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John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 202
Experience:  14 Years Experience in Bankruptcy - Mid-South Super Lawyer
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My husband and I hired a lawyer to file bankruptcy. We had

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My husband and I hired a lawyer to file bankruptcy. We had some changes and told the lawyer we changed our minds .He will not give us our money back can he do this? Really he has done nothing so why does he get to keep our money?
Did you sign a fee agreement with the attorney? If so, you should refer to the fee agreement to see if it has a refund provision. Many bankruptcy attorneys will set forth in their fee agreements what their refund policy is. Oftentimes, it will include a provision that some portion of a down payment will be non-refundable due to the initial work setting up the file, even if the case has not been filed. Also, did you pay in full up front or did you pay a smaller down payment? I would tend to agree that you should be due some sort of refund if you paid the full fees in advance and changed your minds pre-filing. In many cases, however, someone has only paid $300-500 before changing their minds and in such cases, the fee agreement might entitle the attorney to keep the down payment. As a practical matter, I tend to give full refunds of even down payments in spite of the fact that my fee agreement provides otherwise, if I have not really done any significant work on the case.
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