What to do if a lawyer takes your retainer but does nothing?
Asked by: Albertha Herzog | Last update: July 26, 2025Score: 4.1/5 (63 votes)
Send a Formal Demand Letter: Send a formal letter to the attorney's office via certified mail with a return receipt requested. In the letter, outline the issue, including the date the retainer was paid, the lack of communication or work performed, and your demand for a refund.
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.
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.
Are retainers usually refundable?
Most frequently, the client agrees to a security or an advanced payment retainer where payment for services is drawn from the monies held in trust. 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.
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.
How Does a Retainer For Lawyer Works? | Lawyer Retainer Agreement
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.
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 much is a 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.
How long are retainers guaranteed for?
They do need regular inspection (we recommend a check up every 12 months) because if any of the bonds fail, the tooth in question may start to drift out of position. We guarantee our bonded retainers for 12 months so any repairs made during this period are free of charge.
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.
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.
Can a retainer last 10 years?
If you give your Hawley retainer the TLC It deserves, it can last anywhere from 5 to 10 years! These removable acrylic retainers are often replaced around 8 years. (See a picture below of a Hawley retainer for reference!)
What is the monthly retainer fee?
A monthly retainer is an agreement for long-term projects between a contractor and a client. It provides the contractor with stable monthly payments and the client with a stable workforce during the course of the project. The retainer can be paid upfront or after the first month of work.
Can a lawyer cancel a 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.
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.
Are lawyer retainers negotiable?
In the vast majority of legal cases, lawyers already have a standard retainer form ready. However, it is always better to read through the details. Clients have the freedom to negotiate the retainer agreement and even to refuse it.
How quickly do teeth move without a retainer?
However, in general, teeth can start shifting back within a matter of weeks after discontinuing retainer use. Initially, the movement may be subtle and barely noticeable. You might observe minor gaps between your teeth or a slight overlap where there was none before.
Can I get free replacement retainers?
Initial Inclusion: If the retainer provided initially is defective or breaks shortly after it's received, it's common for orthodontists to replace it for free or at a reduced cost.
Are retainers free for under 18?
NHS Orthodontic treatment is free for qualifying patients under 18 years. One full set of removable retainers are supplied at the end of treatment free of charge.
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.
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.
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.
How long does a lawyer have to return a retainer?
Since your lawyer is legally obligated to keep your retainer in an escrow account and can't access the money without sending a formal bill to you, he or she will probably repay it without delay. If your lawyer fails to return these funds within 30 days, you may take several steps to ensure that you aren't cheated.
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 a lawyer represent you without a retainer?
Do all lawyers require an upfront retainer fee for legal representation? You may be able to find an attorney that does not require a down payment of a retainer fee.