Can I fire my attorney and get my retainer back?

Asked by: Dr. Ike Daniel I  |  Last update: November 24, 2025
Score: 4.5/5 (60 votes)

Do you ever get your retainer fee back? Yes, you should receive a refund of any and all of the unearned retainer after your attorney invoices all work that was performed on your case. If the work performed exceeds the amount of money that you had in trust, you may have a balance due to your attorney.

Are retainers typically refundable?

A retainer fee secures a professional's future services, often non-refundable and used to reserve their availability.

Can you get a retainer back?

The courts don't hold retainer funds. Those are required to be held in trust accounts of the law firm. If there is a balance left, that balance is yours and he must return it promptly. This may just be some oversight by the attorney. You should contact him in writing and request the retainer is returned.

How long can a lawyer keep your 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.

Can you cancel a lawyer retainer?

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.

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Can I fire my lawyer and get my retainer back?

If your case is not complete and you wish to have your remaining balance of your trust account refunded, your attorney may first need to withdraw from your case and terminate services prior to refunding your retainer.

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 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 much is the average lawyer retainer fee?

Retainer fees for attorneys work as an advance fee. Lawyers hold the fee in a dedicated account and deduct it after they complete the work. Clients can either make an online payment for the fee or they can opt for a traditional payment method. The average lawyer retainer fee can be around $2,000.

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 I put my retainer back in?

Your teeth have likely started shifting toward their old positions, and if you try to fit your retainer back in your mouth, you could hurt your teeth or gums. Your retainer should go in easily and fit comfortably, so if you have to jam it back in, wearing it probably will do more harm than good.

How much do you have to pay if you lose your retainer?

While the cost can vary depending on factors like your orthodontist, insurance, and treatment plan, you can expect to pay between $100 to $500 for a new retainer. The good news is once you get a new retainer, you'll be back to confidently flashing that bright smile again.

How to pay attorney retainer fee?

An attorney may accept a credit card as a form of payment for a retainer, but the entire fee must be put onto the account. Using a credit card may be a good option if the interest on the card is low. A credit card may be easier to pay back than a personal loan.

Can I ask for my retainer back?

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.

How do retainers work with lawyers?

When a client pays a retainer fee, the lawyer agrees to take on the client's case and provide legal services during the agreed-upon period. The lawyer deposits this fee into a trust account and it remains there until the lawyer earns it.

Do you have to pay a lawyer upfront?

In some instances, a lawyer may ask you to pay a certain amount before they begin to work on your case. The attorney then bills his expenses and time against the retainer fee as your case progresses.

Why are lawyer retainers so expensive?

Additionally, a retainer may vary depending on the hourly rate of the attorney. An attorney with more experience and expertise, and thus a higher hourly rate, may require a higher initial retainer to begin working on a case, with the reason being that a higher hourly rate will eat away at a retainer faster.

Will a lawyer take a losing case?

If they can't sufficiently prove your case, a personal lawyer may refuse to take it. Remember, lawyers, do not like to take cases they don't think they can win. A lot of hours go into preparing a lawsuit involving more people than just the attorneys.

How do you negotiate an attorney retainer?

Offer to pay a retainer upfront or provide a lump-sum payment to secure a lower overall fee. Suggest a fee structure based on a sliding scale or installment plan to spread out the payments. Ask about unbundled legal services, where you only pay for specific tasks or consultations.

How do I fire my attorney and get my 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 my retainer removed?

A permanent retainer is a device that keeps the teeth in the same place after a person has braces. The retainers remain in the mouth long-term and only an orthodontist can remove them. With regular retainers, people can wear and remove them whenever they choose.

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.

What not to tell a lawyer?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

Can you fire your attorney at any time?

In California, clients have the right to change their legal representation at any stage of their case. Here are the key steps and considerations for your situation: 1. Terminating Your Current Attorney: You can terminate your attorney-client relationship at any time.

What is the most common complaint against lawyers?

According to the ABA, the most common attorney discipline complaints filed with the bar association involve:
  • Neglect.
  • Lack of communication.
  • Misrepresentation or dishonesty.
  • Scope of representation.
  • Fee disputes.