QUESTION
Can I get money back from an attorney if nothing has been done by them?
Asked on Oct 19th, 2013 on Immigration - New York
More details to this question:
I went to an immigration lawyer for consultation. Paid a fee for the consultation. And also paid an initial payment to begin the process of the lawyer helping me file paperwork for my wife. That very day my wife's father passed and we decided to help pay for all the arrangement for her father. The home we are currently in was owned by her father and will soon have to vacate. The lawyer we went to has not started to help us file any paperwork since we have not submitted any of the information necessary for her to start. We are in need of money at the moment due to the fact that we have to find another home, and have taken on some debt from the arrangements for her father. I have a meeting with the lawyer soon and she does not know our current situation yet. I know that the consultation fee is not something I can request back. But is it possible for me to request and receive my start up money back since nothing has been done?
5 ANSWERS
It really depends on what type of agreement you had with the attorney.
Answered on Oct 23rd, 2013 at 2:58 PM
Business/ Commercial Attorney serving Bellevue, WA
at
Lana Kurilova Rich PLLC
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You are entitled to get a refund of a deposit from your attorney if that attorney has not begun the process. You cannot get a refund of your consultation fee because that money was earned, but you should get the funds back that your lawyer has not yet earned - even if you signed a non-refundable flat fee agreement. If your lawyer has already started working on some documents for you, she will be entitled to be compensated for that time, but you should ask for a detailed invoice stating what was done and how much it cost. You pay for only the work that has been done. If your lawyer does not yet know you want her to stop everything, you should call her now and tell her that. Otherwise, she can proceed forward with your case until you tell her otherwise. So if you don't want her to work for you anymore, you should let her know as soon as possible.
Answered on Oct 22nd, 2013 at 7:15 AM
Read your fee arrangement. First, I don't charge for a consultation. I don't charge for anything unless I get a fee agreement and engagement letter signed. After the client becomes my client, I take a retainer. The retainer is like a refundable deposit that's deposited into an escrow account, not my firm's operating account. If I take a $1,000 retainer and do nothing, then I am obligated to return the money if the client decides to end the relationship.
Answered on Oct 21st, 2013 at 1:31 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
It is certainly possible for you to request this and depending on the terms of the Agreement I would think the lawyer would be reasonable with you. Don't be so sure "nothing" has been done on your case though as there is administrative time to set up your file and review the information from the consultation in preparation for giving you a list of what is needed to get your case on file. A compromise of paying for actual time spent may work for the attorney.
Answered on Oct 21st, 2013 at 12:45 PM
Talk to the attorney first, the unused portion of the retainer should be returned.
Answered on Oct 21st, 2013 at 12:40 PM