QUESTION

Can I sue my attorney for paying $2,000 upfront but nothing is done on my case for almost a year?

Asked on Sep 25th, 2012 on Personal Injury - Michigan
More details to this question:
He wanted $2,000 upfront. He never has called me. He is always out of town. The only person I have in contact is his paralegal assistant. I don't want to deal with him anymore. I just want my money in return. I don't know if I can sue him for that.
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14 ANSWERS

Write him a letter stating that you want your money back because he hasn't done anything in a year and won't return your phone calls. Tell him you will report him to the State Bar Association if he doesn't return your money.
Answered on Oct 02nd, 2012 at 9:44 PM

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YES. File a complaint with the state bar association. Just give them all your details. Good luck.
Answered on Oct 01st, 2012 at 1:58 AM

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The simpler solution is to fire your attorney and demand return of your deposit. You can only sue if the delay has somehow prejudiced your rights.
Answered on Sep 27th, 2012 at 3:50 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Send a letter that you want a full refund within 10 days or you will file an ethical complaint.
Answered on Sep 27th, 2012 at 3:48 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Before you sue the attorney, request a refund. If the attorney has done some work on the case, he may not refund the entire fee. He may explain what he has done and you may decide to let him continue. If you and the attorney cannot agree on an amount of earned fee and refund, there is a procedure through the state bar to resolve fee disputes between attorneys and clients.
Answered on Sep 27th, 2012 at 3:48 PM

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Thomas Edward Gates
You can demand your money back and, if he refuses, contact the Bar Association and file a complaint. This step nearly always gets your money back, rather than having to sue and spending more money.
Answered on Sep 27th, 2012 at 3:47 PM

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Ronald A. Steinberg
Go to the Attorney Grievance Commission. Fill out the complaint, and they will take care of it for you. Then get a good lawyer to do the job that you hired the idiot to do.
Answered on Sep 27th, 2012 at 3:47 PM

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Depending on the agreement and the work schedule you can demand return of the unused portion of the retainer.
Answered on Sep 27th, 2012 at 11:17 AM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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First, you are free to discharge your attorney for any reason you want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case. Judges in civil and workers' compensation cases routinely grant this request. Second, you can sue your attorney for at least a portion of the $2,000.00 you paid up front if it is not paid to you upon your discharging the attorney and requesting the money back. The reason I indicate that it may only be for a "portion" of the $2,000.00 depends, in part, what the retainer agreement (the contract you signed when you hired the attorney) you signed, if any, says about you discharging the attorney and what monies, if any, he or she is entitled to from the $2,000.00. The general rule, and what is common in many retainer agreements, is that if the attorney is discharged, the attorney is entitled to money for the time spent on working on your case along with any costs and expenses he or she has. The value of the attorney's time, plus that of his or her staff, should be set forth in the retainer agreement. If it is not, then the attorney would be entitled to a "reasonable fee," which is based on a number of factors. If you disagree with what the attorney claims for his or her time, costs or expenses, there is a procedure to mediate the dispute or you could sue. As to your actual question, "Can I sue my attorney for paying $2,000 upfront but nothing is done on my case for almost a year?" I cannot answer without knowing what the retainer agreement, assuming there is one, says and the fees, costs and expenses, if any, claimed by the attorney. You should likely, although it depends on the total amount of fees, costs and expenses, be entitled to at least a portion of the $2,000.00. If the attorney has not done much, then the fee amount should be relatively low. If the attorney does not pay you what you are legally entitled to, then you can sue for all or a portion of the $2,000.00. I would first suggest reviewing the retainer agreement to determine what it says about a refund of the money you have paid. In addition, before suing your attorney you might want to tell the attorney you are dissatisfied with his or her services, that you are going to discharge him or her, and ask that the $2,000.00 be returned to you. At that point, the attorney will likely indicate whether he or she is claiming all or a part of the $2,000.00 and should provide an accounting of how the $2,000.00 was spent. You can then decide whether the amount claimed is fair or if you think you should be entitled to more of your $2,000.00 back. You can negotiate with the attorney to see if you can reach an agreement. If you cannot, you could either take advantage of Nebraska's fee dispute program or sue. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the
Answered on Sep 27th, 2012 at 11:16 AM

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Personal Injury Attorney serving Boston, MA
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Attorneys often take money from their clients up front and put them into a client trust fund account. It does not mean that the money has been spent on his or her legal services. As he or she does work on your file, the amount charged is deducted from that money in escrow. I would just contact the office and ask them for the money and see what happens.
Answered on Sep 27th, 2012 at 11:15 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Much more information is needed.You would need to refer to the terms of the retainer.You state that "nothing was done". Many times, plenty is done that the client does not know about. I tell my clients "you live your life, I will take care of your legal problems". Send him a certified letter. Tell him you want your file, an accounting of what has been done and what was billed, and a refund. If he does not respond within 20 days, refer him to your local grievance committee.
Answered on Sep 27th, 2012 at 11:14 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would demand your money back first. Engage another attorney, determine what was done on the case a follow the second attorneys advice.
Answered on Sep 27th, 2012 at 11:13 AM

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Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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You can terminate his services, request a copy of your file, an accounting of services rendered, and a refund.
Answered on Sep 27th, 2012 at 11:12 AM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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it all depends on what your fee agreement says. You should have a written agreement it says whether or not the retainers refundable.
Answered on Sep 27th, 2012 at 11:12 AM

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