How to Obtain a Refund of Unearned Fees You Paid Your AttorneyIf you attorney has died, closed their office, or is otherwise not able to be located, here are some suggestions for locating your client file or documents, like a will. If Your Attorney Has Died If your attorney has passed away and you want to get a refund of the full retainer fee or any part of the unearned retainer fee you paid the attorney, take these steps: Contact the attorney’s office to see if someone has been appointed or designated to sign checks on the attorney’s trust account, ask them to return any unearned fees to you. If the attorney’s office is closed or no one is responding to your calls or attempts to contact the office, contact the State Bar of Texas Law Practice Management department at lpm@texasbar.com to determine if your attorney named another attorney who agreed to assume responsibility for contacting clients, returning their files or any client funds. Determine if there is an administrator or executor of the attorney’s estate, contact that person, and file a claim against the estate. Check with the probate court in the county in which the attorney lived to …
Locating Your Client File, Documents, or Will
January 18, 2024Locating Your Client File, Documents, or WillShare this PostIf your attorney has died, closed their office, or is otherwise not able to be located, here are some suggestions for locating your client file or documents, like a will. 1) If the attorney has died: Contact the State Bar of Texas Law Practice Management department at lpm@texasbar.com to determine if your attorney named a custodian attorney, which is another attorney who closes the office and agrees to assume responsibility for contacting clients to return the files or client funds but does not take over handling the client’s case. If the attorney has recently died and did not name a custodian attorney, contact the building supervisor, landlord, or other tenants in the attorney’s office building to see if they know where the files have been stored. Check the probate filings in the county in which the attorney lived to see if an administration of the attorney’s estate has been filed. If so, see if an executor or administrator of the estate has been appointed because they are likely to know where the client files have been stored. Many counties now allow people to search the probate filings online. The easiest …
What to do if Your Attorney Dies, Disappears, Becomes Disabled, or is Suspended or Disbarred
What to do if Your Attorney Dies, Disappears, Becomes Disabled, or is Suspended or DisbarredWhen a client is unable to contact an attorney for any reason Client’s valuable legal rights may be compromised. Therefore, it is important to: 1) obtain your file; 2) ascertain the status of the case, including any pending deadlines or court settings; and 3) hire new counsel if you are unable to locate your attorney. The following are suggestions that may assist you in protecting your rights and ensuring that your legal matter is handled appropriately. 1. Gather information regarding the location of your file a. If the attorney disappears, first try to ascertain where/if s/he has relocated. To ascertain if the attorney has relocated: Contact the State Bar of Texas to determine if the attorney has provided new contact information; If not, contact the landlord of the building to determine if the attorney left a forwarding address; or Send a letter, certified mail return receipt requested, to determine if/where the letter is delivered (you may have to check the USPS website for the location of the delivery). b. If the attorney becomes disabled or dies: Determine if another attorney has agreed to assume responsibility for …
What To Do When Your Boss or Relative is No Longer Able to Practice Law
What To Do When Your Boss or Relative Is No Longer Able to Practice LawA Checklist for Staff and Family Members When an attorney is, with or without warning, unable to practice law and is a sole practitioner, what to do with the attorney’s law practice can be bewildering to the attorney’s staff, if there is any staff, and devastating to the family. This checklist is intended as a guideline to help the incapacitated or deceased attorney’s staff and/or family to close down the attorney’s practice. First, remember that although it may seem an impossible task to close down an attorney’s office, it has been done by others, including those without any legal experience, and it can be done by you. For remaining staff, if there it is any way you can afford it, please consider staying around to help close down the practice. Some staff might agree to help close the practice while looking for another job, helping out a few hours here and there. The family will be very grateful. For the family member left with the attorney’s practice, try to get the attorney’s staff to stay with you for at least a month to help close down …