Legal Question in Legal Malpractice in Alabama
Breach of contract
My ex-attorney in my divorce suit has not billed me and my contract says she will do so every month. She also has never returned my phone calls, faxes or requests via her secretary. I have paid her the retainer fee of $500.00. After 3 months, I fired her for not providing me any information. Am I able to sue her for the $500.00 since she has not once billed me as the contract states or is there anything else I can do to get my money back? Is there any recourse in this matter - I have provided her all the information she requested and she provided virtually nothing in return. Our contract states she will bill me every month an it has now been 5 months and not a single bill. Any help would be appreciated. Thank you.
2 Answers from Attorneys
Not being billed by atty
Its not the fact that she has not billed you but thefact that she took a retainer and did not do anything. Yes it seemsthat you have a right to your money back. I wouldnot sue her at this point but I would contactthe State Bar Disciplinary Council in your state. Ifwhat you say can be substantiated they will get you yourmoney back.
It depends upon what she DID do
It may well be that your attorney did "nothing" during those 3 months, but you need to request that she provide a written accounting for the funds deposited with her. Have you stopped in personally to ask for it? You need to take a proactive approach and a reasonable one. If she is tremendously busy, a certified letter will probably get her attention. If you stop in, then she will have to see you eventually. If, however, she can show that she prepared a complaint for you or responded to some document or another, you will be unlikely to get your money back, because she would be entitled to keep the money for services rendered, even if you feel as if she "did nothing." You can also have your current attorney call her and inquire about the bill, by saying that s/he wants to make sure that you've paid your bills before taking you on as a client or something like that.
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