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attorney kept retainer my father and i paid him even though my father died.

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charliestxgirl

Junior Member
we hired him mid oct for a felony possesion of marijuana charge and not 3 weeks later charges still pending not indicted yet my father dies?? i paid the atty 9,000 cash,in the employment agreement he states that his usuall fee is 6,500 but the extra was for travel and distance. we used him b4 for my fathers divorce so i knew he would do a good job but what the hell?? iv asked him to return some funds to me but he has refused could this be right?
 

JETX

Senior Member
we hired him
What does THAT mean??
Who is we??
Who signed the attorney client agreement??
Who paid the retainer??

iv asked him to return some funds to me but he has refused could this be right?
Could it?? Yes.
Is it?? Depends. If the 'client' was your father, then HIS retainer is not 'owned' or owed to you, but is owed to his estate. The estate would have to make a formal request for any unused funds.
 

charliestxgirl

Junior Member
I hired the attorney ,I singed the employment agreement for my father via the poa the employment agreement is in my fathers name so is the reciept for the 9,000 he did do some work on the case but considering charges were still pending he did not do 9,000 worth of work
 

JETX

Senior Member
I hired the attorney ,I singed the employment agreement for my father via the poa the employment agreement is in my fathers name so is the reciept for the 9,000 he did do some work on the case but considering charges were still pending he did not do 9,000 worth of work
So, with that... YOU have no claim on the retainer UNLESS you are the valid personal representative of the estate (as set by the probate court).
File for status and make a formal (written) request for any unused funds.... IF refundable (read the agreement).
 

JETX

Senior Member
I recommend you contact the State Bar of Texas to take advantage of its fee dispute procedure.
As noted in my previous post, the OP has NO right as the attorney-client agreement is in the name of the deceased.
 
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las365

Senior Member
At some point, if the fee dispute isn't resolved between the attorney and the OP or the Estate, the best and least expensive remedy to pursue is through the State Bar.
 
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Ohiogal

Queen Bee
At some point, if the fee dispute isn't resolved between the attorney and the OP or the Estate, the best and least expensive remedy to pursue is through the State Bar.
The OP can do nothing. Only the respresentative of the Estate can do anything and we do not know who that is. We also don't know how much work was done or anything of that nature. And calling names will get you nowhere except sitting on the sidelines for a bit. That goes for everyone.
 
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las365

Senior Member
Of course whatever action is taken has to be taken by the proper party, but I think it is important that the OP be aware of the fee dispute process with the Bar. If he or she isn't the right party to pursue it, then at least the info can be passed along.
 
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JETX

Senior Member
Of course whatever action is taken has to be taken by the proper party, but I think it is important that the OP be aware of the fee dispute process with the Bar. If he or she isn't the right party to pursue it, then at least the info can be passed along.
If you have to even ask "if he she isn't the right party", then you are admitting that you have NO legal knowledge or education.... and your posts are a danger to those who you try to offer 'advice' to.
Sounds like a pretty good admission that your posts are simply 'idiot savant' guesses.... and without any basis in law or fact. Right??
 

Dandy Don

Senior Member
charliestxgirl, it is too soon for you to be even thinking about filing a complaint OR asking for a refund. The lawyer still has to perform services to represent you and that is why the retainer is paid so that he can deduct his fees from that retainer fund and when he has finished representing you, you need to request an itemized invoice/billing statement from him where he will show his billable hours and a description of the exact services he performed to earn his fee.

Please eat some humble pie and apologize to him by saying you did not understand the complete process, so that he will want to continue representing you until this legal matter is over.
 

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