Although a small non-refundable retainer perhaps could be justified, the non-refundable amount of $5,000 was simply too much to "retain a firm." This provision creates the likelihood that substantial amounts of the client's money could be forfeited to the attorney without regard for the amount or value of attorney services performed. The committee is also concerned that the amount of the retainer might unduly influence the client's decision regarding whether to attempt reconciliation since the forfeiture of the retainer would result.
Full Answer
Jan 11, 2015 · As the other attorneys have stated, your agreement with the lawyer, which should be in writing, will determine what the true meaning of non-refundable retainer is. I would suggest consulting with someone to look it over and see if you have any option to recover part of the money. Please note that the above answer is not intended to be legal advice.
Jul 11, 2012 · My lawyer presented me with a $5000.00 Retainer Fee before starting with my case. On top of that $200.00/hr work, $100.00/hr for her paralegal and other expenses. When and if we go to trial she wants again $5000.00 Retainer Fee + $1000.00 per court day.
While it is important to differentiate these types of paid-in-advance fees so that both lawyer and client clearly understand the nature of the fee paid, it is improper for the lawyer to refer to any fees as “nonrefundable.” “ [N]o fee is truly ‘nonrefundable.'” (2000 FEO 5) This is true because of the cardinal rule prohibiting clearly excessive lawyer fees.
Key Takeaways: A retainer fee is a payment made to a professional, often a lawyer, by a client for future services. Retainer fees do not guarantee an outcome or final product. Portions of retainer fees can be refunded if services end up costing less than originally planned.
A true retainer is earned upon receipt (and is therefore non-refundable) because it takes the attorney out of the marketplace and precludes him or her from undertaking other legal work (e.g., work that may be in conflict with that client).Mar 30, 2016
Calculate the Retainer Fee Multiply your hourly rate, with tax included, by the number of hours required to get your retainer fee. Any other expenses should be added to this number, such as supplies or processing and legal fees.
In a “true” retainer fee arrangement, in exchange for the client's payment of an agreed-upon amount, the attorneys commit themselves to take on future legal work for the hiring client, regardless of inconvenience, other client relations, or workload constraints.
A retainer fee is fairly normal practice. A retainer means you're pre-paying for work to be performed later, so that your attorney can be assured that there will be enough funds to cover the expenses of the case. It is still your money until the work is actually performed or the expenses are incurred...
Depends on what the Agmt says. Most retainers provide that the lawyer must put the retainer into his trust account and can tap it only to the extent of bills sent for services actually rendered. Any amount not billed for must be refunded. Occasionally a lawyer’s retainer Agmt will call for a “nonrefundable” retainer, which means he has earned it just by taking the case; any work is an additional charge at his hourly rate...
Special retainers are more properly categorized as an advance payment for future services and/or a security deposit to ensure that future bills are, in fact, paid. The problems addressed in this article stem from lawyers’ attempts to label and treat such advance payments as “nonrefundable” or “earned upon receipt.”.
1.5, the Arizona Supreme Court added a new subpart 1.5 (d) (3) which specifically addressed the circumstances under which a lawyer may charge a fee termed “earned upon receipt” or “nonrefundable.” 1 After more than a decade of experience with the Rule, a number of recurring problems and practical difficulties have become apparent. This article will examine the history of nonrefundable or earned on receipt fee in Arizona, the problems that have arisen, and suggest alternatives to eliminate or at least reduce future difficulties.
It is a fee paid to ensure the lawyer’s availability for a representation that may or may not be necessary in the future. It is sometimes characterized as an option agreement in which the client purchases the right to call upon the lawyer’s services for a specified period of time or a specified case or matter. 3.
Based on what you say the fee is questionable. You can file a complaint with the Iowa Bar Association although I would first advise the lawyer of your intention and he may just return the money. If he didn't earn the fee he'll know it and he won't want a complaint filed against him. But don't threaten him with a complaint just tell him that is your intention.
All Attorney Fee Agreements in PA must be in writing to be legal. Also, a lawyer is not permitted to keep a retainer for no work performed. You should call your local bar association for a referral for handling your fee dispute.
Since you had no written contract the attorney will say you paid him a true retainer, which is a fee paid strictly to keep him available in case something happens, and is not an advance against future work. If it was the latter, at least part of it would be refundable.
It depends on the retainer agreement. You did not mention the amount either. The attorney has to be paid for at least the time he spent with you and on the case.