Asked on Oct 29th, 2025 on Divorce - South Carolina
More details to this question:
I’m getting divorce and I decide to get a lawyer. I found a lawyer and gave him a retainer. I didn’t sign anything and we didn’t do any work yet, we didn’t even met. His office ( my fault) is far away from me, hours away from where I live. My question is: Can I get a full refund if I cancel before we met ? Thank you. The lawyer said that he will meet up with me for the first time soon, but I’m just concerned of this situation and I’ll just like to have a lawyer close enough.
In most cases, yes — if you haven’t signed an agreement or the attorney hasn’t performed any work on your case, you can usually request a full refund of the retainer. A retainer is meant to cover future legal services, so if the lawyer hasn’t started billing time or expenses, they generally must return any unearned portion.
Even without a signed contract, it’s best to put your cancellation in writing (email is fine) and politely ask for confirmation that the retainer will be refunded. If the lawyer already opened a file or did preliminary work, they may deduct a small administrative fee, but they should provide an itemized explanation if any money is withheld.
If you have trouble getting your refund, you can contact the South Carolina Bar’s Fee Dispute Program, which helps clients resolve issues like this at no cost.
It’s understandable to want an attorney closer to you—just make sure you get everything in writing with the next lawyer so expectations about retainers, billing, and refunds are clear from the start.
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