A couple of weeks ago, I had an interesting encounter with a cousin of mine. He wanted my opinion before contacting his lawyer.
He had retained this lawyer to help him with a personal matter, and now that the situation has been resolved — and satisfactorily, he admits — he wanted to close his account with the lawyer. To facilitate that, he emailed the lawyer a request for an accounting of his charges and a return of the portion of the retainer that still remained in his account.
The lawyer did as he was asked and sent an accounting of the charges — showing a remaining balance of $500 — but, as he told my cousin before, the retainer was nonrefundable.
This was what had gotten my accountant cousin so upset. He felt that he should be able to get the unused portion back. The lawyer had taken advantage of him by taking something that did not belong to him — something that he had not earned.
To make his point, he drafted an email and wanted me to review it before sending it.
In the email, he shared his frustration. He went as far as to write that he felt betrayed by this professional who was supposed to be a trusted advocate and advisor. He proceeded to tell the lawyer everything that was wrong with the accounting practices within his firm… and if he wanted other clients to feel just as betrayed as he did, then continue on his current path.
As I finished reading, my cousin added that he's so upset that he's prepared to go on the Internet, share his complaint through various social networks, and lead a negative campaign to stop this small law practice from stealing money from other unsuspecting and trusting souls.
Yes, he’s ready to destroy this man’s practice over $500 — because it’s the principle of the thing.
I listened… and listened… and listened. When he was done, I asked a question.
From what he told me, the lawyer is competent, easy to talk to, and genuine. He prevented my cousin from having to go to court and saved untold court costs and other legal fees in the process. The only issue he seems to have is his wanting to close the account before the remaining $500 is used up.
If that’s the issue, is there another legal matter that this firm could help him with, thereby using up the $500 instead of forfeiting the retainer?
The main question is: If the lawyer did a good job for him, does he really want to sever that relationship?
If he sends the email as drafted, he would, most certainly, sever the relationship and would not be able to turn to that lawyer again. Is that what he really wants to do?
He stopped for a long moment. In that moment, I saw him switch from an angry accountant who focused on the calculated figures to a person who valued relationships over dollars.
Because he didn’t want to sever the relationship, he decided to take the weekend to calm down before doing anything more.
****
Weeks later, I asked my cousin if things worked out with the lawyer situation.
Yes, it did. He did some research and that it was customary for lawyers to have nonrefundable retainers. He also realized that he was really angry with himself for not keeping “on top” of the accounting issue in the first place. It was just easier to blame the lawyer instead.
In the meantime, the lawyer had called him and told him that the account would remain opened; and the remaining balance would be available for my cousin whenever he needed legal help.
So, yes, things worked out; and it always will, when one places relationships ahead of everything.
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