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What was the amount of the retainer that you gave her?
Has she billed you for the services? If so, how much?
I am having a problem collecting money which I deposited to a lawyer for a case.
I did not sign the retainer that she sent me because I think she wanted too much money, also I did not send her a retainer.
Please clarify as the statements above appear to conflict with each other.
I deposited $2000.00 to a lawyer for a immigration case, I sent her $2000.00 before she sent me a written retainer, outlining the amount of money that it would cost for her services, which amounted to $8000.00. In the body of the retainer it states that if I no longer need her service what ever she have done prior, there will be a $350.00 per hour charge on all services provided. As of today she only prepared two documents which had numerous errors in them. I hope this clarifies the statement above.
What you will have to do is break this down in to 2 parts. The first part is the money that is to be refunded to you, even assuming that she billed you for the two documents. So, lets say that she spent two hours and ran up a bill of $700. It is clear that she would owe you at least $1300 back. So, your first goal is to get this information from her in writing. Then you can address the $700 and dispute that as well.
I would suggest that you send her a letter by certified mail and ask her to provide you a detailed accounting of the services she rendered and ask her to refund any unused deposit portion right away. Also inform her in the letter that you reserve the right to challenge any fees she purportedly claims to be "earned" on the grounds that you never signed the retainer to authorize the work and on the grounds that the documents contain material errors (if they in fact do). Also tell her that you expect a response in writing on or before XYZ date. Finally, tell her that if for some reason she does respond to your request, you will have no alternative but to report her to the State Bar.
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