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Retainer Refund Question

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JMarsh111

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

I paid the most incompetent lawyer a retainer and now that I've figured out that this lawyer is a loser, I'd like to get refunded my retainer... at least the portion not used. I don't have the patience to detail why I feel he was incompetent and did not represent me properly so I will stick to the main points such as often not being able to reach him, not getting my phone calls returned, and even on the day of a hearing when he was supposed to contact me prior to court to brief me, not doing so. Needless to say, I lost my case, and fired him (told him he was a terrible lawyer and I no longer wanted to be represented by him). Now after two weeks of repeated calls requesting a statement of service, I finally got one which shows a balance not used of what I paid him. At minimum I would like to get a refund of that portion. I don't remember ever signing a retainer agreement although I do remember getting one. Because he is in a different city I hired him, and dealt with him entirely by phone and email. I don't have my copy of the retainer agreement, which is why I requested a copy, and his copy does not have a signature and indicates "by phone" on the signature line. The agreement does clearly state that it is non-refundable, but because I was mis or under-represented, I want my money back or at least some of it.

What action can I take to get it back..? Any advice would be greatly appreciated.
 


Hot Topic

Senior Member
"The agreement clearly states" that it's non-refundable. What about the word "non-refundable" don't you get? The attorney didn't agree to send you a refund if you didn't win the case. He didn't agree to refund your money if you didn't like how he represented you.

You can report him to the State Bar, but unless you can come up with detailed proof that his representation was a violation of State Bar rules, I don't think your case will go far.
 

latigo

Senior Member
However you decide to proceed against the attorney DO NOT let this business of the retainer fee being non-refundable influence you decision.

First, the terms are incompatible – mutually exclusive. Money paid to an attorney in advance for professional services is just that. It is a credit towards future services and fees earned.

Second, money received in advance from the client that has not been earned must be placed in the attorney’s trust account and drawn as it is earned and accounted for to the client as it is withdrawn - and not in the attorney’s pocket!

Third, such a non-refundable clause, in the sense that it would allow the attorney to pocket a client’s money without performing services on behalf of the client would be void as being unconscionable.

Fourth, here the attorney is not treating the retainer as non-refundable.

I finally got (a statement) which shows a balance not used of what I paid him.
Last, in Cu Phan vs Rutledge (a case before the California Court of Appeals 4th District Division Three Case No. G042983 - September 2010) the California court struck down an attorney retainer fee agreement “called non-refundable” as being unlawful.

(Quoting from the body of the decision)

Although the United Law Group’s fee agreement provides that the retainer is `non-refundable,’ in practice that is not how the fees are handled. While fees for services actually performed are non-refundable, if at the end of its engagement and the payment of all outstanding invoices there remains any part of the retainer, the United Law Group refunds to clients the balance.”
 

JMarsh111

Junior Member
Thank you Latigo. Your advice encourages me to get the unused portion of the retainer refunded, which should only be right. Why should I pay for services not rendered especially when services rendered were so substandard.

Hot Topic... Although I was poorly represented, I just want my money back for the services not rendered. I'm not inquiring about getting everything back although we lost the case. I recognize that the lawyer did invest some of his time and resources (as little and bad as it was) but should I have to pay for services not rendered..?
 
I agree with Latigo ... non-refundable retainer, indeed! Also, I would take issue with your attny being the BIGGEST idiot...I have seen some real idiots who could not even write up a simple motion..
 

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