Can you fire a lawyer on retainer?
Asked by: Megane Weber | Last update: January 21, 2026Score: 4.7/5 (74 votes)
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 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.
Do you get your retainer back if you fire your lawyer?
You have the right to fire your lawyer and receive a refund of any unearned retainer that you've paid. That's true in every state in the US. If you are disappointed in the level of service (usually the lawyer not returning calls), then all you can do is fire the lawyer and ask for a return of your unearned retainer.
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.
Why do people keep lawyers on retainer?
For clients, a retainer provides peace of mind that they have dedicated legal representation to work on their case. This also provides a level of assurance that they will have the legal help they need when they require it.
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How much is the average lawyer retainer fee?
A lawyer retainer fee varies widely based on factors such as the lawyer's experience, location, and the complexity of the case. On average, retainer fees can range from $1,000 to $5,000. For instance, in family law, retainers typically fall between $2,000 and $5,000.
How to fire a lawyer on retainer?
You would need to fire them in writing and ask for a refund of any unearned retainer. They are supposed to stop working if you terminate the relationship.
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 I terminate my lawyer service?
If your concerns are not resolved or if you have made the decision to terminate your attorney, you will need to provide a termination notice. This can be done through a formal written letter, clearly stating that you are terminating their services and the reasons behind your decision.
What happens if you fire your lawyer before trial?
Depends on the judge. They may grant you a continuance in order to find a new attorney or, especially if they think you fired your attorney as a stalling tactic, they may continue to trial without your attorney. If it is a criminal case, you may not have an option of firing your attorney.
Is a legal retainer a contract?
A retainer agreement is a work-for-hire contract. It falls between a one-off contract and permanent employment, which may be full-time or part-time. Its distinguishing feature is that the client or customer pays in advance for professional work to be specified later.
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.
Do you get your retainer back from a lawyer if you fire them?
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.
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.
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?
- 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 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.
What is the most common complaint against lawyers?
- Neglect.
- Lack of communication.
- Misrepresentation or dishonesty.
- Scope of representation.
- Fee disputes.
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.
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.
What to say when firing a lawyer?
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.
Do you ever get your retainer fee back?
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.
What is a reasonable attorney fee?
COURT AWARDED ATTORNEY'S FEES - WHAT IS 'REASONABLE'?
THE DISCRETION OF THE COURTS IN DETERMINING THE PROPER AMOUNT OF A FEE AWARD IS FOUND NOT TO BE UNLIMITED IN EITHER CONTEXT. IN BOTH CONTEXTS, A REASONABLE FEE IS ONE THAT AWARDS THE ATTORNEY THE MARKET VALUE OF THE TIME AND EFFORT JUSTIFIABLY EXPENDED.
How do you know if a lawyer will take your case?
Factors Lawyers Consider Before Taking a Case
Legal Merit: A lawyer will first assess the legal merit of your case. This involves evaluating the evidence and determining if the law supports your claims in the lawsuit. A case with strong legal foundations stands a better chance of being accepted.