Legal Question in Bankruptcy in Texas

Can I get my retainer fee back if no work has yet been done on my bankruptcy?


Asked on 3/30/12, 7:37 am

3 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes.

Write a LETTER to your lawyer - a PAPER letter - don't use a telephone, and don't send an email. Lick a 45-cent stamp. Put a date on the letter. Keep a copy. The letter should say,

Dear Mr. Smith,

Please stop working on my case, and please refund any unearned portion of the advance fee I paid you.

Yours truly, Jeff

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Answered on 3/30/12, 9:53 am
Charles Andersen Charles Andersen, Atty

San Diego Bankruptcy Attorrney If, if if no work was done, even organizing your file. It's a big mistake to try to use an attorney's office as a savings bank. Most lawyers live life on a grand scale and eat through every penny they receive, and are want to give back any after it's in hand. (present company excepted), of course

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Answered on 3/30/12, 7:29 pm
Rustin Polk 214bankruptcy.com

What does your agreement with the lawyer say?

"Pure" retainers and "Advanced Fee" retainers are treated differently under Texas law. In order to know which kind you have, it will be necessary to look at the agreement.

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Answered on 3/25/13, 12:29 pm


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