i paid a lawyer a retainer but he didn't do anything how do i get my money back

The best way to get a refund is to ask your lawyer directly—you can either send a letter or call them at the office. See if you can set up a meeting to discuss the termination of your agreement and your refund payment. Make sure they give you back all the case files and court documents but keep in mind that they might charge you for them.

Full Answer

How much attorney retainer fee?

Jun 16, 2020 ·

How to pay for the retainer fee for my attorney?

What to expect when you hire an attorney on retainer?

You can also get a refund if the cost of the service turns out much lower than originally estimated. In that case, you will get refunded the money that the lawyer did not spend. To get a refund for your lawyer’s retainer fee, you need to know that there are two types of retainer fees: Earned retainer fees; Unearned retainer fees; You also need to know the difference between an …

What is an attorney retainer fee?

In most states, money paid to an attorney as a “retainer” is not a deposit for legal services rendered or to be rendered and is immediately earned and not subject to refund. Money paid to an attorney as a deposit should to subject to refund upon the attorney’s termination less money earned for legal services rendered in the interim.

John S. Fason

Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls...

Stewart Andrew Sutton

Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer. Your lawyer breached his contractual obigation to diigently and competently render legal services.

Cynthia Russell Henley

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.) Give the....

Can an attorney take money from a retainer?

The attorney is allowed to take money from the retainer for the time he worked on your case. It is my hope that you signed an Agreement or received some type of documentation from the attorney outlining your relationship and how much he would be paid for his services. Report Abuse. Report Abuse.

Can a lawyer keep a retainer in PA?

All Attorney Fee Agreements in PA must be in writing to be legal. Also, a lawyer is not permitted to keep a retainer for no work performed. You should call your local bar association for a referral for handling your fee dispute.

What to do if a lawyer won't talk to you?

The lawyer may be entitled to keep some money for the consultation, but he should refund any money not "earned" by time spent. If he will not talk to you, and if he will not itemize his time, then the next step is to file a grievance. Report Abuse. Report Abuse.

Do attorneys have to be paid for time spent with you?

It depends on the retainer agreement. You did not mention the amount either. The attorney has to be paid for at least the time he spent with you and on the case.

Is a non-refundable retainer reasonable?

However, the non-refundable retainer must be reasonable. There was some time spent with the attorney giving advice obviously. A reasonable non refundable retainer can probably exceed the attorney's normal hourly rate for whatever time the attorney spent actually spent giving advice, etc.

What is a true retainer?

Since you had no written contract the attorney will say you paid him a true retainer, which is a fee paid strictly to keep him available in case something happens, and is not an advance against future work. If it was the latter, at least part of it would be refundable.

What to do if a person does not return a claim?

to have proof of delivery, that if he does not return it in 5 days, you are reporting him to the State Bar. If he does not respond, report him. The State Bar has a victim fund that you can apply for relief. They actually pay out claims.

3 attorney answers

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.

Michael J. Szklasz

You can reach out to the Attorney Consumer Assistance Program, part of the state agency that regulates attorneys, and run it by them: http://www.massbbo.org/Who_We_Are_OBC_ACAP#ACAP

John Espinosa

Retainers are usually refundable if the client changes his mind about wanting the representation. However, the attorney may deduct his hourly fee for any work done. If the attorney is keeping your retainer, he has to give you a statement showing how he earned it. What does your fee agreement say?

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 is the lawyer client agreement?

The Lawyer-Client Agreement Controls. It is important to read and understand the fee agreement that you sign with your attorney before he begins working on your behalf. You'll also need to read it when you are ending the relationship. It holds the key to determining whether your lawyer owes you money.

Why is it important to read the fee agreement?

It is important to read and understand the fee agreement that you sign with your attorney before he begins working on your behalf. You'll also need to read it when you are ending the relationship. It holds the key to determining whether your lawyer owes you money.

What is fee arbitration?

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.