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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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Paid $4,200 for handling of sons divorce and custody case.

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Paid $4,200 for handling of sons divorce and custody case. Ask for all up front and Son reconciled five days later. Notified Attorney. No Contracts or filings were done. Just a couple of Secretarial Hours. Has been almost 30 days and we haved contacted firm for refund of unused amount approx. $4,000.00. They will not respond nor credit the card used to pay. I have contacted credit card company. Is there any other recourse?

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

I am so sorry to hear about this situation. But you are in luck because what the attorneys are doing is against the rules of ethics for attorneys who receive advanced fees. Under the American Bar Association's Model Rule 1.16(7)(d), "Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law."

All this means is that if the representation has been terminated, then the fee that they have not earned must be returned. You should immediately send them a letter citing this provision and ask for payment back within five (5) business days. If you do not hear from them, you should contact the State Bar Association to advise them that someone has been keeping your fees unlawfully.

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Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?

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