QUESTION
Can attorneys keep retainer fee if no work was done?
Asked on Aug 19th, 2013 on Divorce - California
More details to this question:
I paid an attorney for separation papers $1500.00 retainer. She drew up papers, had to call to even get a copy, called her and told her we decided to stay together. Can I get my money back?
5 ANSWERS
The attorney would be entitled to retain only the amount of the retainer for the work actually done. You can file a complaint with the State Bar if you are unable to get a refund once you are able to get a detailed statement from the attorney showing the work done.
Answered on Aug 27th, 2013 at 2:50 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Depends on the Contract. If it says non-refundable, probably not.
Answered on Aug 27th, 2013 at 2:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You should be able to get back what she did not expend in drawing up the papers, unless your fee agreement was for a nonrefundable $1500. What does it say?
Answered on Aug 27th, 2013 at 2:50 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Only the part she didn't already use by meeting with you and drawing up the documents, etc. That's work she did and she is entitled to be paid for it. You are entitled to get back any unused portion.
Answered on Aug 27th, 2013 at 2:50 PM
You likely would be entitled to a portion but not the entirety of the retainer since obviously the point of it is to pay any court costs and as a baseline. If court costs had already been paid, those clearly cannot be recovered, and undoubtedly your attorney has already done some work, thus he needs to be compensated for his time lost.
Answered on Aug 27th, 2013 at 2:50 PM