Attorney has done nothing in case expect file a notice that he is representing client. State files a "no information" and now attorney wants to steal our money. Is this right?
2007-04-20 02:16:26 · 13 answers · asked by debbie 2 in Politics & Government ➔ Law & Ethics
A "retainer" is for future work. The attorney told us there was no hope that the case would be dropped, we must hire an attorney. Then, the case was dropped. Not because of anything he did. We only hired him two weeks before charges were dropped. How can you pay a retainer for a "case" if there never was a "case" to begin with? A couple of hundred dollars maybe for what little he did (which was really nothing), but the whole retainer? That is stealing. Taking money for services that were not needed or given. The state decided to drop it...it is not that we just decided we didn't want him to represent us anymore...that is totally different!
2007-04-20 02:42:53 · update #1
Wow-NO! The retainer is a payment for services performed. Every penny of that money must be accounted for in writing on a monthly basis. It should be held in a Trust account. Demand a strict accounting and if you don't receive it, report the attorney to the Disciplinary Board of your state bar. I don't care if you signed a contract allowing the lawyer to keep all the money--it's a voidable contract because it violates the Rules of Professional Responsibility (Ethical Rules) governing attorneys. These are uniform rules across the U.S.
2007-04-20 02:47:54 · answer #1 · answered by David M 7 · 0⤊ 1⤋
It depends upon the type of retainer that you get from a lawyer. Some "retainers" are actually just prepayments; that is, they want proof that if they represent you you have the money to pay. So you have to pay a "retainer" that the attorney keeps in a separate account called a "trust account", which will (eventually) be used to pay your bill to him. If that money is unused when the legal services come to an end, then you're entitled to that money back. (The interest usually goes to a special fund the bar sets up to pay for various charitable causes.)
The other type of "retainer" is where you pay the attorney to be "retained" for legal services. Thus, you are paying a set fee for this guy to call himself your attorney and make himself available to you. This usually comes with a set amount of "free" legal time that, if you don't use, you may lose.
You need to look at any written agreement you had with your attorney to determine which kind of retainer you had. If you didn't have a written agreement, then my guess (not a definite answer... just a guess) would be that a court would construe your oral agreement in your favor (since the lawyer should have had you sign a retainer agreement or engagement letter) and you'd be entitled to the retainer back, minus any time the attorney worked on your case (including consultation or file review).
Good luck!
2007-04-20 02:46:33 · answer #2 · answered by Perdendosi 7 · 0⤊ 1⤋
Yes, that is what a retainer is for. You are retaining the services of said attorney, who will represent you in a potential matter. If the state doesn't file, it could be because your attorney did such a good job. Additionally, when he or she was retained by you, the attorney couldn't represent any number of people that you currently or may have a legal issue with to avoid a conflict of interest. Thus you won't be getting back your retainer.
All that being said, you are entitled to labor. Please keep in mind that just because there is no criminal prosecution doesn't mean that there won't be a civil action that you may need to defend against. Since you have already paid some fees, now is the time to work on you will, estate, trusts, close on a house, get a divorce or any number of matters that must have a lawyer involved.
2007-04-20 02:25:59 · answer #3 · answered by Tippy the Turtle 3 · 1⤊ 1⤋
Look at your contract you signed with him. Does it say non-refundable retainer? The law office I work for that is what our contract says, so not matter what reason may come up they do not get the retainer back.
There are a few cases in which I have known an attorney to give them some of the money back. I am sure if you have tried to talk to him about anything you can work out, as far as keeping him for future legal advice or work.
*But he is not stealing your money.
Look at your contract, but the answer is most likely yes he can keep the retainer.
2007-04-20 03:01:22 · answer #4 · answered by HappyGoLucky 4 · 0⤊ 1⤋
If you handed over money, I'm willing to bet you signed a contract. A retainer contract usually has the attorney agreeing to represent you in all legal matters dealing with your specific case in consideration for the attorney fees paid. He filed. He represented you legally.
2007-04-20 02:23:26 · answer #5 · answered by Anonymous · 1⤊ 1⤋
They can let him out and file charges later if they need to. All crimes have a "statue of limitations" which is the time the state MUST file the charge. From what you said he is charged with a felony of some kind. He most likely will be making a court appearance pretty soon.
2016-03-18 04:27:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋
A retainer is really an advance deposit to be applied toward billable hours (or work actually done or to be done). If I were you, I would request the lawyer's "time sheets" and ask for an accounting for the funds you advanced. You may be surprised how much work he actually did for you. You are entitled to a refund if the amount of billable time (accrued fee) was less than the amount you advanced to the lawyer.
If the lawyer does not respond, file a complaint with the county bar association.
2007-04-20 05:06:19 · answer #7 · answered by Mark 7 · 0⤊ 1⤋
Money Retainer
2016-12-18 07:44:23 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The attorney is enttiled to a reasonable fee for his work done...a retainer is usually not refunadable but can be in some cases.
Make sure he gives you an itemized list of the work he did and what he chrged for it.
2007-04-20 09:23:53 · answer #9 · answered by Dr. Luv 5 · 0⤊ 0⤋
That is why it is called a "retainer" fee. You retain his time for future services; he retains the money. How the hell will you ever know if his mere presence deterred the state from pursueing the case?
2007-04-20 02:23:11 · answer #10 · answered by Studbolt Slickrock Deux 4 · 0⤊ 1⤋