I signed a contract with a criminal attorney and paid half of the flat fee. Can I change my mind?

Asked 12 months ago - New York, NY

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My parents found another attorney on the same day. If possible, how much of what I paid to the first attorney can I get back?

Additional information

The contract was signed only 2 days ago for a minor misdemeanor

Attorney answers (4)

  1. Contributor Level 20

    6

    Lawyers agree

    Answered June 02, 2012 21:06. Lawyers have to earn their fees, even in flat fee arrangements (which is common in crimi al cases). If the lawyer hasn't don't the work to justify the amount of money that you paid him, you should be able to get a refund. Discuss it with him/her and see what s/he has to say. If you don't reach an amicable resolution you are entitled to arbitration and the attorney must advise you of that.

  2. Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered June 02, 2012 21:11. You can always change your mind. Most attorneys will figure out how much I the fee has been earned and return the rest. The sooner you let him know the better otherwise there is a chance he may continue to put time into the case and therefore cost you more of that initial fee.

  3. Contributor Level 20

    1

    Lawyer agrees

    Answered June 03, 2012 05:34. You can change your mind and you should get back all but the time spent on the initial consultation.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Contributor Level 20

    1

    Lawyer agrees

    1

    Answered June 02, 2012 15:57. First of all...since you signed a contract, it would depend on what the contract says. Contrary to what many people think, there is no automatic right to rescind a contract within 3 days, in most cases. Still, given the circumstances, the lawyer may be willing to give your money back. I would review the contract and then I would ask.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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