What doe it mean if your retainer does not cover the trial in a felony charge? Are you covered for the preliminary or pretrial....basically when does your attorney no longer have to show up in court for you? What is the first day will they NOT have to be there?
2006-09-03 08:46:29 · 3 answers · asked by carebarri 2 in Politics & Government ➔ Law & Ethics
I out a 15000.00 retainer down and was told that deos not cover trial, however I have to have another 15000.00 paid if we go to trial and 30 days prior to the first trial date, when can I fire them than so I am not responsible for the other 15,000.00
2006-09-03 09:03:26 · update #1
He's basically telling you that you didn't pony up enough money to pay for the time a trial would take to do. Your attorney should do the pre-trial work, maybe a preliminary trial if you get one, or a plea bargain and appearance to finalize that.
There's not a set day that they will not have to be there, it basically is time x rate per hour taken out of what you pay, so if you did a retainer of $2000, his charge is $200 an hour, you get 10 hours then he asks for more money. Most of the defense attorneys I know will simply go in and ask for a continuance until you can get the money to them to cover the remainder of the work.
If you already paid $15,000 and he wants another $15,000, you're in a high cost area or this is a major case charge! If you want to fire him you can do it right now. He is liable to return the balance of your retainer that he has not spent yet by spending time on your case. Remember, a retainer also covers his costs (transcripts, copies, mail, etc.) so you will see those on the bill, too.
2006-09-03 09:04:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The retainer is like an initial deposit. It is applied toward the total balance at the end of the process.
Once an attorney has taken the case, they are ethically and legally required to continue, until they formally withdraw or are removed by the court. However, if you have agreed to pay the attorney as the case proceeds, and you refuse, the attorney is allowed to withdraw unless paid.
2006-09-03 15:51:49 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
The retainer is merely a deposit, he will start deducting his hourly charges and other legal charges. Once the money is gone, he stops his work untill you pay him more.
2006-09-03 15:57:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋