Legal Question in Wills and Trusts in Washington
Can legal be reimbusred if client dies before case finshed?
My Stepson lived in Blaine Washington and recieved a DUI in January 06, he passed away in April 06. I don't know if his case was resolved before he died. But I was told that if there were any legal fees not used, they could be returned to next of kin. He has a 7 yr old daughter and we would like to see the monies if any go to her. No he was not married, my husband, his father has been handling legal matters such as funeral expenses. There is no estate to speak of either.
1 Answer from Attorneys
Re: Can legal be reimbusred if client dies before case finshed?
Please accept my apologies for your loss, and for your granddaughter's loss.
Most criminal defense attorneys consider their fees earned when paid, and require payment up front.
The Bar frowns on that practice, and requires fees to be reasonable. What is reasonable depends on the locality and the reputation of the defense attorney.
The case was resolved when your son was deceased. You should contact his attorney, explain the situation just as you did here, and ask if there are any unearned fees left that could be returned to your granddaughter.
That'll depend on the attorney's fee agreement, and where the matter was in relation to trial. If the attorney had taken a $5,000.00 retainer and made one appearance, then likely there is some unearned balance.
If the attorney just finished trial, on the other hand, chances are the retainer is used up.
Wishing you the best with a difficult situation -
Elizabeth Powell
I know you did not ask this, but is the child's mother helping to support her?
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