when a case is over does the attorney usually refund the rest of your retainer

by Mario Lesch 8 min read

In most cases, your lawyer will then refund the remainder of your retainer and give you a bill (although a paid one in most cases) listing the last of your expenses that were deducted from the retainer. This is considered the standard of ethical behavior in law, so few attorneys will deviate from it without a good reason.

If the client's case is resolved prior to reaching the five-hour limit, the lawyer refunds the remaining portion of the retainer to the client. If the case is resolved in three hours, for example, then the lawyer would refund $200 to the client.

Full Answer

Can I get a refund for the lawyer retainer fee?

Dec 08, 2020 · You can get a refund if you decide to discontinue the relationship with your lawyer, but if they have already done some work, you’ll only get a partial refund. You can also get a refund if the cost of the service turns out much lower than originally estimated.

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

Some attorneys offer a free, initial consultation so you can do just that. Attorney Grant Gisondo, who practices Family Law in Palm Beach Gardens, Florida, is an attorney who not only will refund any unused portion of his retainer but also offers a free, initial, in-office consultation where he will meet with you personally to answer your questions and share his fee schedule and how he can …

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

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 for a lawyer?

Oct 10, 2008 · All amounts for time and charges are taken from the retainer, and the attorney should give you an accounting of activities each month, including the amount left on the retainer. If the charges are more than the retainer amount, you'll most likely have to pay additional fees, depending on the agreement.

2 attorney answers

Reasonably, it might take an attorney or law firm 30 to 45 days to prepare a final invoice and refund any balance left.#N#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...

Frank Wei-Hong Chen

Reasonably, it might take an attorney or law firm 30 to 45 days to prepare a final invoice and refund any balance left.#N#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...

How do attorneys set their fees?

Attorneys set their fees based on a number of factors, including the amount of work the attorney will need to do for your case and the complexity of the case. Some factors that determine the amount of the fees are: 1 The billing rates for each level of professional working for your business, based on each person's experience, specialty area, and their level (partner, associate, paralegal, for example) 2 Novelty and complexity of the issues 3 The difficulty of problems encountered 4 The extent of the responsibility involved 5 The result achieved, and 6 The efficiency of the work, and customary fees for similar legal services. 1 

What is contingency fee?

Contingency fees. In this case, the lawyer gets a percentage of what you receive if the case is decided in your favor. If you lose the case, your attorney gets nothing, but they may still charge for their costs. Contingency fee percentages are negotiable. Flat fee.

What is retainer in legal?

A retainer is paid in advance, for legal services that will be rendered. When you talk to an attorney about a retainer you may discuss one of three different types: General retainers are fees for a specific period of time, not a specific project.

Do lawyers put their fees in writing?

An attorney should give you a description of their fees, preferably in writing, and some states require that lawyers put their fees in writing before taking a case. You should also see details of fees for services like copying documents, court filing fees, or research costs.

What is retaining fee?

A retaining fee is a deposit or lump-sum you pay in advance. The attorney must (by law) deposit that money in a trust account to draw from as work is done. If there is money left in the trust account at the end of the project, you get that back.

What are the rules of professional conduct?

State ethics rules and state bar associations have rules of professional conduct, including rules for disputes and for making sure attorneys charge reasonable fees. Check with your state's bar association for more information.

What happens if you don't pay your attorney?

What happens if you don't pay? The attorney might charge you a service fee or interest on the overdue balance or take out a lien on your documents or other property the attorney has. In other words, you won't get your stuff back until you pay the attorney's bill in full. The agreement with your attorney should spell out the attorney's right to charge you for non-payment.

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.

What to do if retainer fee is unused?

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. If your case involves a statute of limitations issue, then you need to speak with the attorney sooner rather than later to make...

How long has a lawyer been sitting on your case?

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.

What is retainer in law?

There are two basic types of retainers as the term is used in connection with providing legal services. A special retainer is a payment in advance by the client to cover any future legal services that the lawyer is to provide1 and, ...

What is a special retainer?

A special retainer is a payment in advance by the client to cover any future legal services that the lawyer is to provide1 and, as will be discussed, is refund- able in some circumstances. A true or general retainer is an ad- vance payment by the client to the attorney for the attorney's availability to render services ...

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.

What is Justin's goal?

Justin has a singular goal: to get people out of financial distress and move them to financial stability and prosperity. He does this by combining 15 years of in-depth experience in bankruptcy, credit management, debt negotiation and student loan modifications, and he does it with both English and Spanish-speaking clients.