Question re funds due back to client when they change
Posted: Fri Mar 28, 2014 9:16 am
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 earned
> my fee.
>
> How do you recommend handling this?
>
>
>
> --
> 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.**
>
>
>
>
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
The post was migrated from Yahoo.