Find A Lawyer In Utah
Q.A friend of mine hired a lawyer to handle something in Virginia for her. We're in Utah. She paid him $1000 and then called him back about 2 months later. He basically told her that there was nothing he could do. It doesn't seem to me like he did anything. What can she do? I also told her to get him to send some kind of receipt that shows how many hours he worked on her case and what was done. What would that be called in legal terms?
A.The regulations that govern lawyers in most states require that attorneys have a "retainer agreement" with their clients. This is essentially a contract between the lawyer and the client which specifies such things such as rate and the client and attorney's various duties and responsibilities to each other. Furthermore, attorneys are required by law to exercise the highest amount of care with respect to their clients. This is called a "fiduciary duty." The attorney in question is obligated to report to your friend exactly how many hours he has worked on her matter, as well as the steps he took in handling it. Any unused monies must be refuned back to her at her request. You mention that you're in Utah, where was the attorney? Again, generally speaking, an attorney is only allowed to work on matters controlled by the laws of states (or federal circuits) of the bars to which they are a member. In litigation, there is an exception which allows, on a case-by-case basis, the attorney to argue a matter before a court even though he is not a member of the bar of that state. This exception usually does not apply to transactional matters. Your posting did not specify whether or not your friends issue was litigation or transactional. If your friend is experiencing any problems with the attorney that she is not able to resolve with that lawyer, she should contact the bar of the state to which that attorney is admitted.
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