Divorce case Fees refund
3 years ago
my wife filed divorce case. I fixed lawyer for fees of 3 lakh to be paid in 3 installments. I paid 75,000/- and 25,000/- was pending to pay on filing reply. but lockdown happened and we were not able to file response. after waiting for 6 months my wife agreed for mutual divorce. I asked my lawyer bit he is asking full fees of 3 lakh but mutual divorce can happen in 25,000/- to 50,000/- only. I asked for refund of 75,000/- but lawyer refused saying he already prepared papers and he even went to file reply but court not took it due to lockdown.
1 - I have to pay that lawyer remaining 25,000/- or 2,25,000/- or nothing.
2 - lawyer have to refund 75,000/- because he not filed reply. if not 75,000/- then refund 70,000/-
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can request a refund, sure. If, for whatever reason, the attorney refuses, you can request fee arbitration.
If you don’t get your refund within 30 days, you may file a dispute with the State Bar where you live. The lawyer will have to document why he/she earned the disputed fees and the Bar will make a decision based on what each of you proves.
However, refund will depend upon the terms of agreement between you and your lawyer.
The facts are not clear.
The amount of refund will depend upon the agreement between you and your lawyer.
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