Legal Question in Family Law in Minnesota

So I hired an attorney gave her $600 for a retainer and in addition I gave her $400 for the filling fee to file my divorce case. I explained to her that I was giving her that money for the filling fee only and that it was to only be used for filling my case. It was then my understanding that because I stated to her that $400 was to be used for the filling fee and not for other services that when I know terminator her as my attorney and the paperwork has not been filled that I would be getting that $400 back. I was told by another legal person that when I gave her the $400 for filling that should have been left untouched and only used for filling unless I stated it she could use it otherwise. Since I did not direct her to use it for any thing other then filling I believe that I am entitled to that $400 back. Am I really entitled to that money back or has the other legal advise I was given misleading?


Asked on 10/11/11, 8:30 am

1 Answer from Attorneys

The other legal advice is probably not wrong, but it did not say you were entitled to your money back. The attorney probably should have placed the $400 in her client trust fund account. Thus, keeping it untouched until the fee was to be paid. I am assuming that the attorney fees are now at or above $1,000 and the attorney applied the $400 to attorney fees and not the filing fee. This may be a breach of the fee agreement and perhaps an ethical violation if proper accounting was not met by the attorney. I am not sure how serious a violation this may be when everything is said and done. To answer what I think is you real question: if you owe for attorney fees you are not going to get your fee money back before you settle up with the attorney. Your former attorney probably should have said, "I will release the $400 immediately once you are paid in full for my attorney fees. The bottom line is probably that you are not entitled to the refund until you pay your legal fees. Perhaps another attorney can correct me if I am off base.

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Answered on 10/11/11, 1:19 pm


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