retainer agreement

What is the name of your state?What is the name of your state? NH

I spoke to a lawyer on the phone about a problem I am having with school. It may end up going to court in the long run, or I might just need a lawyer to review the files, advise me, and write some letters.

When I spoke to the lawyer about this, she told me to send her a copy of my file along with a $1,000 "retainer". She did not mention anything about a retainer agreement. My assumption was that a "retainer" is money paid in advance to be applied towards billable hours. I spoke to her the next day to set up an appointment, and she again instructed me to come with the retainer fee. I asked what would happen to the balance of the retainer if my problem was resolved before I used up the $1,000. It was then that she explained that not only is it "non-refundable", but the retainer was a fee for her just to accept the case, and that it would not be applied to her billable hours.

I now feel uncomfortable with this lawyer, as I feel that should have been explained or sent in a written retainer agreement. Is this common practice amongst lawyers?

Thank you.

It is not wrong to ask for a retainer. But since this attorney does not agree to your demands, it's time for you to shop for another one, and be smart enough to ask in advance, as you did with this one, whether the advance is applicable towards billable hours. A smart and savvy attorney who wants your business will be more inclined to accept your terms, and make sure that that requirement is in any agreement you sign with them.

MO

If the attorney is a good, ethical lawyer, whatever time and money they use under $1000 will be refunded to you. I paid a retainer once and the case was over very quickly and after the case was over, I received a chunk of my retainer back in the mail. Not likely with laywers, but I got lucky.