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Scammed by a lawyer who refuses to refund balance of unused retainer?

  
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Scammed by a lawyer who refuses to refund balance of unused retainer?

Postby caomh » Mon Dec 19, 2011 9:42 am

Gave a sizable CASH retainer to a lawyer #1 who seemed like a stand-up guy, who never gave me a receipt for the money. He drew up and filed 1 paper, claims to have filed 2 papers and appeared in court once, but have no record of any of that. His services were terminated 2 weeks later and another attorney was retained. Lawyer one, using up only a small fraction of retainer fee, has yet to refund the balance of the retainer fee, saying he's behind on his billing. Months have gone by and still no refund.

What recourse do I have to collect unused portion of retainer?
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Scammed by a lawyer who refuses to refund balance of unused retainer?

Postby achban » Mon Dec 19, 2011 9:46 am

Contact your local (usually county) bar association. Ask them the procedures for filing a "grievance".
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Scammed by a lawyer who refuses to refund balance of unused retainer?

Postby chepito » Mon Dec 19, 2011 9:47 am

You maybe screwed. You payed cash. You never got a receipt. You never got an itemized list of any charges against your retainer. It is your word against his that you gave him any money at all. Of course, according to him, he didn't receive any money from you. And if he did, it was payment for services already rendered.
You may try to sue him. But if you do, the burden of proof is yours.

Good luck
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Scammed by a lawyer who refuses to refund balance of unused retainer?

Postby drystan » Mon Dec 19, 2011 9:59 am

Small claims court. You might have a problem since you paid cash, but if you have a copy of even one of the papers he did for you, you have proof you hired him if not at what amount. The court docket should be a matter of public record. If he did not appear, you've got a case.
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Scammed by a lawyer who refuses to refund balance of unused retainer?

Postby nickson » Mon Dec 19, 2011 10:06 am

Well when you make a deal with the devil! Contact and file a complaint with your state's bar association. You will probably find that there are already some complaints against him. Just wondering - Did anyone witness your transaction with the lawyer?
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