are attorney retainer fees refundable?

Answer 1

Generally not, but it all boils down to the client engagement letter or agreement client and attorney signed. If the attorney provided for a reimbursement or refund--then yes.

A retainer agreement works like this: you provide an amount (say $1000) as an advance against attorney's fees. The attorney generally deposits this in a trust account and bills his/her hourly rate against that deposit (e.g. $150/hr, 2.3 hours of legal services performed = $345).

If this is the end of the service or if client fires attorney at this point, then $655 is unearned by attorney, and it gets returned to client. This is not really a "refund" per se b/c "refund" connotes he earned the fee but gave it back for some reason.

Also, this example is only for attorney's fees--not costs (i.e. copies, faxes, postage, long distance calls, courier, process server, etc.).

Since there can be no guarantee of a particular outcome, most attorneys don't provide for a refund policy. Of course, if he cannot or did not perform work and did not incur costs, then the money paid should be promptly returned to client along with the any material client provided to attorney.

Answer 2

Attorney Retainer Fee

Answer 3

I spoke to an attorney for 7 minutes (on the phone) who said I would be charged a Retainer Fee of $3000.00 to draw up a Special Needs Trust . She charged my Visa account while we were talking. I assumed some explanation of a "Retainer " would be signed prior the collection of funds. This charge was made on Friday at
5:15pm and through email on Sunday at 9:15 am, I requested that she not proceed or initiate a Trust. She kept $1000.00 of my money for a 7 minute phone call stating she had already initiated work over the week-end. I say this spells out "Attorney Integrity"

Answer 4

It all depends upon your retainer agreement with your attorney and/or your negotiations with your attorney. If your attorney has not performed work and expenses enough to use all of the retainer and either one of you terminates further work on the project, then the ethical thing is to refund the money. However, the attorney could have a clause in his retainer agreement that the monies are not refundable. You will have to ask your attorney and if you have a problem, you can call your local Bar Association to try and resolve the problem.

Answer 5

This Site Might Help You.

RE:
are attorney retainer fees refundable?

Answer 6

If the retainer is used to "prepay" your legal expenses, and there is a positive balance at the resolution of your case, then it may be. I had a retainer balance refunded after a civil case in Michigan in 2002. Ask your lawyer about this before you pay the retainer.

Answer 7

no, never ever ever. if you consider hiring an attorney that refunds the unused portion of the retainer for a particular case you need to hire someone else....this is a sign of a poor and an ''ethical attorney"......you pay an attorney to win; period!!!!!!!!

Answer 8

Yeah, right! That's a good one. They are the least accountable group of people I've ever seen as far as what's paid them for services rendered. Wonder why there aren't tougher laws on us being taken advantage of like that? Oh yeah! Because the attorneys are making the laws. My bad.

Answer 9

On what planet?