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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Hello, I was a client of a DC Lawyer who was supposed to

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I was a client of a DC Lawyer who was supposed to handle my immigration business. I paid him $3800 to file my paperwork in 2010. It was this year that I finally collected my paperwork and sent him my affidavit for review. After 4 weeks of trying to get a response from him and two of two excuses, I wrote to him saying I am concerned that he does not have the time to dedicate to my matter and represent me accordingly. He emailed me saying that I am right, and he is too busy and he will review the work that was done on my case and issue me a refund. 3 weeks, 2 unanswered emails and one unanswered voice mail later, he finally sent the check for $2200 and absolutely no explanation of charges. No work was ever done on my case beyond a consultation. Is this legal?
Dear JACUSTOMER - This is certainly unethical behavior on the part of the attorney. It's not "illegal" in any criminal sense but it violates the ethics of an attorney and you certainly have a reason to file a complaint with the Bar Association. I have included their website below for your convenience. A lawyer is supposed to act with diligence on behalf of his or her clients and is also required to produce a record or itemization of how fees are applied. I can't tell you exactly how much should have been refunded but if no work was ever done then my opinion would be that you should have a full refund. At the very least you should have been provided a detailed accounting of how or where your retainer that was not refunded was applied. In addition, the fact that phone calls were not returned is what is known as "neglect" and that is also a violation of ethics. Once you file a complaint there will be an investigation and it may result in an additional refund but I cannot make any promises from here as to the outcome of any legal situation or case. Here's the website:
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