Refund from my old attorney, no.

[tinfoilhat]

I got all my paperwork back, thats it. And a letter stating why I'm not getting any portion of my money back.
Heres a quick letter I wrote that I might send him.
I know for a fact I never signed one thing in his office.
Heres the other post about it.

Have a good laugh, I haven't written a letter like this since grade school. I have no idea what I'm doing. I do realize all of my efforts are most likely a waste of time.

Any comments on the letter, feel free to laugh if you want.

Dear Mr. xxxxxxx:
Thank you for returning my file. However I did not recieve the requested itemized list of services rendered.
As you stated in your letter dated July 9, 2009, there were numerous additional questions answered, those questions and phone calls were requests to terminate your services. These requests were made before your staff had a chance to prepare files for my case.

These requests were apparently ignored and your staff continued to make preparations to file my case.

At this time I have consulted with the Florida Bar Association, and was recommended to request additional paperwork.

I need a copy of the retainer agreement with my signature.
I need a copy of the agreement where I signed to pay for professional services rendered in connection with a Chapter 13 bankruptcy.
I need an itemized list of specific services rendered.

Or I need a refund of the unused portion of the $1500 payment you recieved.

Your cooperation is greatly appreciated in resolving these matters.

The next step I will take is contacting the Florida Bar with a complaint that you charged me for services rendered in connection with a Chapter 13 bankruptcy when there is significant proof that I cannot fund a Chapter 13 bankruptcy.

[whipster1]

Looks good. You should follow through with the compliant to the Bar, and include a copy to him/her with your letter. Attorneys hate having to respond and may pay you to withdraw the complaint. Costs you nothing to complain, and it certainly is not frivolous.

[Bandit]

This is icky. Where is Grandma? All lawyers are liars.

Or I need a refund of the unused portion of the $1500 payment you recieved.

Or? Leave the OR out.

[liz417]

Looks good....put a stamp on it and mail it out!!!

[music12]

what did the lawyer write as to why you are not getting any of your money back?

your letter looks damn good, but it would be helpful to know what the lawyer wrote to see if we can make any suggestions

[tinfoilhat]

Here is his letter.

I revised mine slightly.

Dear Mr. xxxxx:
Thank you for returning my file. However I did not recieve the requested itemized list of services rendered.
As you stated in your letter dated July 9, 2009, there were numerous additional questions answered, those questions and phone calls were requests to terminate your services. These requests were made before your staff had a chance to prepare files for my case.

These requests were apparently ignored and your staff continued to make preparations to file my case.

At this time I have consulted with the Florida Bar Association, and was recommended to request additional paperwork before filing a complaint:

1. A copy of the retainer agreement with my signature.
2. A copy of the agreement where I signed to pay for professional services rendered in connection with a Chapter 13 bankruptcy. (an Invoice is not an agreement)
3. An itemized list of specific services rendered.

I also need a refund of the unused portion of the $1500 payment you recieved.

Your cooperation is greatly appreciated in resolving these matters.

The next step I will take is contacting the Florida Bar again with a complaint that you charged me for services rendered in connection with a Chapter 13 bankruptcy when there is significant proof that I cannot fund a Chapter 13 bankruptcy.

[aces67]

Send it but I'd send it certified and follow through with your bar complaint.

[music12]

wow, their letter won't help them very much!

i would suggest, where you say "A copy of the retainer agreement with my signature." to change it to

"A copy of the retainer agreement, if any, with my signature."

otherwise it might sound like you admit you signed a retainer agreement but just can't find your copy...

same for item 2

i would also suggest to revise where you specify what you would tell the bar, because you say there that you would complain that they charged you for "services rendered", and while your emphasis is on the fact that it was for ch13, it is actually not true that services for ch13 were rendered either. maybe change "services rendered" to "services purportedly rendered". that should do it...

also maybe you could say that you didn't see any of those signs in the office... or maybe leave it out. don't know.

[tinfoilhat]

Done. Thank You.

[tinfoilhat]

Where did you find this info? I asked the BAR about this and they said if it says no refunds on it, there are no refunds whether signed by me or not. My new attorney said the same thing.

be alert that they might tell you that the fee is non-refundable because that's what that invoice says.

however, that invoice is NOT an agreement by you that the fee is non-refundable, because YOU did not sign it. florida rules of professional conduct for attorneys says they must refund any unearned portion of a retainer unless you agreed it would be non-refundable, and you didn't.

[TEW]

Don't even bother with the letter. He will charge you for responding to it.
Just take it to small claims court.

[music12]

look at:

http://www.floridabar.org/divexe/rrtfb.nsf/FV/66CA8F049DF8A96985257171005B7194

"Refunding advance payment of unearned fee

Upon termination of representation, a lawyer should refund to the client any advance payment of a fee that has not been earned. This does not preclude a lawyer from retaining any reasonable nonrefundable fee that the client agreed would be deemed earned when the lawyer commenced the client's representation. See also rule 4-1.5."

i guess if the bar told you otherwise, then they are not really enforcing this rule. maybe they all do it all the time. maybe they think $1,500 is not a big deal. but i think it's ridiculous that an invoice you receive AFTER you paid can be binding on you as though you agreed to it. usually, for two people to agree on something there needs to be a meeting of the minds, and how can there be a meeting of the minds when you pay before you are told it's nonrefundable?? also, $1,500 for NOTHING is excessive but unfortunately if you look at 4-1.5 in the bar rules, they define excessive by what another lawyer would think is excessive. so if your new lawyer and the bar both said everything is fine and dandy, perhaps you won't get anywhere.

but send the letter and see what happens. maybe you'll win on the ch13 thing, especially if you file a successful ch7.

and i can't imagine it would be legal to charge you for responding to a letter like this. however, if they keep bending the rules in lawyer's favor, then i don't know.

[StartingOver08]

Hummmm, I wonder if TinFoilHat could mention something about the attorney not representing his interests. I am thinking that the attorney tried to force a 13 on the OP by having someone else pay his monthly payment and that is certainly not in the OPs best interest. The only reason he had to find another attorney was to get one that is actually representing him.

Also, the attorney made a big deal of the pre-BK education. The cost is certainly no where near $1500 (closer to $50 max). Services WERE NOT RENDERED, contrary to his letter. You may or may not have retained him (depending upon the agreement you may or may not have signed) - but he did not file for you and did not represent your interest as he kept insisting on the 13 being funding by a relative. Got to be something in there that could work for you. Even if it is only a partial refund.

[OhioFiler]

Just remember the "i before e except after c" rule when you spell received.

[AngelinaCatHub]

Don't even bother with the letter. He will charge you for responding to it.
Just take it to small claims court.

I think he should send it. First of all, before any suit, you must write a letter of intent or "demand" letter. That would be adequate for the suit. The short note that the lawyer sent can be used against the lawyer as it is so full of holes, and the OP should ask for an itemized labor costs and time.

It costs so little to go to small claims, (in my County $52 to file $20 for sheriff to serve summons) and if he wins will get a Judgment including his costs. Even if he does lose, it will kill a days work of that crooked lawyer and that would be worth the cost to pizz him off. The bar should also be followed through. You can get a complaint form online. Lawyers hate that bar stuff (except when they're drinking). 'Hub