How to Get Your Money Back from a Lawyer
If you’ve had a negative experience with a lawyer and believe you’re entitled to get your money back, you’re not alone. Many people find themselves displeased with their lawyer’s services and wondering whether or not they can get their money back, and while it can be challenging, it’s not impossible.
This article will guide you through how to get your money back from a lawyer, including how retainer fees work, how to recognize legal malpractice, and what to do if your lawyer damages your case.
With more than 30 years of legal malpractice litigation experience under his belt, Super Lawyer Ross Sears from Sears Crawford is ready and able to guide you through the necessary steps to seek justice. Call Ross Sears, the legal malpractice attorney Houston trusts, at (713) 223-3333 and ask him about getting your money back from your previous lawyer.
Do lawyers refund money?
Lawyers are bound by ethical rules and professional conduct standards, which sometimes include refunding unearned fees. Whether you’re entitled to a refund depends on the specifics of your case and the agreement you have with your lawyer, but generally, if your attorney is still practicing law, getting a refund from them is not easy.
Continue reading: how to fight excessive attorney fees
Is a lawyer retainer fee refundable?
A retainer fee is an upfront payment to secure a lawyer’s services. Retainers can be either refundable or non-refundable, depending on the type of agreement and the state laws governing such agreements. Generally, there are two types of retainers:
- General retainer: This is a fee paid to ensure the lawyer’s availability. It is usually non-refundable, as it compensates the lawyer for being available to the client.
- Special retainer: This is an advance payment for specific legal services. If the lawyer does not perform the agreed services, the remaining balance should be refundable.
To determine if your retainer is refundable, review your engagement letter or fee agreement. If it is a special retainer, and the lawyer has not performed the services, you may be entitled to a refund of the unearned portion.
If your lawyer has already performed the services — and performed them poorly — it is likely too late to seek a refund and time to start thinking about suing your previous lawyer.
When is it too late to fire your attorney?
Can you fire a lawyer at any time? Yes, but timing can affect the process and your case. If you fire your lawyer during a critical phase of your legal proceedings, it may cause delays and complications.
However, it’s never too late to replace a lawyer who is not meeting your expectations. The key is to manage the transition smoothly:
- Early stages: If you’re early in your legal process, firing your attorney may be easier and less disruptive.
- Mid to late stages: Firing your lawyer during trial or critical motions can be complex, but it is still possible. Ensure you have another lawyer ready to take over immediately to avoid significant delays.
Regardless of when you decide to fire your attorney, you should document your reasons and communicate clearly. This can help if you need to pursue a refund or file a complaint later.
What is it called when a lawyer doesn’t do his job?
When a lawyer fails to perform their duties competently, and it negatively impacts their client, it is called legal malpractice. Legal malpractice occurs when a lawyer breaches their duty to the client and causes harm as a result.
Common examples of legal malpractice include situations like negligence, where the lawyer fails to act with the skill and care that a competent lawyer would provide under similar circumstances. Additionally, breach of contract, or not fulfilling the terms of the agreement made with the client is considered legal malpractice.
Lastly, when a lawyer acts in their own interest rather than in their legal obligation to the client’s best interest (also called breach of fiduciary duty), that is likewise grounds for legal malpractice.
How do I get my retainer fee back from an attorney?
If your lawyer has not performed the services they promised, you can take the following steps to get your retainer fee back:
- Review your agreement: Understand the terms of your retainer agreement to see if it outlines the circumstances under which you can get a refund.
- Request a refund: Write a formal letter to your lawyer requesting a refund. Be clear and concise, outlining the services not performed and referencing your agreement.
- Document everything: Keep detailed records of all communications and documents related to your case and your refund request.
- Seek mediation: The Texas State Bar offers mediation services to resolve fee disputes between clients and lawyers.
File an official complaint: If the lawyer refuses to refund your money, you can file a complaint with the state bar association or legal regulatory authority. Learn more about how to file a complaint against an attorney in Texas. - Sue your lawyer: While filing a complaint with the State Bar can be an effective way to begin resolving your previous case, you can put justice in your own hands by hiring a legal malpractice attorney to sue your lawyer.
If you want to get money back from your lawyer who has wronged you and you believe that you have grounds to sue, you need the best legal malpractice attorney in your corner. Going toe-to-toe against another lawyer is tough, but you don’t have to go at it alone.
Lawyer refusing to refund money? Get justice with Sears Crawford.
Understanding how to get your money back from a lawyer can be a daunting task, but it’s important to know your rights and the steps you can take. If your lawyer is refusing to refund money owed to you, it may be time to seek professional help.
At Sears Crawford, we specialize in holding lawyers accountable for their actions and ensuring clients receive the justice they deserve. Whether you’re dealing with an unearned retainer, legal malpractice, or a lawyer refusing to refund money, Ross Sears is here to help you navigate this challenging process and ensure you receive the compensation you deserve.
Contact us online today or call us at (713) 223-3333 to discuss your case and learn how we can assist you in holding your lawyer accountable.
More Helpful Articles by Sears Crawford:
- What Do I Do If My Lawyer Lost My Case?
- How to Fire a Lawyer in Texas
- Breach of Fiduciary Duty Examples
- Five Things You Need to Know about Suing a Lawyer for Malpractice
- What Is Considered Malpractice for an Attorney?