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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27198
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Our son received papers from s wife asking divorce. He

Customer Question

Our son received papers from his wife asking for a divorce. He didn't have the funds for an attorney so we asked a friend (an attorney) for a referral. We met with the lawyer and based on his opinions (at issue was the marital home which belonged exclusively to our son) agreed to hire him. He asked for a $7500. fee which we agreed to. He also put a bunch of papers in front of us and told us to sign them. We did. On or about April 15th of this year we got a statement showing roughly $2500. of the fee had been "used". On April 25th our son died. We do not at this point know why. An autopsy was performed (he was 40 years old and in good health) and were told it would be 4 to 6 months before we got the results.. Our daughter in law whom we have a good relationship with is now a single mom and without our sons assistance (Child support etc.) will be in a very difficult position. Our love for our granddaughter and our daughter in law is such that we are more than willing to help her financially. I called and wrote (many times) to the lawyer asking for a "refund". He finally answered and refused our request. He cited a legal case which according to him gave him the right to keep the $5000. that hadn't been used. I have no way to confirm "the case" which may be correct and legal in giving him the unearned funds but it sure as the dickens isn't right. He claims that in those papers he put in front of us which we did sign (In a hurry as he was very busy). My husband is 81 I am 74 so $5000 is not a small amount of money to us so here's the question. Are we wasting our time? We are so devastated by the loss of our son we sure don't need any more stress in our lives. Right now we are just doing our best to care for our granddaughter and her mother (emotionally and financially) so are we are just wasting our time and is there no hope in recovering at least some of the money we paid him. Thank you... Janet Marcus. ***@******.***. (###) ###-####
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. I am sorry about your loss. You do first want to review the retainer agreement which you signed and see if the money was earned on deposit and he does not need to refund it. It is clear that he can no longer work on the case and if he sent you a statement showing what was used/billed to date, it may contract the money being earned on deposit. However, you do have a right to get an opinion and have the Bar Association look into this and investigate, to see if there is any wrong doing. You can file a complaint against this attorney and I have provided the link below. They can then review everything and if the attorney needs to refund the money, it will be done or else he can be subject to discipline.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if there is anything else I can answer or clarify. I am here to help so please let me know

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