Asking for another retainer?

[Forbana]

What is the name of your state (only U.S. law)? Florida

I have a basic ethics question, I have retained my lawyer for a divorce/custody case. Since, she has filed the petition and has started the process. I am not being allowed to speak with my son and I asked her today if we could file an emergency motion with the court. She then told me that we could, but would require another non-refundable retainer that is equal to about 8 hours of billable hours. In honesty, and remember I am not a lawyer, I could not imagine drafting the motion and the (maybe) hour in court (including drive time, etc.) would be over 3-4 hours.

My question is this, is this ethical? Should I have to "retain" her a second time to file a motion on a case she is already retained on and, which I consider, part of the reason she is my lawyer? Should she be working on the case that I have hired her for or should I expect any (reasonable) motion should be filed with the time deducted from the large retainer I already paid?

This is the first time I have really dealt with a lawyer, so I really do not know what to expect. If this does bring up some ethical concerns, what is my course of action? I would not want to "upset" her and have her drop me as a client and keep the non-refundable retainer I already paid.

Any help would be greatly appreciated. Thanks!What is the name of your state (only U.S. law)?

[tranquility]

Sure it is. Agree or disagree. The problem is, you will probably have to pay more if you go to a new attorney.

[Forbana]

Thanks for the response. I do disagree, but I had to ask. I mean she still has 4000 (non-refundable) of my last retainer left, so I thought it would be applied to everything that had to do with the case.

So when you hire a lawyer to "undertake your representation" in a court matter, it only means specific items? Sounds shady, but I guess that is common practice.

Thanks again for your response.

Robert

Originally Posted by tranquility

Sure it is. Agree or disagree. The problem is, you will probably have to pay more if you go to a new attorney.

[azlawstudent]

Depending upon how successful you want your motion to be, count on 3-5 hours of research/writing. She might even have to file a reply to the other party's response, which could be another few hours.

There is nothing unethical about asking for another retainer. Family law is one of those fields infamous for the difficulties of collection, so naturally, many family law attorneys want as much of their fees up front as possible.

You are right in pointing out the irony of the word retainer. You have indeed retained to her to represent you, in accordance with any representation or fee agreement you have agreed to. However, it's quite common to request subsequent retainers when the initial retainer runs out, or when large new projects come up (such as emergency motions).

[Forbana]

Thanks AZ, I do appreciate that comment, it somehow makes me feel better as it makes more sense.

Thanks again!

Robert

Originally Posted by azlawstudent

Depending upon how successful you want your motion to be, count on 3-5 hours of research/writing. She might even have to file a reply to the other party's response, which could be another few hours.

There is nothing unethical about asking for another retainer. Family law is one of those fields infamous for the difficulties of collection, so naturally, many family law attorneys want as much of their fees up front as possible.

You are right in pointing out the irony of the word retainer. You have indeed retained to her to represent you, in accordance with any representation or fee agreement you have agreed to. However, it's quite common to request subsequent retainers when the initial retainer runs out, or when large new projects come up (such as emergency motions).