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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23419
Experience:  9+ years defending Misdemeanor and Felony cases.
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Can I get money back from a lawyer. He swore to me we where

Customer Question

Can I get money back from a lawyer. He swore to me we where going to trial and he wanted 5000.00. We only went to palimenary. (which he was late for and my husbands lawyer told me before he arrived what the investagators plea was. Then we had sentancing. I called 2 days prior he never called back. Then I had to fill out paper and my lawyer never explained them to the papers it asks if lawyer explained them and the judge asked. He assumed we were not going to be sentanced that day..and i wanted to. He was in no way ready he sat there asking me questions about me he didnt even know my age or remember i was in college, that i had kids etc..
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
I'm sorry to hear about your situation. You need to read the retainer agreement, you had with the attorney. This will outline if you are entitled to any type of refund. If the attorney charged you a trial fee and the case did not go to trial, you should be entitled to some of that fee back. The lawyer possible spent many hours preparing for trial and that could have been included in the trial fee and should be deducted. As far as going over things with you and answering questions, that is not something that would likely entitled you to a refund. Speak the attorney about receiving a portion of the $5000 trial fee back.
Customer: replied 7 years ago.
In my paper work it just says 5000.00 to see it to the end. NOthing itemized. And he was not ready to go to trial. He only seen me once. He was not even prepared to go to sentancing. At Peliminery my plea was possesion. I have never been in trouble so, I knew I would get probation. SO I'm sure he didnt have to prepared for trial for a possesion charge, A misdameaner. I did go to his office and asked him since we didnt go to trial can I get a refund. He offered 1000.00 and i agreed he said his secratary would send me a check, two days later I get a letter saying he carefully thought about it and he isunwilling to give money back. He gave his word apparently I should have got it in writing. Can I take him to court. SHould I have him itemize and justify how he earned 5000.00
Expert:  CrimDefense replied 7 years ago.
Criminal defense attorneys normally charge a flat fee for representation. Any promises you received from him, should have been in writing. If he refuses to give you the $1000 back as promised, explain to him you will go to the PA Bar Association and ask them to help you resolve this issue. If you did not hire him on an hourly basis, he likely will not give you an itemized list, of time it took to perform the work. While the fee might have been high, it was in anticipation, of going to trial.
Customer: replied 7 years ago.
I'm not so sure you know what your talking about. You dont go to the pa bar association, they dont take complaints or help you. You have to go to the The Disciplinary Board Of the SUpreme court of pennsylvania?? You dont know this??
Expert:  CrimDefense replied 7 years ago.
I do know this. They would have directed you to the Disciplinary Board if they were not able to step in. The last thing a lawyer wants is to face discipline by the board. As I stated above, speak with the attorney and tell him you are going to hold him to his promise of returning the $1000. If not, you will file a complaint and have him and his practice investigated.

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