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Can an offer of settlement still be presented to return unearned fees prior to small claims court after a settlement discussion

Atlanta, GA |

In my answer I also let the attorneys attorney know that I have retained a certified auditor to review the billing. A formal report will be produced, presented as evidence in my case and copied to the Georgia State Bar along with my complaint. If the attorney does not agree to refund the unearned fees. Each invoice contained the same billing for approximately 4 attorneys prior to termination and 2 after termination. I basically paid for this firm to retain 7 attorneys with no action taken in my case.

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Attorney answers 3


Your question is quite a bit unclear but if I understand this you are being sued by your attorney and have paid to hire an auditor to analyze his bills. I think this may be overkill as attorney bills are usually not too difficult to figure out. Go to court, present your evidence or better yet, ask the attorney to submit your dispute to the State Bar Fee Dispute Program and have them hear you case. If your attorney is fair and his bills are fair, he should have no objection to having the case presented to the bar.

This is not intended to create an attorney client relationship and none is to be implied either. You must contact an attorney and present all facts before you can and should act on this response



No I am suing the attorney in small claims court, I am pro se he hired an attorney. He was paid a high retainer fee and took zero action until after his firm was terminated. During the 4 month period I had 7 attorneys assigned to my case. My bill reflected the same work over and over and I was constantly inquiring as to the charges. I terminated the firm and requested my retainer back for not completing any action. Once I terminated the firm they took unlawful action after it was very clear they were terminated and requested they return my files. The attorney and I had a settlement discussion. I was willing to settle out of court. Their offer was a totally unreasonable settle request and I am having an audit to analyze the bill and submit the findings along with a complaint to the Bar. I told the representing attorney that this still could be settled out of court but the settlement agreement that was sent was ridiculous. The unearned fees should be returned.


Parties to a dispute are free to settle any time and at any stage. If your dispute is substantial it would be to your advantage to have an attorney to represent you. It may seem like throwing good money after bad, but in fact good legal advice is usually worth what you pay for it.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


The answer to your question (as I understand it) is "yes, you and the lawyer can settle prior to the the magistrate court hearing." Actually, you can even settle "after" the hearing (i.e., if you lose and threaten to appeal the magistrate court judgment, the parties could settle then, too). In essence, the parties are free to settle their claims whenever they deem it in their respective best interests to compromise and settle their claims against one another.

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