how do i get my retainer fees back from bankruptcy attorney

An attorney must refund a client for any unused retainer fees. The best thing to do is send a request to the attorney in writing for a refund of the retainer. The attorney should provide you with an accounting of any time and work performed on your case and, if there is any money left after this time, a refund.

Full Answer

What is a retainer fee for a lawyer?

Sep 26, 2010 · You should first refer to your retainer agreement and determine the nature of the fee. There may be several factors involved including: written or oral agreement; refundable or non-refundable fee; flat fee or billable fee; amount of legal work performed on your behalf; reason or reasons for discharge.

Can I get my retainer back from an attorney?

Mar 25, 2013 · An attorney must refund a client for any unused retainer fees. The best thing to do is send a request to the attorney in writing for a refund of the retainer. The attorney should provide you with an accounting of any time and work performed on your case and, if there is any money left after this time, a refund. Report Abuse DS

Can a client claim a retainer fee after termination of agreement?

Oct 18, 2011 · Answered on Oct 20th, 2011 at 1:20 PM. 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 …

Can I get a refund on a retainer fee?

Open our app in any web browser and do the following: Log in to your DoNotPay account Click on the Chargeback Instantly option Give your bank details and the name of the lawyer to the chatbot Follow the chatbot’s instructions Verify your request …

How long does it take to get a retainer back?

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.

What to do if an attorney does not earn a fee?

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.

What happens if an attorney doesn't show up?

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.

What is retainer fee?

A retainer fee is a prepaid fee used as a guarantee of commitment from professionals, such as lawyers, attorneys, consultants, advisors, and freelancers. It is most familiar in the context of legal services because you pay it when hiring a lawyer and signing a legally binding contract with them. The retainer fee doesn’t guarantee ...

How to get a refund from a lawyer?

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.

What is earned retainer?

The earned retainer fee is a certain portion of the retainer that your lawyer is entitled to at the beginning of their work. The fee is deposited to the lawyer’s trust fund, and it’s usually billed by the hour for the work done. It can also be distributed for legal tasks, additional materials, and other court fees.

How to file a small claims court?

DoNotPay will prepare you for your day in court by: 1 Generating a demand letter you need to send before you file a claim 2 Filling out the court form in accordance with your local small claims court 3 Giving you thorough instructions on how to serve the defendant with regard to your small claims court’s regulations 4 Creating a script that will include all the particulars of your case—damages you seek, what your legal claim is about, and evidence—so that you know exactly what you should say in front of the judge when you go to court

Can you get a refund for a retainer fee?

The retainer fee doesn’t guarantee a successful outcome. If you are displeased with your provider’s services, you can request a refund for the retainer fee in no time at all with DoNotPay.

What is an attorney hired for?

Attorneys are hired to perform a service. They charge a specified fee for their services. Providing the services takes time. If the attorney you hired took time to work on your bankruptcy case, something was done. Services were provided.

Can an attorney get time back?

Since the attorney can’t get the time back, the client is not entitled to get money back. But this all hinges on whether or not the attorney performed any work in relation to the case. If an attorney took time to work on your case, they have earned some or all of the initial retainer. Depending on the situation and what happened after ...

Can a bankruptcy attorney get a refund?

If the attorney was paid and no paperwork was completed or prepared for the bankruptcy case, the petitioner (who never actually became a petitioner) is entitled to a refund. In some cases, they could be entitled to the entire retainer fee.

What happens after retainer fee is depleted?

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 ...

How often do lawyers get paid for retained fees?

The earned retainer fee is paid every month until the case is closed. Sometimes, the lawyer may be paid according to the milestones he has completed, for example, 25% after the pre-trial process, 60% after the hearing, and 100% when the case is determined and closed.

What is an unearned retainer fee?

An unearned retainer fee refers to the amount of money deposited in a retainer account before the commencement of work. The amount serves as a guarantee by the client to pay the attorney upon completion of the agreed work. The attorney cannot claim the retainer fee until he has completed the work and invoiced the client.

What is retainer in legal?

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.

Why do you pay retainer fees?

Also, the retainer fee aims to protect the attorney from unforeseen circumstances in the future that can prevent clients from meeting their obligations.

Why is the fee deposited in a different account than the receiver's account?

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.

Can you claim retainer fee after contract is terminated?

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.