Trying to pay off my debts; refund from attorney?

[Artica]

What is the name of your state? New York

Hello,

In May 2006 I consulted a bankruptcy lawyer about filing bankruptcy. I spent an hour going over my case with him, then another hour with an associate going over my situation with a credit counseling group on the phone. At this initial meeting, I gave my lawyer a check for $810 toward fees.

The summer wore on and my lawyer was very unresponsive to my phone calls asking about what I should be doing to move my case along. In the meantime, after much soul searching, I changed my mind and decided I would not file bankruptcy but would rather make a wholehearted attempt to pay my debts, which I have begun to do, though it is a struggle. I notified my lawyer's office of this decision by phone in early October 2006, when things were still dragging on.

Since then I have written my former lawyer two letters requesting that he refund me whatever unused portion remains from my initial $810 payment. He has not answered my letters and I assume he does not intend to refund my money, which, although not a great amount, would help a great deal in my effort to pay my debts. My questions are these:

1. Is my lawyer obligated to give me a refund?
2. If he is, what can I do about getting the refund, short of paying another attorney to try to get it out of him, which would pretty much eat up whatever refund there would be?

Thank you in advance for your help.

ArticaWhat is the name of your state?

[Ladynred]

1. Is my lawyer obligated to give me a refund?

That depends on what he intended the $810 to cover for your case. Clearly it wasn't for his FULL fee to follow thru to discharge.

2. If he is, what can I do about getting the refund, short of paying another attorney to try to get it out of him, which would pretty much eat up whatever refund there would be?

Stop calling and send a letter asking for an ITEMIZED statement of what he used of the $810 and demand that anything NOT used up be refunded. If he ignores you, file a complaint with the NYS Bar's Ethics board.

[Artica]

Ladynred, thank you for your reply. As I said, I have written him -- twice -- but I did not ask specifically for an itemized accounting. Thank you so much for your assistance, I'll take your advice and write him tomorrow, then will contact the bar ethics board if he continues to ignore me.

Best wishes
Artica