QUESTION
What should I do if I was charged more than what we agreed upon and the attorney won’t return the excess payment?
Asked on Nov 30th, 2012 on Personal Injury - Pennsylvania
More details to this question:
Attorney met with me for 15 minutes to gather information and to write an offer to shortened lease term to present lessee. I paid a $400 retainer fee. Attorney sent certified letter to tenant with offer. Tenant did not respond or pick up certified letter. Attorney called me for two minutes and 31 seconds to relay update. I requested balance of retainer fee to be returned. Attorney said no balance remains. I requested a copy of itemized bill from secretary via phone. The secretary said request for itemized bill was denied by the attorney. Additional fee is required to obtain copy of itemized bill. I was quoted $200 fee to write/send letter.
10 ANSWERS
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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It's not clear whether the attorney charged you $200 for the consultation and $200 for the letter or maybe a flat $400 for both and so in his mind there is no refund coming to you. You should check whatever documents and notes you have to see whether this is the reason for the otherwise rather cold treatment. If you have a fee dispute with your attorney, you may ask the local bar association to give you fee arbitration, which the attorney will be required to submit to. There is a small filing fee, pegged to the amount of the claim, and you may but need not be represented by counsel. The association will assign an arbitrator (or three) to hear the case, and you will have a chance to prove that you are entitled to a refund. Of course, you don't want to destroy any documents that have anything to do with the case, as they might be what you need to prove you are right. Alternatively, you could sue the attorney in small claims to try to recover the money.
Answered on Dec 05th, 2012 at 3:49 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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I would make a further attempt to contact the attorney, reminding him of the $200 quote. You can threaten to go to the State Bar with a complaint. If he refuses to budge, file a complaint. On the flip side, it probably took the attorney an hour to draft the letter, possibly more, and additional time to follow up on the letter to determine if there was a response. At $300 per hour, he may well have earned the $400. You should also ask the attorney to send a copy of the letter to the tenant by regular first class mail. I always send a certified letter in tandem with a regular first class letter, then I know the letter will be received.
Answered on Dec 03rd, 2012 at 5:45 PM
1 Award
$400 for a demand letter is cheap. Move on.
Answered on Dec 03rd, 2012 at 12:59 PM
Dennis P. Mikko
The attorney should have had you sign a retainer agreement when you paid the retainer. If there is an agreement, the terms of the agreement will control what happens with the unused retainer. The attorney should not be charging you to provide an itemized bill. If the attorney will not cooperate, you could file a grievance with the attorney discipline board.
Answered on Dec 03rd, 2012 at 12:58 PM
Ronald A. Steinberg
Typically, the retainer is nonrefundable.
Answered on Dec 03rd, 2012 at 12:58 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You should have talked to the tenant yourself. What made you think an atty would make things better? If you had cause to evict, then get an atty, but even then, you still should talk to the tenant. Your time should be worth more than a $200 catfight with a skunk, although the $400 fee is not that unreasonable.
Answered on Dec 03rd, 2012 at 12:58 PM
Daniel P. Mitchell
You can contact the Florida Bar to complain about the attorney's conduct, or you could take the attorney to small claims court for breach of contract. In Florida, attorneys are not permitted to charge excessive fees, and they are encouraged to reduce their fee arrangements with the client to writing. You should always insist on getting a written fee agreement from an attorney at the outset, which would include the basis for the attorney's billing - i.e., in this case, an itemized bill.
Answered on Dec 03rd, 2012 at 12:58 PM
Intellectual Property Attorney serving Long Beach, NY
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Rosenbaum & Segall, P.C.
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From my experience, you were charged a very reasonable rate for a few hours work. In Pa, all attorney fee agreements must be in writing and should outline your rights and amount charged for work. However, if you feel you have a legitimate gripe, you should contact the local bar association for a referral to the fee dispute arbitration process.
Answered on Dec 03rd, 2012 at 12:57 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If the agreed-upon fee was $200, then why did you pay $400? Was this supposed to be flat-rate, or hourly? Contact the local grievance committee, they will look into it.
Answered on Dec 03rd, 2012 at 12:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't believe the attorney called you for 2 mins and 31 secs. If you had the presence of mind to record the call you were trying to set him up. You have no earthly idea what time he spent on your matter, you have no idea what he did in the office about your matter nor how much time or energy he used on your account. You are just trying to get your money back. If you think you have a legitimate grievance take it up with the bar fee committee or grievance committee in your county seat town.
Answered on Dec 03rd, 2012 at 12:57 PM