Legal Question in Family Law in Texas

I retained a lawyer who told me my case was cut and dried. my ex was not complying with conditions of divorce decree. i paid 2500 and that was almost 2 months ago and nothing has been done. i have spoken to the assistant who tells me "oh he is going to file it tomorrow" but it did not happen. that was 2 weeks ago. on tuesday i spoke with her again and now she states he has some problems finacially etc and that is what is taking up his time. am i in my rights to demand my retainer fee back due to no service rendered in this case?


Asked on 11/21/09, 11:16 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Yes. Demand your money back. Do it in writing (a paper letter - not a phone message or a text), and send it CERTIFIED MAIL. The postage will be about $5.50. Keep a copy of the letter you send.

You'll eventually get a "green card" back in the mail that is proof that he received your letter.

Here's what you should say in the letter:

------------------------------------------------------------------------------------------------------------------

Dear Mr. Lawyer,

Please stop working on my case immediately and refund to me any part of the advance retainer that you haven't yet earned. If you keep part of the advance fee I paid you, please send me a statement of account showing what services you provided, the dates of the services, and how much I was charged.

Thank you,

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Answered on 11/28/09, 4:58 pm


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