QUESTION
Can we still have the retainer fee refunded?
Asked on Sep 16th, 2011 on Criminal Law - Texas
More details to this question:
We retained a lawyer for a case and paid $800 for a retainer. They are now threatening to withdraw. There was never a contract signed. If there was a contract stating that retainer is nonrefundable but it was unsigned, will it still apply? Do they have to return the retainer to us?
3 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Whether or not a contract was signed, if the lawyer did work on the case then the lawyer is entitled to be compensated. If you have not paid as agreed - even if the agreement was oral - then it is not surprising that the lawyer has advised you that if you do not pay that the lawyer will withdraw. (That there isan unsigned contract certainly supports the lawyer's argument that you knew theretainer fee was nonrefundableand that you had to maketimely payments.) The lawyer is entitled to be paid for their time and work on your behalf.
Answered on Sep 20th, 2011 at 7:55 PM
Most fees are non-refundable, but retainers are to be withdrawn by the lawyer only upon use, meaning when the lawyer does work. You'll need a receipt of the work done so far, to see if there is anything remaining from the deposit.
Answered on Sep 20th, 2011 at 5:30 PM
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Depends on what the contract says or if there was a meeting of the minds. Also, how much work has he actually done? It's going to be difficult to get the money back, but keep going after him and maybe he will give up. Sorry you are going through this.
Answered on Sep 20th, 2011 at 4:34 PM