QUESTION
How can I get my retainer fee back from my attorney?
Asked on Oct 18th, 2011 on Criminal Law - Alabama
More details to this question:
Can I get a retainer fee back if attorney does not show up in court? I contacted the office and they won't return my call.
19 ANSWERS
Jacob P. Sartz
Ultimately, retainers are subject to written contracts called fee agreements. The language of the written contract controls whether any fees are refundable. In some situations legal fees are not refundable.
Answered on Nov 11th, 2011 at 1:58 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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File a complaint with the attorney grievance commission.
Answered on Oct 21st, 2011 at 2:34 PM
Michael J. Breczinski
Call the State Bar of Michigan in Lansing and they will tell you about the grievance procedure.
Answered on Oct 21st, 2011 at 12:41 AM
If the attorney did not earn the fee, you should be able to get it back by asking. Maybe a personal visit to the office would help. Otherwise, you could file a grievance with the attorney grievance commission.
Answered on Oct 20th, 2011 at 6:10 PM
Steven D. Dunnings
File a grievance with the state bar.
Answered on Oct 20th, 2011 at 1:48 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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An attorney is obligated to represent you and show up in court for your cases if you have retained him. If he is not doing his job or is not showing up you have a right to fire him and/pr ask for your retainer or at least part of your retainer back. If he doesn't return it, you can always sue him in small claims court and/or report him to the state bar with a grievance. Call him and leave him a message saying you are going to file a grievance in 24 hours unless you hear from him. That should get his attention.
Answered on Oct 20th, 2011 at 1:20 PM
Assault Attorney serving Richardson, TX
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Contact the Texas State Bar. File a complaint if he does not respond to you after you demand your file and return of your money.
Answered on Oct 20th, 2011 at 12:52 PM
You can but you're better off contacting the state bar.
Answered on Oct 20th, 2011 at 12:47 PM
You have now entered into contract law. Look at the fee agreement to see what it says about refunds of retainer fees. The State Bar of California has a rule that an attorney if called upon has to demonstrate that he has worked for the fees he retains.
Answered on Oct 20th, 2011 at 12:20 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It really depends on fee agreement. If hourly retainer and fee was exhausted then no. If a balance remains it should be refunded. If a flat rate and the work was not completed then a refund less a reasonable amount for work performed should be returned. NH Bar association has a fee dispute resolution process. You should try attorney again and if no response contact bar association.
Answered on Oct 20th, 2011 at 12:07 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Possibly. There is a fee arbitration procedure. Try searching for it online. Maybe "NY attorney fee dispute arbitration" would get you there.
Answered on Oct 20th, 2011 at 12:15 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What does your retainer agreement say? That is where I would start. The next question is, why he didn't show up for court? Has the retainer fee been fully consumed by prior attorney time and costs? Are you current with your fees paid to the attorney? I don't have enough info. If he has done nothing toward your case, then I would send him a letter demanding your retainer fees. If that does not work, contact the Bar Association..
Answered on Oct 19th, 2011 at 8:19 PM
3 Awards
I don't know, it depends on the contract you all signed. However, you can always call the State Bar of Texas and complain about him.
Answered on Oct 19th, 2011 at 5:59 PM
John D Duncan
You may be able to get your retainer back, depending on what type of contract or arrangement you set up with your attorney. Attorneys are supposed to make clear what work they will perform for you and at what amount, which should be reflected in some sort of written document. If there is no contract, that does not mean your case against the attorney is dead; only that your case will be more difficult to prove. What you need to find out is the reason your attorney did not appear in court. There are instances where conflicts prohibit an appearance, but such a conflict must be brought to the court's attention. Your attorney may also have moved the court date without your knowledge. Before you begin suit against your attorney, you should know the reason they did not show up and what harm has befallen you as a result.
Answered on Oct 19th, 2011 at 5:59 PM
You are entitled to refund of your retainer if the attorney has not performed the legal services that he or she agreed to provide you. If the attorney does not respond to your telephone calls, send him or her a letter. If that does not work, you should contact the State Bar.
Answered on Oct 19th, 2011 at 5:40 PM
Simon Brian Purnell
It really depends on the language in the retainer agreement. Regardless, you really need to find out what happened to your attorney and whether you can continue in the attorney client relationship if you feel uncomfortable with their dedication to your case.
Answered on Oct 19th, 2011 at 5:29 PM
2 Awards
Advise the lawyer's office you are filing a Bar complaint and do so unless he returns the money asap. Call the bar association and file a complaint if you are ignored.
Answered on Oct 19th, 2011 at 5:14 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Write him a letter giving him 5 days to return your retainer since he didn't do any work. If he claims he did some work demand an intemized billing. Tell him in the letter that unless you get your retainer in five days you will contact the State Bar.
Answered on Oct 19th, 2011 at 4:59 PM
You can fire your attorney by simply saying "your services are no longer required." Then request that any amount of retainer left unused be returned to you.
Answered on Oct 19th, 2011 at 4:27 PM