Legal Question in Family Law in Missouri

I ended a relationship with the attorney representing me in a modification. As part of our terms, attorney was going to review my file and agreed to refund the amount not earned as part of the retainer previously paid. I attempted to call one month later to determine the status of the refund and left a message with the answering service, only to have the message fall on deaf ears. Another month passed and I contacted his office, spoke with his secretary to explain the situation, and again, it fell on deaf ears. Finally I wrote a letter a week later and still have not heard anything. What recourse do I have regarding an attorney who refuses to communicate with, technically, a client? Should I contact the Missouri Bar Association? Is small claims court out of the quesiton?


Asked on 12/23/09, 6:29 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

I would simply suggest that you write the attorney a letter and ask him to attend to your request for a refund within a reasonable time period. You might suggest to the attorney the availability of Fee Dispute Committees through the bar associations to resolve any dispute that might arise without the need to litigate. Many attorneys have difficulties scheduling the time to take care of this situation due to the press of other ongoing responsibilities. I would not assume that the attorney is trying to avoid you or the request for a refund. I can understand your frustration, but I am confident that with perseverance and a bit of patience, eveything will work out for you. Good luck.

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Answered on 12/29/09, 6:49 pm


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