QUESTION
Can I request a refund from my family law attorney if the terms of the flat-fee contract have not been met?
Asked on Jul 15th, 2015 on Legal Malpractice - Washington
More details to this question:
30 days into a 2 month flat-fee agreement I terminated the contract and asked for a refund because my attorney changed his mind and decided not go to court on a contempt of parenting plan. After I requested a refund he sent me a letter with a bunch of way over inflated charges and wants me to pay even more money, almost double, than the original terms of the contract. The contract was $6000 for 2 months service of which I paid $4000 up front. He provided 1 month of service and has really only expended about 5 hours of his time and about 6 hours of his legal assistant. What are my options to dispute this? Is this even ethical?
1 ANSWER
Accidents Attorney serving Gig Harbor, WA
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Law Office of Charles J. Brocato
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The first question is did you have a fee agreement. And if so what does it say. An attorney is required to have a fee agreement in order to collect his/her fees. The Rules of Professional Conduct and Washington State Law allow a client the opportunity to have a Court review the reasonableness of the fees set forth in a fee agreement. If you haven't already, you should obtain a invoice from you attorney detailing his hourly charges.You might want to have another attorney review the attorneys charges and give you an opinion whether or not they are reasonable.
You also have the option of contacting the Bar Association about the matter.
Answered on Jul 16th, 2015 at 12:15 PM