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Lawyer refuses to honor refund offer

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Hepsie

Junior Member
I hired an Oregon attorney. I was unhappy with the lawyer's services, so I wrote a letter requesting a refund. The lawyer responded by letter agreeing to refund $3,500. I accepted the offer in writing and relied on it at an attorney fee hearing by testifying that my lawyer had reduced her fees. I received an attorney fee award based on the reduced amount. Now the lawyer refuses to provide the refund unless I agree to additional terms and conditions that were not included in the original agreement and to which I don't agree. I filed a Bar complaint. The Bar dismissed it explaining it doesn't handle fee disputes. I filed a complaint with the Better Business Bureau. It's pending. Meanwhile, the lawyer stonewalls. Are arbitration and small claims my only remaining options? If so, which is preferable given the circumstances?
 


Ohiogal

Queen Bee
I hired an Oregon attorney. I was unhappy with the lawyer's services, so I wrote a letter requesting a refund. The lawyer responded by letter agreeing to refund $3,500. I accepted the offer in writing and relied on it at an attorney fee hearing by testifying that my lawyer had reduced her fees. I received an attorney fee award based on the reduced amount. Now the lawyer refuses to provide the refund unless I agree to additional terms and conditions that were not included in the original agreement and to which I don't agree. I filed a Bar complaint. The Bar dismissed it explaining it doesn't handle fee disputes. I filed a complaint with the Better Business Bureau. It's pending. Meanwhile, the lawyer stonewalls. Are arbitration and small claims my only remaining options? If so, which is preferable given the circumstances?
The BBB is not going to do anything. They have no power quite frankly.
 

LdiJ

Senior Member
The BBB is not going to do anything. They have no power quite frankly.
I agree...although perception does matter to some professionals/businesses and that is how the BBB exercises any "power". Many professionals/businesses don't want a bad rating from the BBB. Others don't care, particularly if they are highly successful.
 

Hepsie

Junior Member
The value of the Better Business Bureau

The lawyer ignored my written requests that she honor her refund until I filed a complaint with the BBB. Then she wrote to me that she would honor her refund offer. BBB complaints are valuable because smart potential clients check with the BBB to see if complaints have been filed against attorneys before they hire them. Smart attorneys therefore do all they can to minimize those complaints.
 

CSO286

Senior Member
I hired an Oregon attorney. I was unhappy with the lawyer's services, so I wrote a letter requesting a refund. The lawyer responded by letter agreeing to refund $3,500. I accepted the offer in writing and relied on it at an attorney fee hearing by testifying that my lawyer had reduced her fees. I received an attorney fee award based on the reduced amount. Now the lawyer refuses to provide the refund unless I agree to additional terms and conditions that were not included in the original agreement and to which I don't agree. I filed a Bar complaint. The Bar dismissed it explaining it doesn't handle fee disputes. I filed a complaint with the Better Business Bureau. It's pending. Meanwhile, the lawyer stonewalls. Are arbitration and small claims my only remaining options? If so, which is preferable given the circumstances?
The lawyer ignored my written requests that she honor her refund until I filed a complaint with the BBB. Then she wrote to me that she would honor her refund offer. BBB complaints are valuable because smart potential clients check with the BBB to see if complaints have been filed against attorneys before they hire them. Smart attorneys therefore do all they can to minimize those complaints.
You got your resolution in just over three hours??

:cool:
 

Hepsie

Junior Member
You got your resolution in just over three hours??

:cool:
No. I didn't. I refer you to the original post. She has written to me several times to say she would honor the refund, but refuses to write the check unless I sign a settlement agreement which includes unpalatable terms and conditions.
 

tranquility

Senior Member
No. I didn't. I refer you to the original post. She has written to me several times to say she would honor the refund, but refuses to write the check unless I sign a settlement agreement which includes unpalatable terms and conditions.
If you don't agree to give something up, the purported agreement is unenforceable. Negotiate the terms and conditions or forget about the "refund". (That is, unless you have some reason outside the written offer to sue on the amount.)
 

Hepsie

Junior Member
If you don't agree to give something up, the purported agreement is unenforceable. Negotiate the terms and conditions or forget about the "refund". (That is, unless you have some reason outside the written offer to sue on the amount.)
So you are saying an attorney can offer a refund and then renege, correct?
 

Hepsie

Junior Member
I'm saying a gift is not legally enforceable while a contract is. Unless you give something up for the agreement (aka consideration), you don't have a contract.
Okay, so to look at this from a different angle: If I ask my doctor for a refund because I'm not happy with his services and he agrees to give one and then fails to provide it, I would be out of luck unless I gave him something?
 

tranquility

Senior Member
Okay, so to look at this from a different angle: If I ask my doctor for a refund because I'm not happy with his services and he agrees to give one and then fails to provide it, I would be out of luck unless I gave him something?
Yes. Gifts are not enforceable. (Absent certain conditions not relevant here.)
 

swalsh411

Senior Member
Maybe.

You will get a refund, if you agree to the terms that come with them. Why don't you share what is so bad about them?
 

Hepsie

Junior Member
Maybe.

You will get a refund, if you agree to the terms that come with them. Why don't you share what is so bad about them?
I agreed not to pursue any additional legal claims against her. But I don't wish to agree to keep the facts of the settlement and its terms confidential, one of her requirements. I want to talk about them. And in any case, the refund offer is on the public record. I testified about it at the attorney fee hearing I mentioned in my original post, so keeping it confidential is probably moot.

Since I agreed not to pursue any additional legal claims against her, I think we have a contract, no?
 
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