You may want to get a refund from your attorney. In this case, you must write a letter. Here is a sample letter format that you can send your lawyer to break up the relationship with him and make a request to refund your retainer fee.
Full Answer
The best way to get a refund is to ask your lawyer directly—you can either send a letter or call them at the office. See if you can set up a meeting to discuss the termination of your agreement and your refund payment. Make sure they give you back all the case files and court documents but keep in mind that they might charge you for them.
Oct 18, 2011 · An attorney is obligated to represent you and show up in court for your cases if you have retained him. If he is not doing his job or is not showing up you have a right to fire him and/pr ask for your retainer or at least part of your retainer back. If he doesn't return it, you can always sue him in small claims court and/or report him to the state bar with a grievance.
Jan 14, 2015 · 3 attorney answers. The language of the retainer agreement would control how much of a refund you would receive. The attorney would need to itemize his or her time and you would usually be entitled to a refund of the remaining portion of the retainer.
Oct 31, 2014 · As far as obtaining a refund of your "retainer", it will depend on the nature of your fee agreement. Many people commonly confuse a "retainer" with what is generally called an "advance fee deposit." A retainer is normally considered the property the attorney upon payment and is usually paid to the attorney to simple "keep the attorney available" for work.
Write him a letter giving him 5 days to return your retainer since he didn't do any work. If he claims he did some work demand an intemized billing. Tell him in the letter that unless you get your retainer in five days you will contact the State Bar.
If the attorney did not earn the fee, you should be able to get it back by asking. Maybe a personal visit to the office would help. Otherwise, you could file a grievance with the attorney grievance commission.
An attorney is obligated to represent you and show up in court for your cases if you have retained him. If he is not doing his job or is not showing up you have a right to fire him and/pr ask for your retainer or at least part of your retainer back. If he doesn't return it, you can always sue him in small claims court and/or report him to the state bar with a grievance. Call him and leave him a message saying you are going to file a grievance in 24 hours unless you hear from him. That should get his attention.
The language of the retainer agreement would control how much of a refund you would receive. The attorney would need to itemize his or her time and you would usually be entitled to a refund of the remaining portion of the retainer.
The implication of your inquiry is that the lawyer has been sitting on your case for 4 1/2 months with no reasonable explanation for the lawyer's inactivity. I am assuming that is so for purposes of providing an answer. If you have a right to demand a refund, you may have to ask for it.
If it is clearly a retainer fee, all unused portions of the retainer fee, at the end of the engagement, should be returned to the client. Talk to the attorney and ask them why the delay (if any) for the case. The attorney has an obligation to communicate with you if you reach out to that attorney.
Before you make any judgments about whether your lawyer is working in your best interests you should make an appointment to see her, go over your engagement contract and go over her billing to date. Have her explain the request for continuance and the trial date setting as well as the pre trial.
You will only be entitled to the amount of retainer remaining in the trust account after paying the attorney for work performed by her office (including the work of the paralegal). It sounds like she did seek a continuance, as requested, and it was denied by the court. The attorney cannot control the court's orders.
While I am not licensed in Indiana, there are a few "general" principles that apply. First -- the client can always fire his or her attorney. In fact you have the ethical right to do so. As far as obtaining a refund of your "retainer", it will depend on the nature of your fee agreement.
If you’re worried about your attorney retainer fee, you should consider moving on with the following tips.
If there is no option except the retainer fee payment, you should learn how much you should pay. There are different retainer fees for different attorneys. An experienced attorney may charge more fees than a fresh one. Also, this fee may vary from region to region. Some cases are complicated, while the others are easy and simple to handle.
If you’re on a retainer, it means that your client is going to pay you an additional amount to hire you in advance. You’ll have to pay his retainer by offering them your services to resolve certain disputes. This retainer fee will be according to the hours of working for the client.
Any dispute needs the special services of an experienced attorney for a proper and quick resolution. However, most experienced attorneys demand a retainer fee to proceed with any case. Without this fee, they don’t agree to move on with you. However, in complicated situations of disputes, you may suffer while managing the retainer fee payment.
If the case takes more work than is covered by the retainer, the attorney will bill the client for more. However, if the case takes less time than the initial estimate, the attorney will refund the client the excess amount. The majority of bar associations prohibit attorneys from charging a retainer fee that represents more hours ...
Once a client signs a representation agreement with an attorney stipulating the retainer fee, the client is required to deposit the fee in a special account. Any time the attorney works on the case, he keeps track of the hours spent and invoices the client at the end of the month.
Additionally, a retainer fee does not ensure a successful final output. Once the payer and receiver have agreed on the work to be performed, the fee is sometimes deposited in a different account than the account of the receiver to ensure that the funds are not used for other purposes.
Once the payer and receiver have agreed on the work to be performed, the fee is sometimes deposited in a different account than the account of the receiver to ensure that the funds are not used for other purposes.
Once the agreement is terminated, the client may claim the balance of the retainer fee after paying the attorney an amount equivalent to the number of hours worked.
After the retainer fee is depleted, the attorney may bill the client in several ways. The first option is to enter into a contingency fee agreement with the client. A contingency fee agreement provides that the lawyer does not get paid unless he wins the case. If the case ends in favor of the client, the attorney takes a percentage ...
The retainer is usually a fixed amount that the client commits to pay the attorney on a monthly basis in exchange for the opportunity to engage him in the future when legal issues come up.
Many attorneys will simply keep the entire $3,000 of your retainer fee. Thus, the difference of the $250 per hour or $2,000 for 8 hours leaves a balance of $1,000 not used on your behalf and not returned to you.
But, it is often said attorneys charge an unreasonable amount for their services. Of course some do. However, if you understand the ways attorneys handle their fees, you can select an attorney who best suits your idea of fair dealing and you can often get an outstanding representation for a fair and reasonable fee.
Retainer fee is the fee you paid for your attorney who is typically a lawyer. What if you have paid fee to your lawyer who did not serve the purpose ? You may want to get a refund from your attorney. In this case, you must write a letter .
I, _________ (Your name here), became a client for you on _________ [Write the date of meeting / agreement here). I have paid retainer fee. Still now no action is taken from your end to resolve my issue, __________ (Write the exact issue here). Now I want to close this client agreement and don't require your service in this matter.