Can you back out of a retainer agreement?
Asked by: Prof. Antonetta Roob IV | Last update: January 22, 2026Score: 4.2/5 (54 votes)
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 I get out of a retainer agreement?
All you would need to do is notify your current attorney that you would like to terminate services, ask for a detailed final bill, and have your retainer balance returned.
Can I change my mind after signing a retainer agreement?
Hello. My name is ***** ***** I am an attorney. In most situations, the answer to this question, unfortunately, is no. Once an agreement is signed, it can only be terminated or cancelled as permitted by the terms of that agreement.
Can you get a retainer fee back if nothing was done?
Any unearned retainer fees that are not used can be returned to the client. Earned retainer fees are the portion of the retainer that the lawyer is entitled to after work begins. Earned retainer fees may be granted to the lawyer bit by bit, depending on the number of hours worked.
Are retainers typically refundable?
A retainer fee secures a professional's future services, often non-refundable and used to reserve their availability.
Everything You Need to Know About Retainer Agreements
Can you get a refund on a retainer?
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.
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.
How do you 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.
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.
How long does a retainer fee last?
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 an agreement after signing?
Sometimes an agreement will contain a clause that allows a party to terminate the contract at will. This is called an express right to terminate. Express right to terminate a contract refers to a clause or provision included in a contract that allows one or both parties to end the agreement under certain circumstances.
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.
How long after signing a contract can you change your mind?
Cooling-off Rule is a rule that allows you to cancel a contract within a few days (usually three days) after signing it. As explained by the Federal Trade Commission (FTC), the federal cooling-off rules gives the consumer three days to cancel certain sales for a full refund.
Can a retainer agreement be broken?
A retainer agreement can be subject to a breach of contract like any agreement. Some common attorney retainer agreement conflicts may include: Disputes over the amount of legal fees to be paid. Disputes over the type of bank account to be used.
How do you terminate a retainership?
The retainer letter should include a provision with respect to termination of the retainer by either the client or the lawyer. If the client ends the retainer, the termination clause should require the client to pay any fees or expenses for work done to date.
Can I cancel my contract with my lawyer after signing it?
Fortunately, California law permits you to terminate your contract for legal representation. Also, you are not prohibited from changing lawyers. California law allows you to terminate the services of one lawyer and immediately upon doing so retain the services of another.
What are the rights of retainer?
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.
Do all lawyers require a retainer?
However, no laws require retainer agreements for clients and attorneys undertaking a general retainer relationship. This is true especially if a similar kind of service has been rendered to and paid for by the client already.
How to take a retainer out?
Remove the upper retainer by pulling down on the inner (tongue side) edges in the back corners to loosen each side, then remove the entire retainer in a downward direction.
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.
How do you terminate a retainer?
There are no rules about how a client may terminate a retainer, but written notice is best to avoid misunderstandings that may arise. For example, if a client tells you they are firing you, there may be potential liability issues if you or the client continue to conduct yourselves as if the retainer is ongoing.
Is a retainer refundable?
A retainer is by default non-refundable and is not returned. Instead, it gets applied to the total. Think of a security deposit for an apartment or a cleaning deposit for an event venue rental (separate from the actual fee for the event cost itself). These are fees that are separate from the total.
How do I cancel attorney representation?
Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.
Can you negotiate retainer?
Be prepared to negotiate the terms of the retainer agreement. If the client is resistant to agreeing to a retainer, try offering a lower fee in exchange for a longer contract term. Or, propose a trial period to start off the relationship.
What happens if you leave your retainer?
If you don't wear a retainer after braces or Invisalign treatment, your teeth will shift back towards their old positions. Wearing retainers is the only way to stop this and protect the investment you made in your smile.