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refund for retainer and return of file

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rekab3136

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

i paid a retainer fee, gone through about half of it according to a recent statement I had received, then i decided to drop my divorce case and reconcile with my husband about 2 1/2 weeks ago.

I dropped a letter off at my attorney's office 2 weeks ago stating that I wished the case to be dropped, to notify me when I could pick up my original file/records (in case the counseling we are undergoing doesn't prove successful), and a refund of my retainer fee.

I haven't heard anything back from them. One fly in the ointment; the attorney became verbally abusive to me just prior to me dropping the case (long story, not pertinent to anything here). But at this point I prefer to just deal with the office through written exchanges.

Ok, my question is...is it reasonable to ask that my original file and/or my records that I've given them be returned to me, and should I send another polite letter requesting my retainer fee refund before resulting to a certified letter? I want to be firm and not be taken advantage of but also not get into a food fight with this office particularly given the issue with the attorney I previously mentioned.

Also, if the refund I'm sent is found to be unreasonably low (I estimate it should be about $1500), what is my recourse? Threaten to file a complaint for unreasonable charges or threaten to write a letter to the local Bar chapter (that's probably not the correct term, but you know what I mean), or the BBB?

Thank you for giving me your opinion. It is appreciated.
 


Bali Hai

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

i paid a retainer fee, gone through about half of it according to a recent statement I had received, then i decided to drop my divorce case and reconcile with my husband about 2 1/2 weeks ago.

I dropped a letter off at my attorney's office 2 weeks ago stating that I wished the case to be dropped, to notify me when I could pick up my original file/records (in case the counseling we are undergoing doesn't prove successful), and a refund of my retainer fee.

I haven't heard anything back from them. One fly in the ointment; the attorney became verbally abusive to me just prior to me dropping the case (long story, not pertinent to anything here). But at this point I prefer to just deal with the office through written exchanges.

Ok, my question is...is it reasonable to ask that my original file and/or my records that I've given them be returned to me, and should I send another polite letter requesting my retainer fee refund before resulting to a certified letter? I want to be firm and not be taken advantage of but also not get into a food fight with this office particularly given the issue with the attorney I previously mentioned.

Also, if the refund I'm sent is found to be unreasonably low (I estimate it should be about $1500), what is my recourse? Threaten to file a complaint for unreasonable charges or threaten to write a letter to the local Bar chapter (that's probably not the correct term, but you know what I mean), or the BBB?

Thank you for giving me your opinion. It is appreciated.
If the refund is found to be unreasonably low??? $1500??

Your recourse:

cut your losses and move on. Trying to get money from an attorney (even your money) would be like taking a food plate from a starving pit bull!!
 

rekab3136

Junior Member
Hi,

The other part of my question was...

is it reasonable to ask that my original file and/or my records that I've given them be returned to me?

Thank you in advance.
 

Ohiogal

Queen Bee
It is reasonable to ask for copies, but they are going to charge you for them.
They shouldn't as OPs original records belong to OP not the attorney. As does the original file. Any copies should be made for the ATTORNEY and not for the OP.
 

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