how long does an attorney have to return a retainer

He has a "reasonable" time to refund the unused retainer, per state bar rules. There is no particular time period other than that, and what is reasonable depends on circumstances. Under almost any circumstance, it is more than a few days.

Full Answer

Can I get a refund for the lawyer retainer fee?

Jan 26, 2011 · Reasonably, it might take an attorney or law firm 30 to 45 days to prepare a final invoice and refund any balance left. However, you seem to indicate that the attorney did not do anything, and moreover, that you already requested an invoice several months ago. Therefore, I think you can start the State Bar complaint process now.

What is a retainer and can I get my money back?

Sep 18, 2014 · How long does a attorneys have to return retainer fee? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. ... Find a lawyer by practice area. Start with your legal issue to find the right lawyer for you. Choose an area of law that your issue relates to:

What happens if you fire a lawyer who has a retainer?

Dec 09, 2013 · How long does an attorney have to return a retainer or balance remaining once the case has been closed? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. ... How long does an attorney have to return a reta... Q&A. Asked in Manassas, VA | Dec 9, 2013 .

What is a retainer for a lawyer?

May 30, 2017 · (973) 567-0954 Email Lawyer View Website A: Unless the matter is a Municipal Court matter, not really sure what you retained them for at this low price. If you sent out a demand letter advising you want to cancel the Retainer and return the fee, it should be a reasonable time but no more than 30 days.

1 attorney answer

Not this long -- however long it's been. I believe misuse of client funds is the number one reason attorneys get sanctioned by their respective State Bars. It's pretty serious to report an attorney to a State Bar as it could result in loss of license and the corresponding inability to work and earn a living...

Steven Andrew Krieger

Not this long -- however long it's been. I believe misuse of client funds is the number one reason attorneys get sanctioned by their respective State Bars. It's pretty serious to report an attorney to a State Bar as it could result in loss of license and the corresponding inability to work and earn a living...

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 ...

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 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.

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.

How much do attorneys keep for retainer?

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.

Do attorneys charge unreasonable fees?

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.

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 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.

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 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 ...

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.

What happens if you lose a contingency agreement?

In a contingency arrangement, you pay no fees up front, and if you lose, you owe your attorney nothing. If you win, however, the attorney retains a set percentage as his fee. Since you do not give the lawyer any money up front, you cannot demand a refund if you fire the attorney before trial. On the other hand, if you replace him with another attorney and continue the litigation, he may and probably will claim part of any attorney fees won by your new counsel.

What to do if you disagree with your attorney?

Bar Association Assistance. If you and your former attorney disagree on the amount of refund you are due, you can usually get help. State and local agencies that regulate attorney conduct in each state, called bar associations, often offer fee arbitration services.