Request for Refund of Atty Fees

[nojusticehere]

Good morning. Just a quick question. I had met with several atty's. At the time, I decided to go with one, he had a $125 consult fee. So I gave him $800 and he agreed to accept payments until the fee was paid. After I gave him the money, he said to me "by the way, don't send collectors my way, I don't have time to respond." I felt uncomfortable about this statement, but left. A week later I met with another atty, whom I felt extremely comfortable with, and she was very knowledgeable. She told me that once I give her any amount of money towards the retainer to give collectors her number and that she would handle them. Besides, her fee is about $600 less. So on Aug 8th, I sent the atty a letter requesting that I be refunded $675. I did not hear back, so Aug 21st, I sent him a follow up letter requesting my refund. We did not sign any agreements, contracts, etc. He has not done any work for me.

Will I get this money back? What should I do next? I need this money in order to hire the atty I'd like to hire.

[familyof7]

Tell the new attorney if he isnt contacting you. Tell the old attorney if you dont get the money back in x amt of days you are going to take him to court and sue.

[nojusticehere]

Not sure, but I think I can also report him to the Florida Bar?????? Anyone with any info on this?

[lrprn]

Not sure, but I think I can also report him to the Florida Bar?????? Anyone with any info on this?

So far lawyer #1 hasn't done anything that is misrepresentation, abandonment, or violates lawyer ethics. All he's done is tell you that he doesn't provide as many consumer services as most bk lawyers and not return a retaining fee.

Did you clearly fire him in the letter you sent asking for a refund? How long ago did you send the letter? Did you set a date for the portion of the fee that does not cover the time he's already spent on your case to be returned?

If you still want to report him for misconduct in the practice of law, here's the link for who to contact in your state - http://www.nbtanet.org/public/discipline/index.shtml

[nojusticehere]

So far lawyer #1 hasn't done anything that is misrepresentation, abandonment, or violates lawyer ethics. All he's done is tell you that he doesn't provide as many consumer services as most bk lawyers and not return a retaining fee.

Did you clearly fire him in the letter you sent asking for a refund? How long ago did you send the letter? Did you set a date for the portion of the fee that does not cover the time he's already spent on your case to be returned?

If you still want to report him for misconduct in the practice of law, here's the link for who to contact in your state - http://www.nbtanet.org/public/discipline/index.shtml

Yes, in my first letter I wrote, dated Aug 7 2007, said that I did not need him, and did not wish to retain him, that I was looking at other alternatives to my situation. I explained to him in the letter that the check, in the amount of $800, cleared my bank on a specific date, that he was to deduct the consult fee of $125, etc. and asked that he return $675.00 to me. I also advised him that per our conversation there was never a written or verbal agreement with the exception that he said "once he has the $2500 he would start on my case and would then draw up a contract."

In the second letter I sent, dated 21 Aug, I referred to the 1st letter as a follow-up and request, and reiterated the above. I also gave my address and phone number if he needed to contact me. I have not heard from him to deny or refund the money.

[nojusticehere]

Got my check in the mail today!!! YEAH! One more step closer to filing!!!!