Company Response
11/19/2021
The complainant retained Burga Law Firm PC on May 26, 2020, to perform a FOIA request, which entailed our office obtaining all immigration records on his behalf. At this time, the complainant was informed of the lengthy processing times and procurement of such records due to the pandemic, where he was dully explained that the results could take up to a year or more. Following the receipt of his records, the complainant received a follow up appointment to review his eligibility for further legal representation and indication of completion of performance of the same.
On October 26, 2021, the complainant signed a contract with Burga Law Firm PC detailing the procurement of his I-130 petition for alien relative through his United States citizen spouse in the amount of $2,500 not to include a $535 filling fee to be paid at a later date. The said contract clearly illustrates that in the event any client wishes to terminate legal representation, a refund will be given in the amount of any unearned fees minus the work completed in billable hours from initiation of the contract. On the same date, after receipt of payment in the amount of $2500, the complainant was asked to sign necessary documentation initiating attorney representation and application review in connection with the retained process. In addition, he was verbally walked through the process to follow, as well as explained in detail and provided with questionnaires and list of remaining documentation required for the submission of his application. Following his departure from our office, the complainant was afforded access to an electronic case portal for the retained services, the creation of his physical file, and assigned a paralegal who initiated preliminary filing duties and application processing.
On November 2, 2021, the complainant contacted Burga Law Firm via phone and stated that his spouse no longer wished to assist him with the retained process. As a result, our office contacted the complainant to inform him of whether there was a need for additional clarification or information to assist in aiding his application process to continue, however, the complainant stated that his spouse was near the point of leaving him and did not wish to continue. As a result, the complainant was verbally informed that a thorough review of the work completed on his case thus far would be conducted, and the amount of any unearned fees would be given as a reimbursement.
On November 5, 2021, our office contacted the complainant to inform him of the work that was completed by our office as well as informed of the hours billed and the work completed thus far. It was at this time that the complainant was informed that he would be receiving a refund in the amount of $1480. The complaint was unhappy with the response, however, was duly reminded that he signed the contract that clearly illustrates the same. In addition, he was prompted that his choice to terminate his case did not entitle him to a complete refund due to the amount of work that had been executed in his case thus far. It was at this point that the complainant stated he was going to obtain a second opinion, which our office acknowledged his right to do so. At this time, the complainant was verbally informed that our office would be putting his case on hold and await further contact regarding his final decision and the issuance of the reimbursement or whether he wished to continue his case. As of date, we have yet to receive any contact or response from the complainant.
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