Legal Question in Wills and Trusts in New Mexico

If i hire an attorney and he tells me to give him money up front and that it will be put into escrow and used as needed, then the case is dropped. Does he have to give back the money or a portion there of? Does he keep it all.


Asked on 12/01/09, 11:50 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Lawyers are required to provide their clients with a written accounting of the disposition of the client's funds. That means showing the client what hours are being charged at what rate, together with taxes and expenses, if any. If a lawyer is drawing against a retainer which s/he must keep in a trust account, and the legitimate charges are less than the retainer at the conclusion of the legal matter, NM requires that the excess funds be returned to the client. Client/Lawyer fee disputes can be mediated at no cost through the State Bar of New Mexico in Albuquerque.

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Answered on 12/06/09, 2:11 pm


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