Without going into great detail, here is the story. I paid an attorney a retainer to handle issues we are having with my wife's ex. We had used this attorney in the past and were satisfied with his service. So, a few days after we pay him and the check is cashed, he has a massive heart attack and dies. He may have done a couple hours of work if that. How do I go about recovering my retainer ? The attorney's secretary says she does not know who is the executor of the estate is or how to go about recovering our retainer. She appears to be still working in some capacity for his practice, so I am not sure how she is getting paid. Do I file a lien? It is getting close to thirty days since his death. I don't want to get into a situation where I wait to long to do something. I also don't want to harass his family that just lost him. Any advice out there?
- Thread starter WRH51
- Start date
Ransack his office.
File the lien, then find out who the executor is. Make sure you have his last billing statement so you have proof of how much per hour you were paying him, and how many billable hours were on the current retainer under your lien.
Basic Business 101 for billables
Basic Business 101 for billables
Here in Delaware when an attorney dies, is suspended or is disbarred the Supreme Court appoints a receiver to wind down the practice. This entails taking control of all the files and bank accounts. Helping the client find new representation and making disbursements from the trust accounts. Unearned fees are supposed to be held in a separate trust account so your money should not be part of the attorney's personal estate. PM me your location and I'll see if I can steer you to the proper agency to find out who to contact.
This is BETTER advice.
A lien will be wasteful with leagle2's advice. Having your billing history, and following leagle2's lead in this will get resolution quicker and a lot easier
Thanks to all for the advice. I have contacted the probate court concerning this. They said that it will be 45 days from his death before anything is filed with them as far as an executor being appointed. The woman I spoke with went on to say that sometimes nothing is filed with them.???? What little I understand about the law, is that the law firms assets are to be separate from his personal estate. Upon his death the firms assets are frozen. I will be calling the probate court back at day 46 and go from there.
As long as he deposited into his trust account, you are fine. The executor/trustee that is appointed will get it returned. Unfortunately, it may take a bit as he/she will need to get appointed, get up to speed, sort everything out, and then, only after making sure everything is accounted for, start administering the estate, part of which is the firm assets, etc. Sucks it will take some time, but it also sucks that your guy up and died.
If he did his estate planning correctly it is unlikely that there will be an estate to probate. I sent you a link to the Tennessee Board of Professional Responsibility. What did they tell you?
Yes thanks again for the help leagle2. I did call them and they told me to call the probate court. What do you mean about not being an estate to probate? His assistant/ secretary had told us that his account were frozen and she did not know who would be the executor. I take it that if his estate planning was done correctly, that the executor would have been named in his plan? Do I need to take some kind of action before this magic 45 day period I was told?
If he he transferred all of his assets into a trust before his death those assets will pass to the trust's beneficiaries outside of probate.
I am not questioning what you were told by the Board of Professional Responsibility but it doesn't sound correct. If he died with a will the executor will be named in the will. Since he could name anyone as his executor I can't imagine the Tn. Supreme Court would allow a non lawyer to "wind down" the practice. The confidentiality issues alone would dictate a lawyer be appointed a receiver of the deceased attorney's practice. Send me a pm with the attorney's name and I'll make a direct inquiry of the Tn. Board of Professional Responsibility.
I am not questioning what you were told by the Board of Professional Responsibility but it doesn't sound correct. If he died with a will the executor will be named in the will. Since he could name anyone as his executor I can't imagine the Tn. Supreme Court would allow a non lawyer to "wind down" the practice. The confidentiality issues alone would dictate a lawyer be appointed a receiver of the deceased attorney's practice. Send me a pm with the attorney's name and I'll make a direct inquiry of the Tn. Board of Professional Responsibility.
Good Job, Leagle2. Interesting turn of events here.
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