How to request a refund from Bad Lawyer?

Asked about 3 years ago - Ontario, CA

My friend engaged a lawyer to represent his immigration case in Ninth circuit court in November 2004, but in 2011, he found out that his lawyer had not yet admitted to practice before the Ninth circuit court, his lawyer only admitted to practice before the Ninth circuit court on November 2005. Based on this fact, can my friend ask for a refund from this lawyer? What should he do to get a refund from his lawyer?

Thank you in advance for an answer.

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20

    Answered . A recent case addressed a very similar issue with surprising (to me) results:
    Warner v. Reiter, No. C 09-06030 RS, 2010 WL 4704310 (N.D. Cal. Nov. 12, 2010).
    The district court denied a request for sanctions against a lawyer who filed a client's "pro se" pleadings in a bankruptcy proceeding, but promptly applied for, and was granted, admission when the issue was raised.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . He should write a letter to the attorney asking for a refund. In this instance, there may be grounds, but generally there is no obligation for an attorney to refund fees paid. An attorney cannot guarantee success.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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