Galveston attorney asserts disputed fees are non-refundable

GALVESTON - A Galveston attorney who is accused of failing to return a client's file insists he did not violate any rules, recent court documents say. 

Anthony P. Griffin filed an original answer before the Galveston County 10th District Court Aug. 27 challenging the Commission for Lawyer Discipline's lawsuit against him.

The CFLD is suing Griffin on Kristina Garza's behalf on grounds he would not refund her money after numerous attempts to contact him to ascertain the status of her employment retaliation case were unsuccessful.

Garza wanted the funds in question - in the amount of $4,100 - back because she was moving out of state.

According to the suit, the defendant reportedly promised the client he “would look at her file and call her back,” but he failed to do so.

Garza wrote Griffin in August terminating his services and requesting a detailed invoice and her file, however, Griffin did not follow through.

In his 4-page response, Griffin asserts that the plaintiff moved to not pursue litigation and was informed "that counsel was not an insurance company and that work had been performed on her behalf and that she was not entitled to a retainer refund."

He adds the agreement between them was that the retainer was non-refundable.

"The respondent had kept in touch with the client, the fee in question was not illegal or unconscionable and the lawyer engaged in activity to protect the client's interest," the document says.

Case No. 12-cv-1732