Legal Question in Legal Malpractice in Virginia
What is considered Retaining a Lawyer?
I contacted a lawyer through the VLRS for $35 I spoke with the lawyer and I ask him after that would he accept the case and for how much. He said yes for $1000 and 1/3. I paid him $150 down and was to pay him the rest. He wrote me a receipt for $1000, $150 down and $850 bal owe. He never contacted me after that and 5 months later I finally caught up with him after numerouse attempts. He still never return my call so I contacted the VSB and he wrote to them stateing that he has sent me a letter that he was not retain that the $150 was for research. So I would like to know what was his receipt to me for $1000 and balance owed of $850 was for. Was he really thinking that I would pay him $1000 for him to not accept my case? So what constitute retaining a lawyer and what can I do about this? I have retain lawyers befor the same way and in this matter can he now come back and say that I owe him $850 for not telling me or doing any work for me? Thank you for taking the time to read this letter.
Cordially,
--name removed--L--name removed--
2 Answers from Attorneys
Re: What is considered Retaining a Lawyer?
A retainer may be either oral or in writing. I cannot tell from your question what type of case this was, however, it appears that the lawyer could not get any more of the $850.00 balance since it does not appear that he performed any further legal services for you. If he does attempt to recover the additional $850.00 you should demand a statement detailing the services peformed. I would also request a statement as to what the "research" was for. Did the receipt state anything about the services? You might be entitled to a return of your $150.00 if he did nothing, however, it would probably cost you more to sue him for it.
Re: What is considered Retaining a Lawyer?
If the lawyer started working on your case and you did not follow through on your end of the deal (payment of the $1000), the lawyer has the right to stop working on your case and to be paid for the work actually done, provided his withdrawal from representing you is done in a manner so as not to prejudice your case and, if the case has been filed in court, is done with court approval.
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