what if an attorney won't return retainer

by Bennett Hickle IV 3 min read

A lawyer does not have to refund a true retainer. If it was a retainer paid by you as a deposit for future fees, the lawyer is entitled to keep the funds up to the amount that he earned. Read the retainer agreement to determine which type of retainer you paid and the extent of the fees chargeable.

Re: What to do about unresponsive attorney holding retainer
You should really file a complaint with your state's Disciplinary Counsel's office. Contact the bar association or the State Supreme Court if Googling it does not get your contact information.
Jul 12, 2017

Full Answer

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

Jul 18, 2011 · If an attorney had your retainer and just was not returning it without explanation for a significant period of time, the State Bar would investigate this also but as a matter of a possible discplinary action.

Can I get a refund for the lawyer retainer fee?

Dec 08, 2020 · If they deny your refund request, you can file a complaint with the Bar Council that your lawyer is a member of. How To Get a Retainer Refund With Your Robot Lawyer 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.

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

Aug 22, 2018 · The retainer agreement serves as a contract for services between you and your lawyer. It should clearly define the terms of your relationship and what happens if you chose to end it. To end the relationship, send a written letter, …

What is a retainer for a lawyer?

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. You can easily see why it so important to check several attorneys before deciding on the one to represent you.

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Can I get a retainer back?

A “retainer” is a pre-payment for services to be rendered; if your lawyer actually delivered the services promised in the fee agreement or engagement agreement, you're highly unlikely to get any of the money back, unless it was not fully used during the term of the representation.

How do I ask for a retainer back?

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.

How do you structure a retainer agreement?

How to Write a Retainer AgreementStep 1 – Acquire Your Copy Of The Retainer Template From This Page. ... Step 2 – Introduce This Retainer, The Service Provider, And The Client. ... Step 3 – Define When Service Must Begin And When It Must Terminate. ... Step 4 – Document The Pay Rate Or Manner Of Compensation.More items...•Nov 11, 2021

Is a retainer the same as a deposit?

In a definitive sense, a retainer is a fee that is paid in advance in order to hold services (ie. a wedding or event date). While a deposit may also reserve a date, it is returned when the services have been completed. A retainer is by default non-refundable and is not returned.Jun 6, 2019