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anattorneyquest · Jan 28, 2010, 12:17 PM

My daughter was seeking the aid of an attorney in Florida to begin procedures for an uncontested divorce. She gave a $3000 retainer in June and in October decided not to proceed with the divorce. Other than the initial visit and filling out some paperwork in June 2008, she has not had any other discussions nor received any accounting or paperwork from the attorney. She has made numerous requests to get an accounting of what had been done on her behalf from the attorney and for a return of any unused retainer. Is it normal practice for the attorney to say that the retainer is non refundable and to not account for any work performed?

cdad · Jan 28, 2010, 02:11 PM

No that doesn't sound normal. A retainer is for fees that are about to be made. Does the paperwork say non refundable ?

KISS · Jan 28, 2010, 02:22 PM

No. You should have beed provided costs and time.

At x,y,z event he would have spent x,y,z money. After each event cost, his retainer for that cost is spent is not refundable.

anattorneyquest · Jan 28, 2010, 02:26 PM

The agreement he had her sign did say non refundable but he kept telling her that since this is going to be non-contested that it "should only take a couple of hours work plus the filing fees, so this will be the cheapest divirce in history". She felt he was indicating to her that it could only cost her a few hundred dollars, especially since the divorce papers were never filed.

Fr_Chuck · Jan 28, 2010, 03:38 PM

It sounds like it is non refundable, he never did say she would get it back, ( only hinted it was cheap) and to be honest 3000 is pretty cheap for an attorney.

She can if she wants file a complaint with the state Bar association, and ask for mediation on this issue.
But if the paper work she signed said non refundable, I don't see where it will be.