Write a letter by certified mail, return receipt requested, to the attorney and to the managing partner of the law firm to set out the facts and to demand a refund of your retainer balance. An attorney may only charge a reasonable fee, and if the firm cannot justify keeping all of your retainer, the firm should refund the balance...
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Oct 31, 2014 · As far as obtaining a refund of your "retainer", it will depend on the nature of your fee agreement. Many people commonly confuse a "retainer" with what is generally called an "advance fee deposit." A retainer is normally considered the property the attorney upon payment and is usually paid to the attorney to simple "keep the attorney available" for work.
Mar 25, 2013 · An attorney must refund a client for any unused retainer fees. The best thing to do is send a request to the attorney in writing for a refund of the retainer. The attorney should provide you with an accounting of any time and work performed on your case and, if there is any money left after this time, a refund.
The only way you would be able to accomplish that is if there was an agreement where you would get the money back if nothing was accomplished. Other than that, your chances are very slim. But you can send a certified letter requesting to be refunded the retainers fee because of her absence and lack of attention to the case.
Sep 27, 2010 · You should first refer to your retainer agreement and determine the nature of the fee. There may be several factors involved including: written or oral agreement; refundable or non-refundable fee; flat fee or billable fee; amount of legal work performed on your behalf; reason or reasons for discharge.
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.
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.
If your insurance company denies your claim in “bad faith,” and you sue to force your insurance company to pay, you may be entitled to recover your attorneys’ fees, even if your policy is silent on the issue. Recently, Klein & Wilson received a $1 million verdict for a client whose insurance company refused to pay a covered claim. Before proceeding to the phase of the trial where punitive damages and attorneys’ fees would be decided, the insurance company agreed to settle the whole case for $1.5 million.
An adjacent landowner dumps toxic waste onto the association’s property but the association does nothing to protect your interest. If you have to file an action against the adjacent landowner to protect your interest, and you win, you may be able to collect all your attorneys’ fees from the association.
Recovery of Fees in Settlement. If you have an attorneys’ fees provision in your contract, sometimes you can even recover your fees if your adversary takes an unreasonably stubborn settlement position.
You can avoid the “American Rule” and get your attorneys’ fees reimbursed if your contracts provide that the prevailing party in a lawsuit is entitled to fees. This provision is easy to include, and you should always insist on such a provision if you are concerned about recovering attorneys’ fees.
Let’s assume you get named in a lawsuit because of someone else’s conduct. If you are forced to defend yourself in the case, and you prevail, you can collect your attorneys’ fees from the party truly at fault. For instance, if you are a general contractor, and one of your subcontractors burns the project down, the owner will probably sue you for the damage. If you win the case the owner filed against you, you can then collect the attorneys’ fees you spent from the responsible subcontractor.
However, these one-sided provisions do not work, since Civil Code Section 1717 makes such provisions reciprocal. Attorneys’ fees provisions can sometimes prevent litigation altogether and often help settle cases where liability is questionable because of the risk the provision places on litigants.
California follows the “American Rule,” which provides that everyone has to pay their own attorneys’ fees – even if you win at trial. Imagine getting sued for something frivolous, having to pay your attorneys thousands of dollars to defend yourself, winning the lawsuit and then hearing you can’t recover your attorneys’ fees. Also, consider the toll on a small company forced to pursue a case where only a few thousand dollars are at issue and then learning it cannot recover its attorneys’ fees. Sometimes the fees can equal (or even surpass) the amount at stake. A larger company can often “out gun” the smaller company in litigation, driving fees so high the smaller corporation is forced to abandon a valid claim because it cannot afford to litigate.
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 .
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.