Question re funds due back to client when they change their mind?
Posted: Mon Mar 31, 2014 10:03 pm
They agreed to $500 plus filing fee back after I detailed all the work
done.
On Saturday, March 29, 2014, cdcbaa wrote:
>
>
> Holly:
> We added a fee to our retainer of $100 per month for holding a file open
> and taking creditor clause. It is such a pain to bill all of the time when
> a refund is demanded that we added that fee for defensive purposes.
>
> I had a lawyer hire us, referred his creditors to us for two years. You
> can only imagine how many calls for this person. Still demanded a refund.
> I got on the phone with the attorney, questioned the attorney's sanity and
> the lawyer relented. Thereafter, we added the $100/month fee for keeping
> the file active and taking creditor calls.
>
> Don't get me wrong, we explain the fee to each client before they pay, but
> since we added that fee, have not had too many requests for a refund. The
> clients cannot say your office did nothing when they have been referring
> creditors to your office and agreed to pay for that service.
>
> d
>
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Mar 28, 2014, at 9:16 AM, Holly Roark wrote:
>
>
>
> I love that X-Ray analogy. That's so funny. I will bet you though, that
> doctors have had patients ask for their money back when the X-Ray comes
> back negative under the theory that they didn't really need it (see,
> negative!).
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
> On Thu, Mar 27, 2014 at 9:12 AM, Hale Andrew Antico wrote:
>
>
>
> It's only odd when you can go a stretch of time where this DOESN'T
> happen. While "no refunds" clauses are handy, they don't deter debtors
> desperate for dough. They know they gave you some and there's been no
> filing yet. Strangely, these same same people have no problem paying for an
> x-ray that came back negative and surgery is avoided. Anyway, pound the
> contract (no refunds), then pound the fairness (accounting for your time
> and oh look, I earned all my money over two years so again, no refund and
> in fact, you owe me), then out of the kindness of your heart, I'm not going
> to collect the balance you owe me, and lookie here's some not-a-refund cash
> because I'm a super nice person and okaybye.
>
> Hale
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Thursday, March 27, 2014 3:59 AM
> *To:* Strictly Bankruptcy Issues; cdcbaa
>
> *Subject:* [cdcbaa] Question re funds due back to client when they change
> their mind?
>
>
>
> I have a case where clients hired me TWO years ago. It took them the
> entire time to pay me in full, little by little, the $2,000 attorney fee
> plus filing fee and credit report fee. I didn't have it in my retainer
> that we need to file in 6 months or I keep the funds, but it's something I
> am considering including.
>
> Anyway, for 2 years I took creditor calls. Then when they were
> finally ready to file, I prepared the petition. Then it turned out that
> after 2 years their house now has too much equity for a chapter 7. They
> don't want to do a 13. I got the email today; we will be handling this
> ourselves and no longer need your services. Please return our paperwork and
> the funds due back.
>
> Well, I don't want a bar complaint so I probably should give them
> something back in addition to the filing fee, but I know I've well earn
>
>
>
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
They agreed to $500 plus filing fee back after I detailed all the work done. On Saturday, March 29, 2014, cdcbaa <cdcbaamailbox@gmail.com> wrote:
Holly:We added a fee to our retainer of $100 per month for holding a file open and taking creditor clause. It is such a pain to bill all of the time when a refund is demanded that we added that fee for defensive purposes.
I had a lawyer hire us, referred his creditors to us for two years. You can only imagine how many calls for this person. Still demanded a refund. I got on the phone with the attorney, questioned the attorney's sanity and the lawyer relented. Thereafter, we added the $100/month fee for keeping the file active and taking creditor calls.
Don't get me wrong, we explain the fee to each client before they pay, but since we added that fee, have not had too many requests for a refund. The clients cannot say your office did nothing when they have been referring creditors to your office and agreed to pay for that service.
d Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Mar 28, 2014, at 9:16 AM, Holly Roark <hollyroark22@gmail.com> wrote:
I love that X-Ray analogy. That's so funny. I will bet you though, that doctors have had patients ask for their money back when the X-Ray comes back negative under the theory that they didn't really need it (see, negative!).
Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
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