quantum meruit?

[harveylou]

My solo lawyer is gone,

& I already paid.

the folks closing down the office, won't give my $$ back ,they say due to quatum meruit
but there was (NO work done on case) zero, zip ,nada

to claim quantuim meruit would they have to
#1 prove that some work was done &
#2 prove that I could benefit is some way?

just to hand me back a worthless file & keep my $$$
seems very dishonest

thanks

 

[jharris352]

I would file a bar complaint. Yes they have to show you something. Further I would sue in small claims court.

 

[army judge]

My solo lawyer is gone,

& I already paid.

the folks closing down the office, won't give my $$ back ,they say due to quatum meruit but there was (NO work done on case) zero, zip ,nada

to claim quantuim meruit would they have to
#1 prove that some work was done &
#2 prove that I could benefit is some way?

Your understanding of quantum meruit is not exactly on point.

QUANTUM MERUIT:Means, simply, as much as he deserves.

When you employ someone to do work for you, without a contract specifying what he is to be compensated; the law implies a promise from, the employer to the one employed that he will pay him for his services.

That means, simply, as much as be may deserve or merit.

You would have to prove that he did less that what you agreed upon him doing.

Absent a contract (or a retainer), you'll be hard pressed to recover anything.

That is why, most attorneys provide a written retainer that specifies what is to be done for a specific compensation.

The plaintiff may posit via declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth a particular sum of money.

The plaintiff then alleges the defendant has failed to pay.
This is called an assumpsit on a quantum meruit.

Barring an express contract for a stipulated amount of compensation for specified services, the plaintiff cannot abandon the contract and resort to an action for a quantum meruit on an implied assumpsit.

 

[harveylou]

thank you
& I have a contract that says( X matter for Y flat fee) & proof of payment in full

of $13,000.. but then lawyer died

so I get ZERO & they won't return my $$$

thank you, it seems since they cannot prove any work done & hence ,I would get no benefit I would be entitled to a full refund..thank you

 

[army judge]

thank you
& I have a contract that says( X matter for Y flat fee) & proof of payment in full

of $13,000.. but then lawyer died

so I get ZERO & they won't return my $$$

thank you, it seems since they cannot prove any work done & hence ,I would get no benefit I would be entitled to a full refund..thank you

You have the goods on someone.
Unleash the force and fury of a lawsuit.
Its always a great day when someone gets sued!
You should get your $13,000 back, unless the estate has been pilfered, looted, or bankrupted.

 

[harveylou]

thanks for your support, I just want my money back & tried to work things out..without going to further lengths due to the hassle
But I guess it is my only option.
thank you for your knowledge & support