How to Get Your Money Back From a Lawyer | 3 Methods You Must Learn
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It’s right to say that once you hire a lawyer, he’ll process your case till the final decision. Certain reasons may lead to such a situation that you’ll have to fire your attorney during the case. There may be many reasons behind such a situation. After you have decided to get back the case from your lawyer, taking his money back will be a challenge. Some clever lawyers may try to show you that you don’t have any dues. Taking money back from such lawyers will be a real challenge for you. Such a person facing such a situation must learn ‘how to get your money back from a lawyer?’
During the case, your attorney may start ignoring your case. When he does not take the case seriously, you can’t process your will properly in the court. Therefore, the service of an attorney plays an important role in the processing of the case.
However, to learn all about the reasons for firing an attorney and getting the dues back from him may take a lot of time. Also, one will have to struggle a lot for this process. But to make one’s search easy, we’ve proposed a brief guide. Till the end, you’ll learn all about the query under discussion. So, let’s unveil all the facts about this query.
How to Get Your Money Back From a Lawyer
If you don’t want to move on with your lawyer, various ways can help you get your money back from him. Keep in mind that the return of the fee amount depends upon the method you adopted to pay your attorney. Here are tips to get your funds back in different fee agreements with the lawyer.
Fee Retainer Method
When you hire a lawyer on retainer, he has to work for you till the end of the agreement. However, if something goes wrong and you fire the attorney, you’ll get your money back depending upon the time for which the lawyer has worked for you. Unfortunately, you can’t claim a refund for the working time of the lawyer.
The bar association will help you to get the money back accordingly. However, if you’re claiming the whole agreement amount, the bar will not stand with you. So, claim the money that’s your right so that you may receive that amount with the aid of the related court.
When your attorney is working on the contingency method, it means that he’ll get the fee according to a certain percentage of the recovered amount. If you want to fire the attorney, the fact she is responsible for the end of the agreement will determine the recovery of the fee amount. The cost experts will decide your case.
Payment per Hour
Most lawyers charge their clients according to the hourly fee. In such a case, if the attorney has got some revenue in advance, but he has worked for fewer hours, he’ll have to refund that particular amount. If he denies even if you have a copy of the agreement, the bar counsel may help you resolve the problem.
What to Do If a Lawyer is Unwilling to Return the Unearned Fee?
If you’re right according to the terms mentioned above and conditions, but still, your attorney is refusing to refund the unearned fee, you can proceed to file a case against the lawyer. This is a legal way to claim your fee amount back.
As you know, legal proceedings can’t be processed without proper evidence, so make sure that you have authentic evidence to prove that you’re right. Otherwise, the court may discharge your petition without hearing. The state bar association will stand with you if you’re claiming the right fee.
Reasons to Fire an Attorney
Various reasons may lead to the firing of the lawyer. If you find any of the following issues with your lawyer, you have the right to fire him.
Your Attorney is Not Interested in the case
The foremost thing that may cause the firing of a lawyer is the lawyer’s lack of interest in the case, as you know that you can’t win a case without the help of a lawyer. So, if a lawyer is not interested in the case, how’ll he process it properly? When you suspect that your attorney is not interested in your case, you have the right to fire him. Then, after firing him, find out any expert for your case.
Lawyer Does Your Calls
When a case goes prolonged, the lawyer should contact the plaintiff at least after every three weeks. In case your lawyer is neither taking your phone calls nor calling you back, you have an option of firing him and hiring a new one. First, however, it’s better to find out the reason that may lead the attorney to act like this. Then, after confirming that the lawyer is intentionally ignoring you, go for any other one.
Poor Communication of the Lawyer
You may know that proper communication plays a vital role in processing your will in court properly. Mutual sharing may add something valuable to the case. However, if you find that your attorney is not sharing anything with you, you’ll fire him after confirming the reason. Such a case can’t be successful where the lawyer and the plaintiff have no coordination.
The Lawyer Is Lying
Sometimes, lawyers may know a fact, but they don’t bother to share it with the plaintiff. A lawyer is not supposed to tell a lie. If you find him lying, you have the right to get rid of him as he will not process the case effectively.
The Lawyer is Not Getting Your Point
No lawyer can process the case without understanding it. Proper investigation is the key to the success of the case. It’s possible only if the lawyer gets the case well. However, if you find that the lawyer is not getting your case, you may consider leaving that one and hiring a new one. This will be a beneficial step for your case.
The Lawyer Can’t Handle the Case
Sometimes, the lawyers may rush cases, so they can’t prepare for the cases well. They will tend to process the cases without proper research about the facts and evidence in such a case. So, the case may result in remarkable failure. In such a case where you suspect that the lawyer is not prepared for the case, let him go and hire a new one.
Pessimistic Behaviour of the Lawyer
A person who is filing a case in court will be depressed. He needs proper support so that he may stand with the lawyer effectively. In such a situation, the attorney’s optimistic attitude towards the case will play a vital role. So, the lawyer should try to satisfy the plaintiff for success. But if your lawyer is rude and pessimistic, it’s better to say goodbye to him.
The Lawyer is Claiming Extra Dues
As mentioned above, the lawyer may charge his clients three different ways, i.e. retainer agreement, hourly wages, or contingency method. In all these situations, the lawyer will have to clear the fee issues to the client. A contract is mostly signed between the plaintiff and the lawyer.
However, some dishonest lawyers may claim some extra dues by taking the aid of false expenses. In such a case, the lawyer can’t process the case effectively. So, it’s better to get rid of such a person instead of moving on controversially.
Frequently Asked Questions
Can you get a refund from a lawyer?
Yes, you can do so, but only if you have strong arguments to support your challenge against the client. Also, you’ll have to prove that the lawyer has some unearned fee that he must return.
Can you get a refund on a lawyer retainer?
Yes, you can get the funds back from a lawyer. However, he’ll have to return the unearned fee to the plaintiff. If he refuses to do so, you can get paid from the state bar association.
What recourse do I have against a lawyer?
In case that you find the lawyer guilty and have strong evidence against him, you can file a case against him in the state bar. The state bar association must aid the oppressed people.
What happens if I don’t pay my lawyer?
In such a case, the lawyer will drop your case and will not represent you in the court anymore.
How can I get out of my retainer agreement?
You can do this by sending a draft to your attorney. The best way to write such a draft is to write down your name, case reference, case details, party names, date, and the reasons for termination.
If you find your attorney guilty, you have the right to fire him. In case you fire the lawyer but you have some refundable dues, you can claim those dues. If the lawyer refuses to return the amount, you have the right to get assistance from the court. The bar association should stand with you to get your rights. First, however, make sure that you have strong arguments and evidence to prove that your attorney has done wrong with you. After confirming this, you can go to the state bar for justice.
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.