How can I get my retainer fee back from my attorney?
Full Answer
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· 3 attorney answers. The language of the retainer agreement would control how much of a refund you would receive. The attorney would need to itemize his or her time and you would usually be entitled to a refund of the remaining portion of the retainer.
· You contact the person, talk about what you were unsatisfied with, go over the items that you think should have been deducted or reduced, and ask for at least a partial refund. If the attorney wants you to be a satisfied customer, she will give you what you ask or at least explain the charges better so you understand them.
· A: If you have no signed contract, and work has not begun, you have a good chance in getting your retainer back. You need to act as soon as possible before they can bill for work. I would call first thing in the morning, send an email and hand deliver a letter to the firm, or if not overnight it with some sort of confirmation.
The amount serves as a guarantee by the client to pay the attorney upon completion of the agreed work. The attorney cannot claim the retainer fee until he has completed the work and invoiced the client. Any remaining retainer fee after paying the hourly attorney fees should be returned to the client.
Technically yes if the attorney has not done any work on the case. If he or she has, they should refund remainder of retainer.
A lawyer cannot claim the retainer fee until they have completed work and provided an invoice to the client. The retainer is still the possession of the client until used for legitimate expenses as detailed in the retainer agreement. The amount in the trust account will not expire.
Overview. A retainer fee can be any denomination that the attorney requests. It may be as low as $500 or as high as $5,000 or more. Some attorneys base retainer fees on their hourly rate multiplied by the number of hours that they anticipate your case will take.
You do the same thing you would do if you hired anyone else to do work for you and you were not happy with the results. You contact the person, talk about what you were unsatisfied with, go over the items that you think should have been deducted or reduced, and ask for at least a partial refund.
You do the same thing you would do if you hired anyone else to do work for you and you were not happy with the results. You contact the person, talk about what you were unsatisfied with, go over the items that you think should have been deducted or reduced, and ask for at least a partial refund.
If the attorney did not earn the fee, you should be able to get it back by asking. Maybe a personal visit to the office would help. Otherwise, you could file a grievance with the attorney grievance commission.
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. Call him and leave him a message saying you are going to file a grievance in 24 hours unless you hear from him. That should get his attention.
When you hire an attorney, you expect their legal advice and guidance to assist you with whatever problem you are facing. Whether you are dealing with a creditor or facing criminal prosecution, your attorney is supposed to be your lifeline.
Instead, attorneys use flat or hourly fees for their billing. Hourly fees are ripe for disagreements, as many attorneys require a retainer to be paid upfront. The retainer represents a pool of money paid to your attorney for fees they have not yet earned.
A contingency fee agreement is a relationship where an attorney does not require any upfront legal fees. Instead, they will keep a portion of the compensation they recover on your behalf. If they are unsuccessful in your case, they get nothing.
Contingency fee agreements are common in personal injury cases. Other areas of the law do not favor that type of arrangement. In fact, certain areas of the law including family law bar any type of contingency arrangement. Instead, attorneys use flat or hourly fees for their billing.
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.
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.
This is an informal process in which both the attorney and client present their positions before a neutral third party who decides the matter for them.