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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19646
Experience:  B.A.; M.B.A.; J.D.
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Can a bankruptcy attorney keep all the money he charged me,

Customer Question

Can a bankruptcy attorney keep all the money he charged me, including the court filing fees, even if I decided not to file the bankruptcy? He told me everything was non-refundable. This doesn't sound right to me.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.
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Can a bankruptcy attorney keep all the money he charged me, including the court filing fees, even if I decided not to file the bankruptcy? He told me everything was non-refundable. This doesn't sound right to me.



Response
: Absolutely NOT. There is no such thing as non-refundable Attorney's fees. If the Attorney did not earn all of his retainer, he must return the remainder to you. This means that Attorney must provide you with the itemization of services rendered and fee for those services and the remaining balance of your retainer. Any fees taken as filing fees MUST be returned to the Client if the case was not filed with the Court. If the Attorney refuses to return the Court fee or remainder of unearned portion of the retainer, you can file Complaint with the U.S. Trustee's Office for your Region. Attorney's fees in bankruptcy are heavily monitored by the Bankruptcy Court and the Trustee's Office.


http://www.justice.gov/ust/eo/ust_org/office_locator.htm#CALIFORNIA





You can also file Complaint with California Attorney Discipline:




http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx