Legal Question in Family Law in New York

divorce lawyer fee

In 1999 I paid deposit to initiate divorce.

Due to cicumstances I didn't visit office for a while. When I came next time lawyer told me about expiration date and offered to start from scratch. So my $300 has

gone. Has she acted legaly ?


Asked on 11/10/00, 2:48 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: divorce lawyer fee

No. There is no such thing as a non-refundable deposit. For an attorney to be paid for his time and services he must actually do some work.

I would do the following:

1. In writing I would ask the return of the $300 deposit. In the letter I would state that no services were performed by the firm. I would also state that the deposit should be returned within a certain period of time -- 30 days.

2. If the attorney ignores the letter or denies owing you a refund, I would proceed to arbitration.

By representing clients who seek a divorce, an attorney submits herself to manditory arbitration. Contact the local bar association and they will give you the proper information.

Mike.

Read more
Answered on 11/20/00, 9:30 am


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