Can i get some $ back from a lawyer if my case was dismissed for insufficient evidence, he kept 3500$?

He refused to give some sort of refund and he didnt do anything for my case. The charges were for domestic violence and theres zero tolerance in ca but in my case there was lack of sufficent evidence and the district attorney refused the case. my lawyer says he did work and kept the 3000$ dollers he had asked as a down payment. can i get any of it back or will i lose more if i try, it just doesnt seem fair since he didnt do anything.

10 Answers

  • 1 decade ago
    Favorite Answer

    Not sure in California, but generally it depends upon your deal with the attorney. If it was just an advance or "retainer" for the attorney to bill an hourly fee against, you may be entitled to some money back. However, if it was just a flat fee, regardless of the time spent, he's entitled to the benefit of his bargain. While that may not seem fair, just think about it if the reverse had happened. If your case had gone all the way to trial and the attorney spent way more time than $3,000 worth, you wouldn't be volunteering to pay the attorney more than you had originally agreed upon.

  • Anonymous
    1 decade ago

    Ask him for his final invoice of charges. When you hire an attorney, you sign a representation agreement and in that agreement, you signed to pay for any work done by the attorney.

    He may have been the one who pointed out to the D.A. that they didnt have any evidence. Go over the invoice, look at costs and just how many hours he worked your case.

    If something doesnt add up, call another attorney who specializes in attorney malpractice. If you win your case, your old attorney may be disbarred.

    Chances are, you signed a contract agreeing to pay his legal fees and you won't get your money back.

  • Tara P
    Lv 5
    1 decade ago

    You will probably lose. You can ask for an accounting and to see all the time spent. If he refuses you can file a fee dispute claim with the bar or sue him in small claims for some of it. Odds are he'll be able to account for it. Even if the matter was dismissed, your attorney had to prepare and research. It will all come down to your retainer agreement.

  • 1 decade ago

    Everyone says the lawyer didnt do anything when they lose or get dismissed. He had to do all the paperwork to get the trial, get the judge, meet wth the judge and the other lawyer several times before the court date, pay all the processing fees from the money you put up, etc. Pay his part of the court reporter fees and transcripts, etc. There's more to it than showing up in court. No, you dont get anything back, in fact, I bet you'd probably owe him money all totaled. He still has to get paid for what he did.

    Source(s): experience
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  • 1 decade ago

    I'm glad your lawyer has the money. And I don't give you a snowballs chance in hell of getting any of it back.

    You got off because there was insufficient evidence. I noticed you didn't say you weren't guilty. Maybe you learned something from your experience. 1. Lawyers get expensive really fast. 2. Don't do anything that will get you into a position to need one.

  • Anonymous
    1 decade ago

    That depends on what you signed, and what the $3000 covered. If he kept it despite a clause saying he'd refund it if the case was dropped, go to the Bar Association and ask them how to get him to return the money. They'll probably assist you.

  • 4 years ago

    the example of someone blockading the doors is on video, and is sparkling-shrink. the beef of the allegations, claims of epithets geared in the route of whites and conservatives attempting to forged ballots there, became no longer stuck on that videotape, although. for this reason, the declare of "inadequate information" is probable functional hostile to 2 of the three and the corporate, yet no longer all 3. The case became no longer a "slam dunk" as conservatives declare, yet i believe it really is going to have proceeded to motions. it truly is, till there's a touch-properly-known 2d unique video of a similar incident. BTW, in the adventure that they were dressed up like Klansmen, they may be problematical the regulation on intimidation using the grounds that were given "honest amenities" struck down.

  • 1 decade ago

    i don't think he will refund yr $ b/c u went to court and the steps were taken and rather u won or not u still used his services.

  • Anonymous
    1 decade ago

    no, that is his payment, that is how it works,

    that is why they are "criminal attorneys"

  • cork
    Lv 7
    1 decade ago

    He was hired...

    He did his Job...

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