I paid an Indiana attorney for services but now do not need them and he won't refund my money?

Question

I have paid an Indiana attorney for legal services but he understood that after paying him, I began to experience hard times with other legal matters and was under a great deal of persecution. He explained to me that if things got bad and I found I could not continue with his services, just to let him know and he would refund my money, $3,000 ASAP.

So, after a few months, I contacted him and advised him that I would not need his services and to refund my money back ASAP, that I needed it immediately. It's been now three weeks and he won't respond to my emails, faxes, phone messages, etc.

I know I can file a complaint to the BAR Disciplinary Committee there, but I want to avoid that. I have explained to this attorney that I am disabled and advised him of my ADA Reasonable Request and status, and how this matter is causing me a great deal of anxiety and pain and suffering, but he still has not responded.

Do you have any suggestions other than filing the obvious, a disciplinary complaint with the BAR? Thank you.

Answer 1

It depends on what your fee agreement said.

If he was charging you a flat rate, he may not have to return all the money to you.  You would have to figure out how much work he did on the case, convert it to an hourly rate, and then you would get what was owed.

If he was hired on an hourly basis and the $3000 was a retainer you would be owed the remainder of the unused retainer.  If you were paying him $100/hour and he did less than 30 hours of work he owes you the money.

Either way he has to give you a bill and an accounting within a reasonable period of time.  In most cases that is 48 hours.  Call him again and tell him without a bill, you will be forced to got to the Bar and report him.

I'm sure he'll give you a copy of his bill.

You will not recover pain and suffering or anxiety from him so I wouldn't even try.  

Answer 2

What you said to him and what he said to you do not matter very much.

What does your written fee agreement say?

If you don't want to go the Bar, go to small claims court and sue your lawyer for the refund.

Answer 3

Legally he has to document every thing he is charging you for and return all other monies Threaten him with small claims court and do mention this to the bar others should know how he operates