Legal Question in Criminal Law in Louisiana
My brother who passed away last year retained an attorney. Though this attorney wa able to get him out of jail quuickly that was the extent of his service. There were items seized and through the order of the judge all the items were destroyed. The attorney did not keep up with anything involving the case and was only informed of things when I would call and tell them.
I have since emailed him at his request and have not received a reply. I would like to be refund the majority of the retainer fee and get a copy of the judges order, a certified copy of who destroyed the items and a copy of my brothers file. I am the executor of his estate and have legal rights...
Did this attorney not provided his professional obligations to his client?
1 Answer from Attorneys
I do not believe anyone can determine whether the attorney did his job from just what you have said here. You do not mention how much was paid and what the fee agreement was, nor do you mention any other particulars. The term "retainer fee" indicates that a deposit is made and then the attorney draws against that fee as he incurs billable hours. Some people think all money paid to an attorney is a "retainer fee." Many times a fee is paid for a service and no part of it is refundable. So, in your capacity as executor, write a certified letter, return receipt requested, to the attorney and request a detailed accounting of the "retainer fee." If that does no good, you may have to go to the bar association. However, I suggest you first sit down with an attorney so he can see all that you have, and he can ask you all the questions about all the details of the case etc, so he can give you a knowledgable answer to your questions. BTW, you should check with the clerk of court and ask to read your brother's record. That may contain answers to many of your questions.
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