Reply
Mon 18 Sep, 2006 09:17 pm
I wasn't sure where to post this. So I'm hoping that you all will bear with me or can point me in the right direction.
I hoping to find out what protocal is regarding retainers that you pay to lawyers.
If you pay a retainer of $2000 and the work they do for you only amounts to $1500 or you intitled to that money back or does the laywer keep it?
thanks in advance!
Once the case is closed you should get any money not used, back.
You're welcome but I'm afraid I might have mislead you.
I was reading a bit and found this:
Quote:Retainer Fee: A retainer fee can be used to guarantee that the lawyer will be readily available to work on your particular case, which could mean that he/she would have to turn down other cases in order to remain available for you. As a result, you will probably be billed at a higher rate for the legal work that is done. If the fee agreement states that the retainer is not refundable, you may not be able to get your money back, even if the lawyer does not handle your case or complete the work. Another way of working out the retainer fee agreement is to have the lawyer be "on call" to handle your legal problems over a period of time. Certain kinds of legal work would be covered by the retainer fee while other legal services would be billed separately. In some cases, a retainer fee is considered a "down payment" on any legal services that you will need. This means that the legal fees will be subtracted from the retainer until the retainer is used up. Then, the lawyer will either ask you to pay another retainer or bill you for the additional time spent on your case.
What's the agreement say?
If the attorney refuses to refund the money, most local bar associations (at least in California, other states too probably) have fee arbitration boards which charge nominal fees to arbitrate the dispute.
I say....let lawyers fix their OWN teeth. The nerve of those pushy bucktoothed bastards!
I'll have to go back and read my paperwork to see what it actually says.
I really appreciate you looking up that information! It's helpful to know if it's even worth the time to bother. I've moved since then and have most of the paperwork still in boxes, so it's a matter of digging (literally!) into it.
Thanks again for your input.
I've never heard of a non-refundable retainer, although I suppose such things are possible. A part of the retainer may be non-refundable, since it would represent the attorney's initial costs (opening the file, preparing certain documents, etc.), but I think that it would be unethical for an attorney to keep any part of the retainer that s/he had not earned.
A lot of retainer agreements I see around here say "non-refundable" or claim to be a "true retainer". In actual fact, they almost never hold up in arbitration.
@joefromchicago,
what if you paid a retainer fee and were billed monthly for services and paid the bills.
Stumble It!
Tweet This
Bookmark on Delicious
Share on Facebook
Share on MySpace