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I paid an attorney in Ohio a "fixed fee" in anticipation of a possible criminal case involving my employer. My employer sent police detectives to my office threatening to press charges on a purchasing card fraud case that was developing in my department in Sept 2005. Fearing my employee was pressuring me with false charges, I contacted a local attorneys office and put $3750 down as a fixed fee. $250 went to a lie detector test (that I passed) and the rest was put into an account for my defense of the charges. Three years after no charges were filed and I went to the law office for advice and a return of my fees. I was advised that I should wait 7 years for the statute of limitations to expire and then I could collect my fee because the case would be dead. I waited over seven years (2012) and charges were not filed and no case was created. Just a day ago the law firm said that they would have to investigate this account and that the hourly charges of the investigation would eat the fees I paid up?? That does not sound right because during the 7 year period the law firm did not advise me about any expenses that occurred and the agreement was a fixed fee for representation if charges were filed. Am I entitled to a refund of my fees on deposit with this law firm? If there was no case, what expenses could have incurred to deplete the fee. It seems to me that I can't get a straight answer any more from this team of lawyers
Yes I did
I have just emailed a copy.
Yes... when I signed the agreement is when Mr. Rion struck out that section.
In 2008 I met with one of the associate attorneys, Mathew Barbato, and he was the one that recommended me to wait 7 years to be sure no charges could be filed and then I could get a refund.
Again there was no case, no charges, no representation from his law firm.
This is a well know law firm in my city and I thought that they were up front. My meeting with a Keven Lennen on May 1, 20013 was the start of what I think was them trying to cloud the issue of the fee refund. He said that the funds were still available but that his firms hourly charges would eat up the moneys held in their account and wouldn't detail what work was still needed to be done.
It is impossible for me to determine whether this was done by the attorney or with the attorney's agreement as there is no initial by the cross-out and the attorney does not seemed to have signed the agreement.
The attorney did sign the agreement as well. The signature is not too legable but it is signed at the bottom after the word "By:"