how do i get my retainer back from my lawyer who withdrew the case

by Elta Yost 5 min read

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

Can I get my retainer back from an attorney?

Oct 18, 2011 · 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. If he doesn't return it, you can always sue him in small claims court and/or report him to the state bar with a grievance.

What is a retainer and how do I get a 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 . Here is a sample letter format that you can send your lawyer to break up the relationship with him and make a request to refund your retainer fee.

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

Nov 15, 2013 · Well, first of all, I'd verify that story yourself by checking the obits. Secondly, I'd arrange to have another attorney at least get a continuance for you in view of the circumstances if he is dead. Try and contact his office and see what they say. Beyond that, under the Rules of Professional Conduct, an attorney must have a "backup plan" - another attorney to handle his …

How do I get my money back from an attorney?

Jun 17, 2009 · You need to officially fire him and request a refund of your retainer. You need to tell the attorney to stop working on the case and not bill you for any further time.

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.

1 attorney answer

Well, first of all, I'd verify that story yourself by checking the obits. Secondly, I'd arrange to have another attorney at least get a continuance for you in view of the circumstances if he is dead. Try and contact his office and see what they say.

William Joseph Reynolds

Well, first of all, I'd verify that story yourself by checking the obits. Secondly, I'd arrange to have another attorney at least get a continuance for you in view of the circumstances if he is dead. Try and contact his office and see what they say.

Gerald Gould Knapton

Since you live in the San Diego area it is probably OK for you to contact either of these two programs and ask them to help you. They have low costs programs and even have "fee waivers" if you don't have the funds to pay for the program.

Robert Lee Marshall

Instead of filing a lawsuit, you may be able to resolve the situation through arbitration.

Brian Richard Dinday

A meaningful answer would be easier to provide if you told us what kind of case you hired him on, what you paid and whether you had a written fee agreement. I can not offer any opinion on whether he lived up to his obligations, since I have not seen the fee agreement and know nothing about the case.

Joe Young

You need to officially fire him and request a refund of your retainer. You need to tell the attorney to stop working on the case and not bill you for any further time.

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 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 a final accounting?

If you disagree with the final accounting, and especially if you think you’re owed a refund, you should first contact the attorney, explain why you think you were overcharged, and attempt to amicably resolve the dispute. Again, be sure to document the details of any dispute or demand in writing, whether as part of a letter to your attorney, or as a “memorandum” to yourself.

How long does it take to get an accounting of a case?

It’s reasonable to expect an accounting of the financial side of your case within 30 days of the end of the attorney-client relationship, so if you don’t have it by then, ask your attorney for a detailed accounting, and make sure to put the request in writing.

What is a legal retainer?

When you meet with your New Jersey attorney, you may be offered a free consultation meeting. During this consultation, you will be able to discuss your legal problem (s) while your attorney asks a number of pertinent questions. These questions and your answers will help him ascertain whether or not he wants to take on your case.

What is a retainer agreement?

Prior to paying your attorney’s retainer fee, you’ll be presented with a retainer agreement. This is essentially a contract stating what legal actions will be taken for you in exchange for the payment of the retainer up front. The retainer agreement is legally binding and ensures the attorney that he will be compensated for his hard work.

Can I get (any of) my retainer back once my case has ended?

The expertise provided to you by an experienced attorney is a very valuable service. The amount of money spent by those who decide not to hire an attorney is often actually quite a bit more than any retainer fee would have cost them.