Appellate Practice Attorney serving New York, NY
Usually, any usused portion of a retainer (i.e. amounts above the time that has been spent) would be refundable, but this has nothing to do with whether a case goes to court or not. If an attorney spends 5 hours preparing a complaint, but the client settles tha case before the complaint is filed, the attorney is still paid for the 5 hours.
Answered on Feb 17th, 2016 at 12:01 PM