Retainer Refund

[lima_charlie]

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

I hired an attorney to represent me in a family law legal matter. I paid the attorney a NON-REFUNDABLE TRUE RETAINER FEE (per the fee agreement contract) of $4,000.

The case is/was settled to my satisfaction. I sent the attorney a letter informing her that I no longer needed her services and requested a final summation of my bill, as well as a refund of the retainer not used.

Afte 6 months, I finally received a letter from the attorney indicating that she was sending me a final bill, however the fee was non-refundable.
The final bill indicates she utilized $2610 of the retainer, leaving a balance of $1390. I don't have any additional legal services where I would need to hire this attorney (nor would I if I did need legal assistance!)

So, in the event that you are essentially terrminating an attorney, does that mean the remaining retainer is lost? Fine if it is-lesson learned by me not to enter in to that type of agreement! Seems strange to me that they get to keep this "unearned money."

Any advice is appreciated. I may contact the CA State Bar, but figured the folks on this forum would be able to give me the best information first!

[Antigone*of*Greece]

Originally Posted by lima_charlie

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

I hired an attorney to represent me in a family law legal matter. I paid the attorney a NON-REFUNDABLE TRUE RETAINER FEE (per the fee agreement contract) of $4,000.

The case is/was settled to my satisfaction. I sent the attorney a letter informing her that I no longer needed her services and requested a final summation of my bill, as well as a refund of the retainer not used.

Afte 6 months, I finally received a letter from the attorney indicating that she was sending me a final bill, however the fee was non-refundable.
The final bill indicates she utilized $2610 of the retainer, leaving a balance of $1390. I don't have any additional legal services where I would need to hire this attorney (nor would I if I did need legal assistance!)

So, in the event that you are essentially terrminating an attorney, does that mean the remaining retainer is lost? Fine if it is-lesson learned by me not to enter in to that type of agreement! Seems strange to me that they get to keep this "unearned money."

Any advice is appreciated. I may contact the CA State Bar, but figured the folks on this forum would be able to give me the best information first!

I'm sorry but I don't understand why you don't get this. What part of NON-REFUNDABLE don't you understand.

[lima_charlie]

Thank you for your response-and now I'm hoping someone versed in California Law will respond. There are certain rules regarding True Retainer fees in the state of California and whether or not they are viable if the attorney performed services.

So, based on your response, should one infer that if the attorney SUCKS, then you are also SOL? I mean, after all, non-refundable is non-refundable.

I knew I should have gone to Law school.....

[JustAPal00]

Had a similar thing happen years ago. If you need an attorney in the future, you have a ballance with that one.

[Ohiogal]

Originally Posted by lima_charlie

Thank you for your response-and now I'm hoping someone versed in California Law will respond. There are certain rules regarding True Retainer fees in the state of California and whether or not they are viable if the attorney performed services.

So, based on your response, should one infer that if the attorney SUCKS, then you are also SOL? I mean, after all, non-refundable is non-refundable.

I knew I should have gone to Law school.....

See I have the case law to support my answer and it would explain exactly why i am right, however I am not a CA attorney.