Can I get a refund from my retaining fees?

[ylee]

What is the name of your state? Minnesota

Hello, a month and a half ago, I retained a lawyer to help me with my divorce. Before I retain him, I explained to him that I am moving to a different state in 2 months and would like to get things resolved before I move. He told me that if I retained him, the paper work will be served in 6 days. My divorce is in the simplest form (nothing to divide, no kids, etc).

It’s has been a month and a half and I am moving in less than 2 weeks. In the first month period, I thought I gave him some space and only called couples times to see if my paper works are ready. This past two weeks, I have been calling a lot more because I am really concerned that I will be moving soon. He calls me back once to tell me that he have two questions that he will call me back the next day. Of course, he never calls back.

With less than two weeks left, I am all stress out and I am ready to hire a different lawyer but I didn’t want to lose the money that I have already paid. I was thinking of demanding my money back and I will probably have to call my credit card company to dispute the amount that I have paid.

My question is if I didn’t get the service that I was quoted, do I have the right to get my money back? If he sues me, do I have any grounds in court since I have already signed the retainer’s agreement? Thanks in advance.

ylee

[maidao2001]

If he told you that the paperwork would be served in 6 days, and it wasn't, he did not fulfill his part of your agreement and deliver the services you paid for.

First of all, from now on make sure all your communication is in writing, or go in and talk to him with someone else there, on your behalf as a witness.

What would I do? I would ask him for retainer in writing, send it registered mail, reminding him of the 6 day promise he made which he didn't deliver on - you have to make a reasonable effort to resolve this before your credit card company will be willing to dispute a charge anyway. Tell him in the letter if you don't receive a response from him by such and such a date, you will assume he is abandoning your contract. If you still don't get a response, then go ahead and cancel the credit card payment. He can't sue you for non-payment of services you never received and as long as you have evidence you tried to contact him and he never responded, he can't perform the services after the fact and try to sue you then.

I'm sorry for your trouble and hope it all works out for you - it's too ironic how often having to deal with a lawyer causes more stress, rather than relieve it which is what it should do. By now you probably could have just filed for divorce yourself.

[Hot Topic]

It's doubtful that you're going to get away with not paying him anything. He did, after all, perform some work on your case and should have some documentation to prove it.

You should have gotten something in writing about the six day guarantee. It's his word against yours now.

Trying to rush the paperwork on such an important matter because you were moving was incredibly foolish.

[ylee]

Thank you guys for replying.

I did have a retainer in writing but it doesn't specify the 6 days that he quoted me. But I do have an email from him that he said the paperwork will be serve in 6 days. I will send him a registered mail and hopefully I can get this resolve soon. I appreciate the advice.