Q: can a lawyer agree to a set fee and then once fired charge you hourly fees and not refund a signicaint amout of money
nothing was ever signed in a contract all verbal
A: The problem you are going to encounter is that there was no written contract. Thus it will be your word against that of the lawyer. However, you can contact the VA State Bar to obtain more information on how to best deal with this situation.
A: The Virginia State Bar Professional Guidelines (Rule 1.16) provide that upon termination of representation, a lawyer shall …[refund] any advance payment of fee that has not been earned…” If you had a Retainer or Fee Agreement with the attorney, it would likely have stated the hourly rate, or what hourly rate will be charged upon termination. Attorneys are allowed to keep a “reasonable fee” for work performed on your behalf even if representation was terminated. You can ask the attorney for a detailed accounting of how the money kept by the attorney was earned. If you feel like the amount is unreasonable after you've seen the accounting, you should contact the Virginia State Bar.
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