QUESTION

Is there a good and effective way to ask for a retainer that implies suspicion on their practice as one of the reasons we are firing them?

Asked on Apr 09th, 2013 on Foreclosures - California
More details to this question:
I hired a law firm to handle a loan modification. They referred us to a per diem paralegal who I come to find is involved with another law firm as stated on her Linkdn account and after finding a plethora of complaints against that particular law firm with regard to loan mod scams. I even found a summons officially filed in NYS as they were being sued for fraud and misrepresentation by 11 individuals on one summons. We met with her twice, no papers were filed to our loan servicer, nor any financials submitted to her for submission as our financials were not in good order at the time. She spoke in circles each time we met. No answers. Told us to stop paying our mortgage and to not speak to the bank. A flake all around. Should have walked away, yes. But we thought she was just the paralegal we would meet with initially and we never got to meet the attorney we had been there to see. I paid 1500.00 towards a 2500 retainer. I want at least 1000.00 returned as she will likely bill be for the two appointments we had. Is there a good and effective way to ask for a retainer that implies suspicion on their practice as one of the reasons we are firing them? It can't possibly be as simple as asking for my money back.
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4 ANSWERS

Just ask or a full refund due to the circumstances. If they won't cooperate, start a fee dispute with the Nevada State Bar.
Answered on Apr 24th, 2013 at 2:49 AM

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You are entitled to a refund of your entire payment. California law very strictly prohibits anyone, even lawyers, from charging advance fees for loan modification. (Civil Code section 2945.4). Sue both lawyers and the paralegal in Small Claims Court if they refuse to refund your money. Also report the attorneys to the State Bar.
Answered on Apr 09th, 2013 at 3:41 PM

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A modification company or law firm cannot accept an advance or up front payment.
Answered on Apr 09th, 2013 at 3:40 PM

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Environmental Law Attorney serving Auburn, CA
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There are a lot of scams out there. Best thing to do is call the state bar and file a complaint. David E. Frank
Answered on Apr 09th, 2013 at 3:39 PM

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