Legal Question in Criminal Law in Mississippi

Re: Petition For Refund

In Mississippi, it is rare that an attorney refuses to return unearned retainer because the Miss. Bar takes the position that it is an unethical act.

Therefore, Your situation is probably a fee dispute in which the attorney believes the unreturned money is earned and you believe either some or all of it is not earned. Any petition for return of disputed money can be made in a court, or the two of you can agree to submit the matter to a third party for mediation or arbitration, or you can just negotiate a compromise with the attorney. To compromise with the attorney, write for an accounting and request clarification about entries you don't understand. Then negotiate a settlement, keeping in mind that the attorney will have the burden of persuding the court that he is entitled to the disputed money, but you will not prevail on an issue unless you are able to produce some evidence about an overcharge.