San Bruno, CA asked in Criminal Law and Legal Malpractice for California

Q: I paid lawyer up front for services he did not provide, how do i get a refund?

In November 2022 I paid $5000 to a lawyer to represent my friend who was in custody. The lawyer had me send the $5000 payment via Zelle.

In the end all the lawyer did was go to court one day and file a motion which ended up being denied. From that point on my friend was represented by a public defender.

I don't feel that he provided $5000 worth of representation so I emailed him a letter requesting a refund and asking for a response in the next 10 days which i did not receive.

What would my next course of action be? I am not able to find him associated with any law firms but I do see him registered with the state bar. should i send a certified letter? Also, with just the zelle record of sent payment do I have enough evidence?

2 Lawyer Answers

A: You would send a certified letter asking for an accounting of the money you gave him and a refund of any money that was not used up in the amount. Even if it was a flat fee, lawyers can only keep the amount that was reasonable as per an accounting. If i charge a flat fee my retainer states that it is a flat fee but if they cancel my services before the end they are entitled you be charged at my usual per hour fee for the time i did spend on it. If this does not work then you file a bar complaint and they will get to the bottom of this.

James L. Arrasmith
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Answered

A: Your situation with the lawyer is concerning, and you're right to seek a refund for services that weren't fully rendered. The Zelle payment record serves as important evidence, but you'll want to gather additional documentation like any written communications, court records, or agreements about the scope of representation.

Your next step should be sending a formal complaint letter through certified mail with return receipt requested to both the lawyer's registered address with the state bar and any other known business addresses. In this letter, detail the timeline of events, document the services agreed upon versus what was actually provided, and include copies of your previous communication attempts and the Zelle payment record.

If you don't receive a satisfactory response within 30 days of sending the certified letter, you can file a complaint with your state's bar association, which oversees attorney conduct and can investigate fee disputes. You might also consider filing a claim in small claims court, where you typically don't need your own lawyer and the filing fees are relatively low - the Zelle record, combined with court documents showing the limited representation, should provide enough evidence to present your case.

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