QUESTION

Our attorney in Ca has been inan accident. He wants to replaced as Aof Record. He has no partner Do I get my retainer back

Asked on Mar 18th, 2014 on Breach of Contract - California
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1 ANSWER

Civil Litigation Attorney serving Arcadia, CA
Sorry to hear your attorney was injured. I hope this doesn't affect your case.  To answer your question, it depends. It depends on whether the retainer you mentioned is a true retainer or simply a deposit used for services rendered. A true retainer is usually used to confirm the attorney will take your case over another’s. The true retainer is usually earned when paid, meaning non refundable. However, any deposits made in the attorney’s client trust account is refundable. Once your attorney accounts for all services rendered and any costs and expenses associated with your case, the remaining balance from your client trust account should be returned to you. But please not, I am stating this without reading the retainer agreement you singed with your current attorney. Without reading the agreement, I can only speculate as to what was agreed upon. I hope I have answered your question. If you would like to discuss this matter in more detail, please feel free to contact me at your earliest convenience. 
Answered on Mar 19th, 2014 at 3:20 PM

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