Location: Kentucky
I retained a family law attorney (who specialized in domestic abuse cases) to help me divorce my husband after a 20+ year marriage. I paid her a $2,500 retainer. We met once for about an hour and had two brief phone calls. No paperwork was filed, though I did provide a thumb drive with financial documents she requested.
After I left my husband, I eventually decided to reconcile and emailed the attorney to let her know I didn’t plan to move forward. I asked about a partial refund, and she responded that it was no problem, but she was in the hospital and might need some time. I replied with understanding.
A few weeks later, when I followed up, I discovered she had sadly passed away.
I don’t expect the full retainer back—she did spend some time on my case—but I’d like to know what my options are for requesting the unearned portion. I have the payment receipt and our emails/texts confirming her agreement to refund me.
How do I proceed now that she has passed? Should I contact the state bar, her estate, or both?
Thank you in advance for any guidance.
ETA: She was a solo practitioner.
Comments
Was she a solo practitioner or had partners? Contact the office partners or the office administrator.
If she was a solo practice and you have proof of refund in writing you can file a claim with her estate, assuming she has any funds to provide you.
Also call the law board/bar in KY and ask if anyone has been assigned to take over ongoing cases. That may also help but they may not give you a refund.