Comments on: Do I have a case against a law firm? http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/ Quick Answers to Bankruptcy Questions & Understand How Bankruptcy Laws Affect You Fri, 30 Jul 2010 18:19:21 +0000 http://wordpress.org/?v=2.5.1 By: rob5279 http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1948 rob5279 Sat, 04 Jul 2009 09:02:23 +0000 http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1948 Let them sue you. You are in the wrong based on the those facts, but I would let them take their legal action. There's a good chance they won't go to court. Tell them to bring it on. Then, if necessary, go to the small claims court and explain your story. It's easy. It's not a criminal matter; its a legitimate dispute over $500 that is probably not worth their time. Let them sue you.
You are in the wrong based on the those facts, but I would let them take their legal action. There’s a good chance they won’t go to court. Tell them to bring it on. Then, if necessary, go to the small claims court and explain your story. It’s easy. It’s not a criminal matter; its a legitimate dispute over $500 that is probably not worth their time.

]]> By: Star http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1947 Star Sat, 04 Jul 2009 04:33:04 +0000 http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1947 1. Did you sign anything? 2. How do you know they didn't do anything? They could have already started preparing the paperwork for the bankruptcy in the hour before you changed your mind. 1. Did you sign anything?

2. How do you know they didn’t do anything? They could have already started preparing the paperwork for the bankruptcy in the hour before you changed your mind.

]]> By: hovering http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1946 hovering Thu, 02 Jul 2009 17:59:51 +0000 http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1946 I am not sure what state you are in but usually nonrefundable retainers must be written and signed by the client. The retainer agreement must inform clients that they may not receive a refund of such retainer fees if they later choose not to hire or to terminate the lawyer's services and lawyers should understand that the reasonable fee requirements may obligate them to refund some portion of an availability or nonrefundable fee under certain circumstances. For example, the client could change his or her mind shortly after paying the lawyer a nonrefundable or an availability retainer. If the lawyer has not already performed services on the client's behalf and has not already declined other representation, a refund would likely be required in order for the fee to be reasonable. This is the position recently taken by the New York City Bar Association Ethics Committee in Formal Opinion 1991-3 (determination of ethically appropriate fee cannot be made definitively at outset of representation even in nonrefundable retainer cases). Fees paid pursuant to an availability or nonrefundable retainer are not required to be deposited into a trust account nor do they need to be held in trust. The amount of a nonrefundable or availability retainer must be reasonable. I would mention that to these people in a certified letter. You may want to check out what laws your particular state has regarding retainer fees so you can quote the statute directly. I am not sure what state you are in but usually nonrefundable retainers must be written and signed by the client. The retainer agreement must inform clients that they may not receive a refund of such retainer fees if they later choose not to hire or to terminate the lawyer’s services and lawyers should understand that the reasonable fee requirements may obligate them to refund some portion of an availability or nonrefundable fee under certain circumstances. For example, the client could change his or her mind shortly after paying the lawyer a nonrefundable or an availability retainer. If the lawyer has not already performed services on the client’s behalf and has not already declined other representation, a refund would likely be required in order for the fee to be reasonable. This is the position recently taken by the New York City Bar Association Ethics Committee in Formal Opinion 1991-3 (determination of ethically appropriate fee cannot be made definitively at outset of representation even in nonrefundable retainer cases). Fees paid pursuant to an availability or nonrefundable retainer are not required to be deposited into a trust account nor do they need to be held in trust. The amount of a nonrefundable or availability retainer must be reasonable.

I would mention that to these people in a certified letter. You may want to check out what laws your particular state has regarding retainer fees so you can quote the statute directly.

]]> By: Peter R http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1945 Peter R Mon, 29 Jun 2009 07:30:01 +0000 http://www.bankruptcy-help-resources.com/do-i-have-a-case-against-a-law-firm/#comment-1945 Did you sign anything? Did you sign anything?

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