Does anyone know if I can get a refund?Will they put up a fight? My lawyer is from Legal Helpers, I just want to be prepared once I tell him on Monday..Basically we have 2 more payments to go and my wife and I decided to not go through with it..Since we haven't even signed the petition. Do you guys think they will fully refund our $1400?
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Attorneys usually quote an hourly rate for research and services not explicitly outlined in the retainer agreement. If you were to receive a refund, don't be surprised if your attorney bills you for services already rendered - to the tune of, say, $250 to $500 per hour. It's probably a rare occurrence for a client to back out of a retainer agreement, so good luck with all that. -
Originally posted by junjun View PostIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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OK, after reading your post ten times: Is it my reasoning that you paid up front for a lawyer for 13, and changed your mind? If so, I don’t think he is obligated to give money back as it is a contract. However he may, but , he will charge you for the time he spent. Before filing any bk you should be sure of what you wish. This forum is a great aid. If you get it all figured out, I hope you will not need this forum. I wish you the very best. ‘HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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I agree with 'Hub. The lawyer can charge you for service rendered to date. This could be at his general hourly rate, and not at his "Chapter 13 stuff some of it in the Plan" rate.
Remember, that many lawyer shove 30-50% of their fee into the Chapter 13 Plan. If you don't go through with it, they may have lost some of their fee. In any event, you will have to see what time the lawyer and his legal staff has spent on it.
Ask for an itemized billing to date. This will usually give you a good idea.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.Comment
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