quincy
Senior Member
What is the name of your state (only U.S. law)? Pennsylvania
A thread was deleted from this section of the forum. Not too happy about that.
The poster (who has two other threads in the Trust section) was trying to get a refund from a Pennsylvania attorney for the unused portion of a $1500 retainer paid by his father. The attorney was hired to help with the transfer of property from the poster's father with Alzheimer's to the poster's daughter. The poster believed that the attorney (at $225 an hour) could not have spent more than $500 on his father's behalf. He also thought the attorney was ignoring his calls.
In Pennsylvania (and in only a few other states), attorney retainers can be nonrefundable if the agreement entered into between the attorney and the client has a reasonable fee charged (not excessive) and the nonrefundable retainer is fully explained to the client and reduced to writing, preferably with the nonrefundable fee clause prominently placed or initialed by the client indicating it had been discussed prior to signing.
It appeared from what was quoted of the fee agreement that no nonrefundable retainer clause existed in the attorney contract so the father could be entitled to a refund of the amount remaining of his retainer.
The poster was advised to have his father send the attorney a letter with the father's signature notarized. The letter should be sent certified mail, return receipt requested. The letter should explain the reason for the father's wish to terminate the services of the attorney, and it should request a final detailed billing and it should demand the refund of all retainer money not used. The poster was also advised that his father should give the attorney 30 days to respond to the letter after its receipt.
Because the father has Alzheimer's, it was also recommended that the father still have legal representation to handle the transfer of property from the father to the poster's daughter. Legal issues could arise otherwise.
Posters, please do not delete threads without good reason (e.g., it could compromise a case). Thanks.
A thread was deleted from this section of the forum. Not too happy about that.
The poster (who has two other threads in the Trust section) was trying to get a refund from a Pennsylvania attorney for the unused portion of a $1500 retainer paid by his father. The attorney was hired to help with the transfer of property from the poster's father with Alzheimer's to the poster's daughter. The poster believed that the attorney (at $225 an hour) could not have spent more than $500 on his father's behalf. He also thought the attorney was ignoring his calls.
In Pennsylvania (and in only a few other states), attorney retainers can be nonrefundable if the agreement entered into between the attorney and the client has a reasonable fee charged (not excessive) and the nonrefundable retainer is fully explained to the client and reduced to writing, preferably with the nonrefundable fee clause prominently placed or initialed by the client indicating it had been discussed prior to signing.
It appeared from what was quoted of the fee agreement that no nonrefundable retainer clause existed in the attorney contract so the father could be entitled to a refund of the amount remaining of his retainer.
The poster was advised to have his father send the attorney a letter with the father's signature notarized. The letter should be sent certified mail, return receipt requested. The letter should explain the reason for the father's wish to terminate the services of the attorney, and it should request a final detailed billing and it should demand the refund of all retainer money not used. The poster was also advised that his father should give the attorney 30 days to respond to the letter after its receipt.
Because the father has Alzheimer's, it was also recommended that the father still have legal representation to handle the transfer of property from the father to the poster's daughter. Legal issues could arise otherwise.
Posters, please do not delete threads without good reason (e.g., it could compromise a case). Thanks.
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