I have an interesting question. I had a lawyer about a year ago that filed a modification order for me. Some things happened and we weren't able to go thru with it so we filed a dismissal. I met with him maybe 2 times for 30 min each and talked to him on the phone maybe 4 times for 15 minutes each. He prepared and filed 1 motion to modify and then filed the motion to dismiss. I paid him a 1500 retainer. Now, I don't think what he did adds up to 1500.00. I have since found a new atty in the correct county to file again. However, I don't have the money for a retainer. Do attorneys have to refund unused portions of retainers? I would say I have at least 500 due me and that would cover the down payment on the new atty. Anyone have any experience with this? I can't use the old atty as he can't practice here. thanks

I had a similar situation but in a different state. In the state I was in the unused retainer fees were to be returned IMMEDIATELY. In my case they were.

Did you get a receipt for the advance on the fee?

well, the dismissal was filed at the end 0f 05. I never thought about the retainer again until I talked to the new atty. My parents wrote a check so that would be receipt.

I have an interesting question. I had a lawyer about a year ago that filed a modification order for me. Some things happened and we weren't able to go thru with it so we filed a dismissal. I met with him maybe 2 times for 30 min each and talked to him on the phone maybe 4 times for 15 minutes each. He prepared and filed 1 motion to modify and then filed the motion to dismiss. I paid him a 1500 retainer. Now, I don't think what he did adds up to 1500.00. I have since found a new atty in the correct county to file again. However, I don't have the money for a retainer. Do attorneys have to refund unused portions of retainers? I would say I have at least 500 due me and that would cover the down payment on the new atty. Anyone have any experience with this? I can't use the old atty as he can't practice here. thanks

Write a letter to the attorney asking for a print out of services rendered and the charges for each service. For now, do NOT mention the retainer at all, first find out what you were charged, then you can send a second letter asking for a refund of any portion of the retainer that wasn't used.

And find a copy of the contract you signed with the atty. It should state in the contract how any remainder of retainer will be handled.

And find a copy of the contract you signed with the atty. It should state in the contract how any remainder of retainer will be handled.

Ooops, forgot about that.:o

i got a letter from the atty today with a stmt of my acct and it says "you continue to have a credit balance of 590.50. There is no record of a signed contract in your file. It would be out of the ordinary for XX to have a contract signed in his domestic relations clients. His normal retainer fee is a non-refundable 1500...." Since I signed nothing stating I knew it was non-refundable and I have a credit balance of 590.50- can I send a letter asking for them to issue the credit to me. Since I no longer live there, his services are of no use to me.

i got a letter from the atty today with a stmt of my acct and it says "you continue to have a credit balance of 590.50. There is no record of a signed contract in your file. It would be out of the ordinary for XX to have a contract signed in his domestic relations clients. His normal retainer fee is a non-refundable 1500...." Since I signed nothing stating I knew it was non-refundable and I have a credit balance of 590.50- can I send a letter asking for them to issue the credit to me. Since I no longer live there, his services are of no use to me.

Send a letter requesting a refund. Explain in the letter that you were never told that the retainer was non refundable.
Have they already refused to refund it to you? If so, you can include in the letter something about the possibilty of small claims court and filing a complaint with the Bar association. This MIGHT make them think twice about fighting with you. Of course, they would need to prove that they informed you of the non refundable clause, but in order to do that, they'd need to produce a copy of a contract signed by you. If they can't do that, they owe you the refund. Most attorney's already know that if something isn't in writing and signed- it just ain't true or provable.

I agree with Xena. If you were not informed the retainer was non-refundable and there is no contract that says the atty gets to keep any unused portion, you should get your money back. If he refuses to refund the money, you will have to take the atty to small claims court. Let me know if you are going to be on Judge Judy.:p

well, i sent a letter asking for the refund- we shall see what happens. i think I would choose people's court- lol

well, i sent a letter asking for the refund- we shall see what happens. i think I would choose people's court- lol

I like peoples court alot better than Judge Judy. But- I'd love to get my hubby's ex in front of Judge Judy, even if I lost, it'd be wonderful to see her squirm to explain why she committed so many crimes and got away with them.:D