How to break a pre-paid contract? - 未名空间MITBBS历史存档

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How to break a pre-paid contract?

How to break a pre-paid contract?# Law - 律师事务所

b*n2006-11-10 08:11

1 楼

Let's say I hired a lawyer to handle a case, and pre-paid
an itemized 20 hours of court time. Because the case
moved to trail, I decided to change the lawyer, can I ask
for a refund of the pre-paid court fee?

w*o2006-11-10 08:11

2 楼

did the first firm characterize the prepaid court fee as nonrefundable,
fixed fee? if the fee is not excessive and you have do not wish to file a
complaint against the services from the first firm, it is highly unlikely
you will get those prepaid amount back.

l*h2006-11-10 08:11

3 楼

You might. Unless you and your attorney have some really unusual agreement,
he should be holding the unearned fee in trust and must return it to you
upon demand. Many states require that lawyers hold the "pre-paid" fees in
trust for their clients until the fees have been earned. In other words, if
you fire your lawyer half way through the case, he must give to you the
unearned portion of the fee. Refusing to do so will get the attorney
disciplinary actions.
Just some thoughts. Your best bet

b*n2006-11-10 08:11

4 楼

agreement,
if
I took a business law class (for non-law students) years ago, so I think
in theory the cost breaking any contract is the real cost on the other side.
However, that all I know, and thank you for the reply.

【在 l*********h 的大作中提到】

: You might. Unless you and your attorney have some really unusual agreement,
: he should be holding the unearned fee in trust and must return it to you
: upon demand. Many states require that lawyers hold the "pre-paid" fees in
: trust for their clients until the fees have been earned. In other words, if
: you fire your lawyer half way through the case, he must give to you the
: unearned portion of the fee. Refusing to do so will get the attorney
: disciplinary actions.
: Just some thoughts. Your best bet