08-03 08:21:12 · answer #2 · answered by WC 7 · 1⤊ 0⤋
A lawyer can always withdraw from representation -- especially if the case is not yet pending before trial.
If there are no hearing scheduled any time soon, and if the lawyer was not ordered by the court to remain -- then yes, he can quit.
And trying to force a lawyer to work for you when the lawyer doesn't want to is like trying to force a doctor to perform surgery on you -- really a bad idea.
2007-08-03 08:15:30 · answer #3 · answered by coragryph 7 · 2⤊ 2⤋
What does your written agreement with him state? Any response would be second guessing without knowing that.
2007-08-03 08:14:27 · answer #4 · answered by davidmi711 7 · 0⤊ 0⤋