QUESTION
Can an attorney keep a deposit if no work was ever done?
Asked on Mar 27th, 2017 on Bankruptcy - Michigan
More details to this question:
I saw an attorney for a free consultation regarding filing bankruptcy. He quoted me $2500.00 and explained that he could do no work until that amount was paid in full. I gave him a $1200.00 deposit and he said I could take as long as I needed to get the rest to him but nothing will get started until he is paid in full. About a year later, I realized that I could not get the additional money, and have made several phone calls to his office, and 3 or 4 e-mails directly to the attorney explaining m situation and requesting my deposit back. I have not even received the courtesy of a return call or e-mail. Since he did absolutely nothing to earn this money (it was never stated that it was a retainer), shouldn't I be entitled to my money back? The initial meeting was a free consultation. I have been requesting my refund for 2 years now.
4 ANSWERS
Have you put any of your requests in writing or asked for an accounting of any work performed? In many instances, you do not understand that having paid an attorney means that the attorney must set up a file for you and field calls from your creditors, all of which is WORK.
Answered on Jun 21st, 2017 at 1:11 PM
Bankruptcy Attorney serving Cleveland, OH
at
Benson Law Firm
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Fee disputes can be resolved with the help of your local bar association.
Answered on Jun 21st, 2017 at 1:10 PM
Bankruptcy Attorney serving Alpena, MI
at
Carl C. Silver Attorney at Law
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No, Report him or her to your State Bar Association.
Answered on Jun 21st, 2017 at 10:17 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The time has come to make a complaint with the Disciplinary Board for attorneys. In Wisconsin, it is called Office of Lawyer Regulation, and is an arm of the state's Supreme Court. They even take complaints over the phone. While they cannot extract the money from the lawyer, some lawyers know that the best way to avoid professional discipline is to pay back the money quickly.
Answered on Jun 21st, 2017 at 10:17 AM