Can I get a retainer fee back if nothing was done?

Question

My girlfriend gave a lawyer a $750 retainer fee to turn herself in for a drug charge and handle her arraignment, which he did not do. All he did was tell us a week later that I was charged instead of her, which means he did not do what he was paid to do. Is it a ground for a refund?

Paul Stanko · Answer

The lawyer is at least entitled to keep the reasonable value of services provided, even if those services were different from what was anticipated. This is called Quantum Meruit. Also, if the retainer was a "General Retainer" securing the lawyer's services over a certain period, he may be entitled to keep the entire amount regardless. Either way, he is not required to return the entire amount if he put any time or effort into the case.

Gregory Crain · Answer

No.

Thomas Edward Gates · Answer

Yes.

Edward Blum · Answer

Yes.

Michael J. Breczinski · Answer

No, it means that he went to do what he promised to do and found out that she was not charged, but you were. He may be willing to represent you in the matter and apply the fees toward this. However, he did not do nothing. He went and investigated this and reported his findings.

Larry Dunn · Answer

Your question relates to civil law and not criminal defense. You should   consult with a civil attorney. The State Bar of Nevada has a fee dispute   procedure if you cannot reach an agreement with the attorney.

John Jordan · Answer

Possibly, depending on the contract you made with the attorney.  What you may want to look into is whether that money could be used for him to represent you.

R. Norton · Answer

She should discuss the issue with the lawyer first and find out if he did anything and/or will refund the money. If he will not cooperate or is unreasonable, you can contact the NC State Bar for assistance and/or to make a complaint.

James Schoenberger · Answer

Yes. If the fee is not returned, contact the WA State Bar Assn. (wsba.org).

Mark Smith · Answer

If he has done nothing for the client the lawyer should return the money.   If not complain to the bar association.

Jeffrey Pollock · Answer

From your limited description, it would not be unusual to request a full   refund less the time that he put in preparing or blocking out the time for  your  GF.

Dennis Roberts · Answer

He must have done something if he found out that you were charged instead of  her.

Steven Alpers · Answer

He may be entitled to keep some for the work he did, going to court finding out who the charge was against, but the rest should be returned.

Stephen Freeborn · Answer

If he did not do any work, then she should get her money back.  However, I would start with the retainer agreement.  What does it say?   Sometimes there is a minimal non refundable portion. Check it out first.

Jared Winter · Answer

Just contact the attorney and request a refund.  Try to work something out.  That's the best way to handle the situation.  If he/she refuses and you feel like you were wronged, then you can file a complaint with the state bar.  You could also sue in small claims court.

Terry Nelson · Answer

You can ask.  If he worked on the case and put in time, he is probably entitled to be paid something for that.  You can request he apply the fees to your case to handle it.  If not resolved, you could file a fee dispute with the local county bar association.

James Osak · Answer

Lawyer DID his work. He investigated your complaint BUT you gave him the wrong information. It was you NOT girlfriend. You want him to work for free. Would you work for free.

Herschel Bullen · Answer

He may claim some, or all, of it is earned.  There needs to be *reasonable justification* for that.  Whatever portion is unearned should be returned.

James Edward Smith · Answer

If it was a nonrefundable retainer then no.

Cedric Hall · Answer

Often times a client feels that nothing is done on a case  that is thrown out or in legal terms no file/nolle prosed.  Sometimes you pay your attorney for handling these types of cases before it gets filed by the State Attorneys' Office.  Yo will have to look at the contract that you signed with the attorney to see if there are terms that state if it is dropped or if it goes to trial.  However the case, the attorney could have presented facts to the State that went into the decision.  I would talk to the attorney to see and clarify.  But this could be a fair fee.  Remember you pay for their knowledge as well as the relationship that they have with the state.

Gary Russell · Answer

First, your question says it is criminal. This is a civil contract issue. Second, you state your girlfriend paid the retainer for herself. So you lack standing to sue for recovery.

Michael Lynch · Answer

Any legal representation in which payment is over $1000 must be done  under a written fee agreement. Since the $750 paid is under $1000 your  friend might not have a written agreement, if she does then the terms of  the contract should be reviewed to determine the remedy.  If no fee  agreement was reduced to a writing then it would fall under the rules  for an oral contract.  However, since it was for legal services, in  writing or oral, the fee dispute can be arbitrated by either the local  bar association or the State bar association.  Contact the State bar for  instructions.  They can be reached at CA State Bar Office of Mandatory  Fee Arbitration *415-538-2020*.

Mark Bruce · Answer

Not sure what happened here.  If You gave a lawyer a fee and he did not appear for the arraignment, you are entitled to the fee back. But what sounds like happened is that she paid the lawyer money, the lawyer made the appearance and discovered that she was not the person being charged.  If that is the case, then the written contract (please tell me you signed a written contract) should prevail.  Most lawyers will not refund a fee even if there are no charges because they have taken the time and effort to appear at the arraignment.  If the lawyer did nothing-eg, if he didn't appear and somehow determined by making a telephone call that she was not being charged-you can ask for the fee back but good luck in getting it.  You might try small claims court.

John Rivers · Answer

In many cases involving fee disputes, the most economical way to handle the matter is to submit it to a Fee Arbitration Panel. If the dispute is with a Georgia attorney, the fee arbitration is governed by Rules set out by the State Bar of Georgia. There are specific rules setting out whether or not your case could be arbitrated in this fashion. The State Bar can provide the necessary information.

Barbara A. Fontaine · Answer

She should write a letter asking for a reund, make copies, and send it certified mail return receipt requested. If nothing happens, contact your bar association and ask how to proceed.

Nathaniel Shafer · Answer

It might be. Talk to the attorney and explain why you feel you are entitled to a refund. If he is unwilling to refund at least part of the money, you can file a complaint with the state bar ethics committee.

Jeff Yeh · Answer

No. He did do his job. He showed up in court for the arraignment and found out that she wasn't the one charged, but you. He did all he was supposed to do!

Leonard A. Kaanta · Answer

It depends upon the retainer agreement, you file a grievance against him.

Keven A. McKenna · Answer

It sounds like a breach of contract case in small claims. Give it a try.

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