Can you fire your lawyer and get your retainer back?

Asked by: Miss Verdie Purdy II  |  Last update: July 5, 2025
Score: 4.3/5 (50 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 you fire an attorney and get retainer back?

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 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.

Are retainers typically refundable?

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

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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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.

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.

What is a normal retainer fee for a lawyer?

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.

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.

Do you have to pay if you lose your retainer?

If you lose or damage your traditional removable retainers, chances are you'll need to pay out of pocket to replace them. Replacement retainers may not be covered by your insurance provider 6 or included in your treatment fee.

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 does it cost to reattach a retainer?

Repairing or replacing your retainer will generally cost between $199-$500.

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 you ask for a retainer back?

Lawyers are ethically bound to return any unused portion of a client's retainer fees. 2 If you are unsure if your retainer is exhausted, you can ask your lawyer for an itemized invoice listing all of the work that they have performed.

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.

Can a lawyer fire a client on retainer?

Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering ...

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.

How much does a retainer cost?

In general, a removable wire retainer may cost approximately anywhere between $150 and $600 in the U.S. Clear plastic removable retainers tend to ring up around $400 to $800.

How long can I go without wearing my retainer before my teeth shift?

Is it OK if I don't wear my retainer for a week or two? Throughout your retention phase, it's possible for your teeth to shift a bit if you go without wearing your retainer for a week or two. Your retainer may feel tight on your teeth when you put it back in.

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.

Can you negotiate lawyer fees after settlement?

If you're concerned about how much your lawyer will take from your settlement, you might be able to negotiate the percentage. However, it's important to understand that not all lawyers are willing to negotiate their fees.

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 not to say to your 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.

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.