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RobertJDFL, Lawyer
Category: Consumer Protection Law
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if a lawyer has been paid prior to charges being filed, and

Resolved Question:

if a lawyer has been paid prior to charges being filed, and charges are never filed, is the client eligable to receive the balance paid back to him

Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  RobertJDFL replied 10 months ago.

Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

 

It honestly depends on the agreement you made with the attorney when you hired them (which hopefully was in writing). If this was a flat fee and the agreement was that the money was non-refundable, then you would not be entitled to a refund, though of course you could negotiate with the lawyer for at least a partial refund. It's possible the charges were dropped in part due to the efforts of your lawyer, I don't know, as you don't say. If the money you paid was a retainer and the lawyer was being paid by the hour, ask for an accounting of their time and a refund on any unused portion.

As for the charge(s) themselves, were they dismissed with or without prejudice, if you know? If they were dismissed with prejudice, then that means they cannot be re-filed at a later date. Also, it's not very common in a criminal case for a prosecutor to decline prosecution and then re-file.

If you would like any additional information or have more questions please don’t hesitate to ask!

Customer: replied 10 months ago.

i was arrested for dui ,3rd, on may 2. i have repeatedly called my lawyer to question what is going on, he told me that if he hears anything he will call me. it has been 4 months. and as far as i know no charges have been filed with the state of missouri. also i have checked casenet.gov and it shows no charges against me. so i know the lawyer has not been responsible for the charges being dropped. As far as the agreement, i need to get a copy from them to see what it says. but he has made no effort to tell me what is goin on. he just told me that if i receive a letter in the mail from the state to let him know. i have paid him $2500 out of $3500 per the agreement but he has not told me anything or attemped to contact me without my calling his office

Expert:  RobertJDFL replied 10 months ago.

Thank you for your reply. I appreciate your patience as I was assisting another customer.

The first thing I would do is review your agreement. If you don't have a copy of it, call his office. You don't need to speak to the lawyer directly for that, his secretary or receptionist should be able to mail it out to you.

It sounds like however, you believe the lawyer has done no work on the case. Rules of Professional Conduct require that a lawyer charge a reasonable fee for their services. While $3,500 is reasonable for a DUI charge, it is not reasonable (in my opinion) if the lawyer does nothing more on the case but file his appearance.

Should the matter be dismissed, I would first have a frank discussion with your lawyer about their fee and see if you can come to an agreement on the money. If that is not successful, the Missouri Bar Association does run a free fee dispute resolution program to assist clients who are having disputes with their lawyers over the fee paid.

You can read more about the program here.

RobertJDFL, Lawyer
Positive Feedback: 98 %
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RobertJDFL and 14 other Consumer Protection Law Specialists are ready to help you
Customer: replied 10 months ago.


thank you for your help, i feel better about my situation

Expert:  RobertJDFL replied 10 months ago.

You're very welcome. I hope it all works out for you.

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