how to gef retainer back from an attorney

You are entitled to refund of your retainer if the attorney has not performed the legal services that he or she agreed to provide you. If the attorney does not respond to your telephone calls, send him or her a letter. If that does not work, you should contact the State Bar.

Full Answer

What is earned retainer?

What is retainer fee?

What to do if your lawyer refuses to refund you?

What to do if your lawyer denies your refund request?

How to file a small claims court?

How to get a refund from a lawyer?

Can you get a refund for a retainer fee?

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How do I get a refund for a retainer fee if the attorney passes away ...

I agree with the other attorneys. Hopefully, the LSBA can assist and direct you. However, if the retainer is not promptly paid, because a successor attorney has not yet been appointed, you do not have to necessarily wait for the attorney's probate to be opened.

Can I get my retainer fee back from my lawyer? - Avvo

Can I get my retainer fee back from my lawyer? I have had a lawyer since May of this year, I have only gotten to speak with her twice and not long at all, everything else has been done through a paralegal.

How can I get my retainer fee back from my attorney?

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.

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.

Scott R. Scherr

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.

Robert L. Flanagan

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.

How to get a refund from an attorney?

This is an informal process in which both the attorney and client present their positions before a neutral third party who decides the matter for them. Alternatively, you can file a claim for money due in court. Depending on the amount at issue, small claims court might be a good option. If the amount in question is large, consider retaining another lawyer to advise you.

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.

Can a client fire an attorney?

Just like some marriages end in divorce, some attorney/client relationships flounder. Since a client always has the right to fire her lawyer, ending the relationship is easy; figuring out the finances can be more difficult. Whether you are entitled to a refund, and size of that refund, depends on the type of fee agreement you signed with the attorney.

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.

What is retainer fee?

One of the ways of handling legal fees is for an attorney to charge an upfront amount called a “retainer” Just as the word “retainer” implies, this amount of money retains an attorney’s services until the retainer fee is used in full, Here it should be noted that many attorneys will keep the entire retainer amount whether, in the course of representation, the money is used entirely for your benefit or not.

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.

What is retainer fee and why you need to write a letter to get refund

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 .

Sample Letter format to request retainer fee refund

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.

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 to do if a Texas attorney does not respond to your complaint?

Contact the Texas State Bar. File a complaint if he does not respond to you after you demand your file and return of your money.

How to fire an attorney?

You can fire your attorney by simply saying "your services are no longer required." Then request that any amount of retainer left unused be returned to you.

Is there a fee arbitration procedure?

Possibly. There is a fee arbitration procedure. Try searching for it online. Maybe "NY attorney fee dispute arbitration" would get you there.

Can you continue with attorney client relationship?

It really depends on the language in the retainer agreement. Regardless, you really need to find out what happened to your attorney and whether you can continue in the attorney client relationship if you feel uncomfortable with their dedication to your case.

Can you complain about a lawyer in Texas?

I don't know, it depends on the contract you all signed. However, you can always call the State Bar of Texas and complain about him.

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.

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 to do if your lawyer refuses to refund you?

If your lawyer decides to ignore you and declines your refund request, you can turn to DoNotPay for help. We can get you a refund from anyone, even companies that don’t give refunds. You have a 98% chance of successfully getting a refund with us by your side. Open our app in any web browser and do the following:

What to do if your lawyer denies your refund request?

If they deny your refund request, you can file a complaint with the Bar Council that your lawyer is a member of.

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

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.