How do I get my lawyer retainer back?

The attorney cannot claim the retainer fee until he has completed the work and invoiced the client. Any remaining retainer fee after paying the hourly attorney fees should be returned to the client.

Are retainers refunded by lawyers?

Rule 3-700(D)(2) of the Rules of Professional Conduct (“Rules”) provides that unless the attorney and client have contracted for a “true retainer” (also known as a “classic retainer”), the attorney must refund any portion of an advance fee that the attorney has not yet earned.

Can you fire a lawyer and get your retainer back?

If you fire a lawyer to whom you have paid a retainer, you are entitled to a refund of whatever money remains of the retainer after the lawyer is paid for his services up through the time you fired him. Once you fire him, he must prepare and give you a written accounting of the funds and a refund check.

Do you get any of your retainer fee back?

A retainer fee is a payment made to a professional, often a lawyer, by a client for future services. Retainer fees do not guarantee an outcome or final product. Portions of retainer fees can be refunded if services end up costing less than originally planned.

What to do with unused retainer fee?

If it is clearly a retainer fee, all unused portions of the retainer fee, at the end of the engagement, should be returned to the client. Talk to the attorney and ask them why the delay (if any) for the case. The attorney has an obligation to communicate with you if you reach out to that attorney.

What do I do if my lawyer does not return my money?

If you ask for it and he does not return you money, you may wish to refer the matter to bar counsel. If it is clearly a retainer fee, all unused portions of the retainer fee, at the end of the engagement, should be returned to the client. Talk to the attorney and ask them why the delay (if any) for the case.

Can I get a refund for a non-refundable retainer check?

The attorney would need to itemize his or her time and you would usually be entitled to a refund of the remaining portion of the retainer. You indicated that the check was “non-refundable” so it would be important to review the entire agreement to see if this is ethical.