Can a retainer agreement be broken?
Asked by: Breanne Block | Last update: August 1, 2025Score: 4.6/5 (9 votes)
A client may also void a retainer agreement if the attorney fails to provide them with a fully executed duplicate copy of the agreement. Careful attorneys will typically make sure to document this with a cover letter enclosing the duplicate copy mailed to the client at the outset of the representation.
Can you break a retainer agreement?
You may have signed a retainer agreement or a contract with an attorney, believing that he or she was the best choice, only to have communication break down or decide that you are simply not happy with your representation. Fortunately, California law permits you to terminate your contract for legal representation.
Can you fire a lawyer after signing a contract?
Yes. You can fire your lawyer at any time for any reason or for no reason at all, though you may owe for services rendered. How that is handled can depend on the kind of case that's involved. Also, you sometimes need court approval to change lawyers.
How to terminate a retainer agreement?
- Review the Retainer Agreement. ...
- Hire a New Attorney. ...
- Send a Termination Letter to Fire an Attorney. ...
- Finalize the Arrangement Regarding the Transfer of Files. ...
- Inform the Court.
Can I get my retainer back from a lawyer?
If you paid a retainer and there is money left from the retainer, then you are entitled to get the money back from the attorney. The attorney is allowed to take money from the retainer for the time he worked on your case.
Everything You Need to Know About Retainer Agreements
How long does a lawyer keep a retainer?
But how long is a lawyer retainer good for? Generally, a lawyer retainer is good for the duration of the legal matter for which it was paid. For example, if a client pays a retainer to handle a personal injury case, the retainer will typically cover the lawyer's fees and expenses until the case is resolved.
Are retainers always refundable?
Here's the kicker—only the true retainer is non-refundable. Unearned funds from either a security or advanced payment retainer must be refunded at the end of the work. Two ways to show that a retainer is non-refundable are (1) written informed consent by the client and (2) appropriate billing records.
Is a retainer legally binding?
A retainer agreement is a legal contract between a client and a professional (perhaps a law firm or other service provider). Let's take a lawyer, for example. The client pays a retainer fee in advance to secure the professional's legal services for a set number of hours rather than paying an hourly rate.
Can you fire a lawyer on retainer?
You as a client have an absolute right to fire, or “discharge,” your lawyer at any time. By signing a retainer, that does not mean that a client is joined at the hip with his or her lawyer until the bitter end. This holds true no matter what type of case, or what type of retainer the client has signed.
Can a lawyer get you out of a contract?
Your attorney can help you assess the situation and come up with a strategy and documentation to terminate the agreement if the law allows you to do so.
How do you tell a lawyer you no longer need their services?
Always terminate the relationship in writing.
Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. Be sure to send the letter by “certified mail with return receipt requested” so there's proof your lawyer received the letter.
Can you break a contract after signing?
You usually cannot cancel a contract, but there are times when you can. You can cancel some contracts within certain time limits. Some contracts must tell you about your right to cancel, how to cancel them, and where to send the cancellation notice.
Can you sue a lawyer for breach of contract?
Your Lawyer Breached the Contract
A breach occurs when an attorney fails to do something he or she agreed to in the contract, such as filing a deed or patent. A valid breach of contract claim exists if an attorney was contractually obligated to do something and did not.
What are retainer rights?
Right of Retainer: When someone is in charge of taking care of money or property for someone else, they have the power to keep some of that money or property if the person they are taking care of owes them money. This is called the right of retainer.
Can I cancel my retainer?
If either you or your attorney terminate the relationship before the retainer is exhausted, and if allowed by the agreement and applicable laws, the remaining portion of the retainer may be refundable. Ensure the termination terms in your agreement are clear and consult a legal professional if needed.
Is a retainer agreement privileged?
Retainer agreements are not privileged, however, unless they reveal a confidential communication of legal advice — the identity of the client, the fee arrangement, and the fact of retention are not privileged because they only involve the incidents of representation.
Can a retainer be terminated?
The client has the right to terminate the retainer at any time - the lawyer does not. Pursuant to rule 2.09 “Withdrawal from Representation”, Rules of Professional Conduct, you cannot withdraw your services except for good cause and upon appropriate notice to the client.
How long does a lawyer hold a retainer?
General retainers are fees for a specific period of time, not a specific project. Generally, this period is six to 12 months, though it can vary. You are basically paying the attorney to be available for discussions and questions about legal matters during this time.
Can I fire my lawyer and get a new one?
A: In California, you have the right to change attorneys at any stage of your case, even if you have signed a contingency fee agreement.
Why do lawyers want a retainer?
A retainer fee can be used to guarantee that the lawyer will be available to take a particular case. With this type of agreement, the client would be billed additionally for the legal work that is done.
What are the rules for retainers?
DO NOT wear the retainers while participating in sports or swimming. NEVER eat anything while wearing your retainers. It's OK to drink water while wearing the retainers, but remove them if you drink other beverages. If you forget to wear your retainer, wear the retainer full-time for few days to re-align your teeth.
What is the difference between a retainer and a retainer agreement?
RETAINER AGREEMENT vs. RETAINER FEE
While the “retainer agreement” is a binding document outlining the responsibilities and commitments of the client and the attorney, the “retainer fee” is a lump sum that the client agrees to pay to the attorney for the services agreed upon in the retainer agreement.
How to fire an attorney and get retainer back?
In order to avoid any potential financial backlash from your decision, you should fire your attorney using a notarized letter that you've sent to him or her via certified mail. This letter must outline the reasons that you've chosen to fire him or her and demand the repayment of any unused portion of your retainer.
Can I get the retainer fee back?
Key Takeaways: A retainer fee is a payment made to a professional, often a lawyer, by a client for future services. Retainer fees do not guarantee an outcome or final product. Portions of retainer fees can be refunded if services cost less than initially planned.
Is a retainer fee a contract?
A general retainer contracts the services of an attorney for a specific period. The client essentially pays for the availability of the lawyer, or at least, for their preferential attention within that time. They can expect their services when called. A retaining fee agreement is commonly used today.