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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33103
Experience:  16 yrs. of experience including criminal law.
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I paid a 2500 dollar retainer fee for a pending trial, i never

Resolved Question:

I paid a 2500 dollar retainer fee for a pending trial, i never went to trial, i plead guilty. Is my lawyer obligated to pay back my retainer?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 7 years ago.
Who negotiated your guilty plea? did your lawyer assist with this? How much time/effort did it take?
Customer: replied 7 years ago.
my lawyer negotiated my guilty plea after receieving the judge's response to a motion to supress based on improper line of questioning leading up to my arrest. it only took a few minutes. a sidebar discussion.
Expert:  P. Simmons replied 7 years ago.
Thanks

You will need to start by looking very closely at your retainer agreement. This is a contract and the terms will control.

Now, in most cases, the agreement will provide that the attorney will only be able to bill for work performed...but in some cases, particularly criminal cases, the contract can allow for a flat fee.

SO that is why you need to look at the contract you signed. At that point, if this was not a flat fee agreement, you can demand that the attorney return any unused retainer.






Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.
Customer: replied 7 years ago.
i did not sign a retainer agreement with my attorney
Expert:  P. Simmons replied 7 years ago.
Nothing? No agreement at all? What did he or she tell you they would do with the $2.5k??


Customer: replied 7 years ago.
he paid him 2000 and gave him 1500 bond assigntment for pretrial portion of felony dwi case. as we prepared for the pretrial hearing he told me he needed a deposit on the trial portion to move forward after the hearing in case the hearing did not go in my favor. i gave him 2500 cash and he wrote me a makeshift reciept on the back of on his business cards
Expert:  P. Simmons replied 7 years ago.
Thanks

You should draft a letter to him, demanding a refund of this money.

Send this certified mail

If he refuses to respond, I would next notify the state bar

http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml

And sue in small claims court for your money back

Sorry for the hassle





Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.


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