QUESTION
Can I ask my attorney to return the payment?
Asked on Nov 19th, 2013 on Criminal Law - Alabama
More details to this question:
I was arrested for domestic violence, bonded out and 3 days before my first court date, I hired a lawyer. Flat fee $1500.00. I called the prosecutor the morning of my court date and they told me it was decided 10 days earlier not to file charges in my case. Does my lawyer keep his fee? I left him message today but no answer as of yet.
5 ANSWERS
John J. Carney
If your lawyer spent several hours working on your case he can keep the amount he earned. If you have a retainer agreement it will determine the hourly rate and terms of the contract.
Answered on Dec 03rd, 2013 at 10:35 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends on what the fee agreement says. Most have clauses that says retainers are non-refundable. However, he may be willing to return at least a portion of it once the situation is explain to him.
Answered on Nov 21st, 2013 at 5:09 PM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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No, the lawyer is not entitled to the $1,500 fee for representing you in the matter if he did not, in fact, represent you in the matter. However, he may be entitled to a portion of the fee based on the amount of work he did complete, if any. I would continue to try to contact him, and if he fails to respond within a reasonable time, then you may want to file a complaint with the Alabama State Bar.
Answered on Nov 21st, 2013 at 5:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes, but you can ask for a voluntary partial refund.
Answered on Nov 21st, 2013 at 5:09 PM
James Edward Smith
He should refund half unless you agreed to a nonrefundable retainer.
Answered on Nov 21st, 2013 at 5:09 PM