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How to request retainer fee refund

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broken_man

Junior Member
What is the name of your state (only U.S. law)? NY

I recently retained a lawyer who sent his partner to meet w/me. I was in a desparate situation, so I gave him a check for 2K. They then were "out of town" for a few days until the following Monday. Then took me several calls to get in touch to discuss how to proceed.

First, they did not explain to me my rights, and procedures, etc.
Second, I DID NOT get a written retainer agreement (which they said they would provide), and didn't lay out what included in this FEE. (I actually think he wants to drag it out to a trial, so he can charge me more $$)

I feel that he is looking to run out the clock in my case, and says he would do a few things, which he has NOT to date done.

Now, I retained a second lawyer, who 1.explained everything to me; 2. calls me everyday to check in; 3.gave me a written retainer agreement w/exactly what services are included; and 4.did exactly what he said he was going to do.

SO, the question is, what is the proper way to write a letter requesting a refund of my retainer fee from this first crook, uh, lawyer?

I will FAX and send it via MAIL - but what exactly should it say? Do I mention details like, you did not provide me with a written retainer, blah, etc.? Or, just, I am requesting a refund of my retainer, and have retained new counsel - period. Please advise! Thx
 


Proserpina

Senior Member
Is this new attorney aware that you still have the other attorney on retainer for what is presumably the same matter?
 

swalsh411

Senior Member
If your old attorney worked on your case (even if you are not aware of it) you will have to pay them for that. They might even charge you for the phone calls. I also think you may have expectations that things happen faster than they do in the real work.

A lawyer who calls you "every day to check in" is a bit suspicious. I wonder why they have nothing better to do with their time. You hire an attorney to perform legal services and offer legal advice not be your personal counselor or therapist.
 

You Are Guilty

Senior Member
Technically, NY doesn't require a retainer agreement for matters under $3k. See, http://www.courts.state.ny.us/Reporter/3dseries/2007/2007_51494.htm.

In any event, keep it short and simple. "Due to Reasons X,Y and Z, you are fired effective this date. (e.g., "Because you failed to answer my calls in a prompt manner, in violation of 22 NYCRR §1210.1"), I request a full refund of my retainer".

If that doesn't work, for more information, go here:
http://www.courts.state.ny.us/admin/feedispute/index.shtml

Good luck.
 

broken_man

Junior Member
Retainer Fee

Thanks, for replies.

Yes, the 2nd lawyer knows, and I told him I will do what I am asking about. Just looking for the right tone here.

'YouAreGuilty' - I wanted to actually write it (as this is the first time I'm asking for a refund) diplomatically, and don't really want to say "you have been fired for violating...."

The point of my question was whether I need to specifically include a reason, or just say I have retained new counsel.

As far as I know, he had a few 10 min phone calls w/me, and he "grabbed" my court file, while already down there.

As for specifics, he said he would contact the DA office since day 1, and the new atty, actually did that, and I may already have progress....

Plus the soon-to-be-former atty, said he would send some forms for supporting evidence on my behalf - and since I asked if they received something, they didn't!

I don't believe he is working in my interests, but I don't want to appear bombastic in my letter. Plus, I'm not sure I expect to see my fee returned, but I need to ask, don't I?

Thanks!
 

You Are Guilty

Senior Member
There is no requirement at all, other than to say, as diplomatically as you like, "you're fired". It would be a good idea though, to also request that if the attorney refuses to refund the retainer in full, that they provide detailed time records indicating what work they are claiming payment for.

Good luck.
 

HomeGuru

Senior Member
There is no requirement at all, other than to say, as diplomatically as you like, "you're fired". It would be a good idea though, to also request that if the attorney refuses to refund the retainer in full, that they provide detailed time records indicating what work they are claiming payment for.

Good luck.
**A: I would put the "you're fired" in writing since there is no recorded evidence like Donald Trump has. You know attorney's.
 

Zigner

Senior Member, Non-Attorney
"I am hereby terminating your representation of me in this matter" = diplomatically saying "you're fired"
 

You Are Guilty

Senior Member
Not diplomatic, but I remember many years back a (somewhat sleazy) plaintiff's attorney told a story during a break at a dep about a former client who sent a letter saying "You're fired, a--h---", except the letter itself was actually a photocopy of the corresponding body part. It does get the message across though.
 

HomeGuru

Senior Member
Not diplomatic, but I remember many years back a (somewhat sleazy) plaintiff's attorney told a story during a break at a dep about a former client who sent a letter saying "You're fired, a--h---", except the letter itself was actually a photocopy of the corresponding body part. It does get the message across though.
**A: good one. I like that. I got a client that I could use that on.
 

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