If you give an attorney a retainer (i.e. $500.00) shouldn't their services be deducted from that amount?

Question

Once the $500 is used up then you would be responsible for sending in additional funds. Am I wrong on this?

I must add after several monthly bills that I did pay, I fired this attorney and I am now trying to retrive my retainer that was never used toward my legal services.

Answer 1

While I can't say for sure how all states interpret the Model Rules of Professional Conduct (the basis for most state's ethical rules), the general requirement is that attorney's fees must be reasonable for the service provided. As such, a retainer is typically viewed as an advance deposit for fees and expenses which should be billed against the retainer (as an attorney has not earned the retainer until he/she has performed legal services). Obviously, if the bills exceed the retainer (and it is difficult to see how a $500.00 retainer would be adequate to cover any matter involving litigation), the client can be required to pay those additional fees.

Answer 2

Yes you are right, after the attorney uses up the amount of the retainer, they will seek additional funds. Just make sure you get a detailed invoice from your attorney so you know how your money is being spent.

Answer 3

Generally, you are correct. It would be appropriate to call your attorney to discuss his/her billing procedures. This call should not be billed to you or against your retainer!

Answer 4

Maybe - read your attorney's letter of engagement - whatever they stipulate is what ever the terms of conditions of your engagement are and is what you have agreed to.