When you give a lawyer a retainer and then do not use his services, is the retainer returned?

Answer 1

Ordinarily, yes.

However, you should look to the retainer agreement to see if there is any language which qualifies or limits your right to a full refund. If there is a minimum fee (a not uncommon clause in retainer agreements) you could be entitled to the retainer less the minimum fee.

Also, some states may have specific rules on the return of retainers and/or the legality of minimum fees.

Answer 2

No. A retainer just basically holds a place in line for you, if you will. Whether you ever use the services or not, the lawyer collects the retainer.

Answer 3

I don't think so.

The retainer is meant for just that, to retain his services until it's needed. You are basically paying him to be at your beck and call. If you don't use his actual services, don't expect a refund. Then again, it never hurts to ask, but that is really something you should've asked BEFORE you spent the money, if you have already spent it that is.

Answer 4

He should return the retainer, minus any costs for services rendered, with an itemized statement.

You should send to his office a demand for your retainer.

If you receive less than you expected, you can contact the local Bar Association for fee dispute arbitration.

Good luck!

Answer 5

David B is correct!