My son's lawyer is refusing to refund a fee paid in the event "the case went to trial". The case was dismissed after the officers did not attend 4 or 5 scheduled motions hearings. The lawyer says that the fee is due him because he prepared for trial in the event the case proceeded to trial immediately after the hearings. A specific trial date was never scheduled. A document was signed by both parties in agreement to the fee in the event the case went to trial. Does my son owe this fee or is this lawyer just refusing to refund?
This lawyer also believes that my son owes an additional amount for this same "preparation" for the trial that never took place.