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conslov · Sep 6, 2008, 05:51 AM

Is a retainer fee refundable or have you just lost your money?

twinkiedooter · Sep 6, 2008, 06:19 AM

I presume you are asking about attorney's retainer fees. If you paid the attorney a retainer fee and the attorney did work on your case, then if you do ask for your money back some attorneys pro rate the paid retainer and will refund the unused portion to you. You can't presume anything though about any sort of refund. You need to discuss the possible return of the retainer fee with the attorney who you paid the money to. There are all sorts of scenerios here that could play out.

ScottGem · Sep 6, 2008, 06:21 AM

A retainer is an advance payment for work to be performed. If the actual work is less than the retainer then you would be due a refund.

Fr_Chuck · Sep 6, 2008, 06:52 AM

This needs to be discussed before you give them the retainer. In most cases it is for future paymnet. So they do the billing, take it from what you paid.

JudyKayTee · Sep 6, 2008, 07:08 AM

Originally Posted by conslov

Is a retainer fee refundable or have you just lost your money?

Can't speak for the rest of the World but I work off a retainer in 90% of my assignments - if money is left over, it's refunded. If not, the client is billed for the additional work.

It guarantees payment to me and the Attorney assigning the case.

I've never known an Attorney not to refund the unused portion of the retainer.

KISS · Sep 6, 2008, 12:23 PM

In may cases when fixed fees are involved, the retainer is an amount to draw from to guarantee the lawyer gets paid. Example for a criminal case:

When he earns that money and how much can be specifically spelled out.
e.g. $3000 retainer. $3000 for his services for your problem.

Consultation: Might be $0 or fee based.
$1500 earned when he communicates to the court requesting discovery, enters plea, requests whatever type of trial he sees fit etc. He should tell you when it's spent.

You decide to get another lawyer at this point, the $1500 unused will be refunded.

$500 to meet with you about what was discovered (actual charges, evidence etc.)

$1000 Trial.

He may also spell out that if he gets the case dismissed, he earns the $3000 immediately because he did his job.

This all should be explained fully. Additional fees for "expert witnesses" could be additional and expungement, assuming it gets that far would be additional.

JudyKayTee · Sep 6, 2008, 12:26 PM

Originally Posted by KeepItSimpleStupid

In may cases when fixed fees are involved, the retainer is an amount to draw from to guarantee the lawyer gets paid. Example for a criminal case:

When he earns that money and how much can be specifically spelled out.
e.g. $3000 retainer. $3000 for his services for your probelm.

Consultation: Might be $0 or fee based.
$1500 earned when he communicates to the court requesting discovery, enters plea, requests whatever type of trial he sees fit etc. He should tell you when it's spent.

You decide to get another lawyer at this point, the $1500 unused will be refunded.

$500 to meet with you about what was discovered (actual charges, evidence etc.)

$1000 Trial.

He may also spell out that if he gets the case dismissed, he earns the $3000 immediately because he did his job.

This all should be explained fully. Additional fees for "expert witnesses" could be additional and expungement, assuming it gets that far would be additional.

I'll throw in my two cents, too - all of this is correct. I must mention that no matter how the case is resolved - win, lose, draw - the Attorney still gets paid, first out of the retainer and then through private billing.

I've had clients confuse "retainer" and "contingency."

(Good advice, KISS - and experts get paid in advance and they often want a retainer to endure that they will get paid for their prep for Court.)