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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 27221
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my lawer payed me money out of his trust account, then told

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my lawer payed me money out of his trust account, then told me he overpaid me because he forgot to bill me for a payment that is over 2 yrs. old
Submitted: 3 years ago.
Category: Legal
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney from Tennessee.

 

The statute of limitations for the lawyer to recover the overpayment is 6 years, so he/she is well within the time frame to seek a return of this money.

 

If the money was paid in error and the lawyer can prove this, he/she is entitled to have the money returned under the legal concept of unjust enrichment. Unjust enrichment essentially means that someone cannot keep something that legally does not belong to him/her.

Customer: replied 3 years ago.
I asked him numerous times if the money in the account was correct. I was told that it was. I & my ex made decisions based on the money we received. Now we are out monies ourselfs.
Expert:  Roger replied 3 years ago.
I understand that you've done nothing wrong in this, but if you refuse to repay money that was tendered to you in error, the lawyer has a legal right to recover the money.
Customer: replied 3 years ago.
I even have in writing that my bill was paid & that they did research & told us we had the money. If that is the case he should reimburse the fund himself. This has been going on for months with myself & my ex taking money out. Each time we were told that the amount in the fund was correct.
Expert:  Roger replied 3 years ago.
I understand your position, and you can refuse to pay, but if this ends up in court, the law is not on your side.
Customer: replied 3 years ago.
the amount is five hundred, I think what a fair settlement would be is for the lawer to give us five hundred dollars worth of his time in exchange. Because of his mistakes it cost us money, not just in this but in the case itself. So if he does not accept can we get him on malpractice in small claims court.
Expert:  Roger replied 3 years ago.

You can threaten the lawyer with a malpractice suit, and that will possibly make him walk away.

 

Bear in mind that you'll need proof of malpractice; proof that the lawyer committed professional misconduct. It's not enough to claim that he didn't get you as much as you wanted out of the deal. You have to show that there was actual failure of his duty to represent you.

Customer: replied 3 years ago.
Kirk, doesn't the lawer bear any responsibility for the mistake in accounting. How many times are we supposed to ask for a balance until he gets it right. We made finaancial decisions based on his accounting. I don't understand how I can be liable based on his wrong information.
Expert:  Roger replied 3 years ago.

Sure, it's up to the lawyer, but mistakes are made and if you're paid more than you're due - in this or in any other situation - you have to pay it back.

 

Looking at it the other way, had you accepted less than you were entitled to and you later found out that the lawyer didn't pay you enough, you would be entitled to the money.

Customer: replied 3 years ago.
Kirk, not to beat a dead horse but how many times is a lawer entitled to give the wrong answer. He was asked numerous times if the amount in the trust fund was correct & we were told it was. I don't see how we can be responsible. One time maybe, but the question was asked numerous times.
Expert:  Roger replied 3 years ago.

The lawyer has 6 years to get it right - that's when the statue of limitations runs on the claim.

 

You can certainly claim that the attorney had several chances to verify the numbers, but since the statute of limitations hasn't run, I don't think you can expect that to hold up in court.

Customer: replied 3 years ago.

I would not have used the money if I knew it wasn't mine to use. Do I get any consideration for that/

Expert:  Roger replied 3 years ago.
You'll be given adequate time to repay the money since this mistake was no fault of your own.
Expert:  Roger replied 3 years ago.
You'll be given adequate time to repay the money since this mistake was no fault of your own.
Customer: replied 3 years ago.

what is adequate?

 

Customer: replied 3 years ago.
what amount of time is adequate?
Expert:  Roger replied 3 years ago.
That's based on your income and what you can afford.
Roger, Attorney
Category: Legal
Satisfied Customers: 27221
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
Litigation Attorney
5878 Satisfied Customers
BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters