How can I get my deposit back from a lawyer who did not provide legal service for which the deposit was taken from me?
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How can I get my deposit back from a lawyer who did not provide legal service for which the deposit was taken from me?
This attorney collected $5,000 “deposit” (that’s what he called it on the his version of a fee agreement) to represent me in court and to clear the name of my brother because his name was wrongly associated with a criminal conviction. He didn’t earn those fees because: a) he didn’t show up at my arraignment, as court documents show a public defender as my counsel on record; and b) my brother ends up filing a petition for certificate of identity theft, appears in court to plead his case, and get issued a Certificate of Identity Theft–Judicial Finding of Factual Innocence–on his own.
Asked on May 9, 2012 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If a lawyer did not fulfill his professional obligations--including by not showing up for court--he may have committed professional malpractice. The way to seek the return of your money, and possibly other compensation as well, is to sue the attorney for malpractice. This can be a complex case to make, since it requires some knowledge of the attorney ethical/professional standards and also court rules; on the other hand, there are attorneys who specialize in this. You should consult with an attorney who handles lawyer malpractice cases.
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