Getting Back Retainer

[HelpPleas]

Question - I had a divorce attorney that I have come to realize sucked at his job. I was so upset during the divorce I see now just how much he did NOT work for me, but got me to settle. Towards the end of my divorce, I paid him a $200 retainer fee, plus another payment of $200 later to begin a bankruptcy. My divorce was horrible and I ended up having a breakdown - my mind was not on much at the time and I knew I had to file bankruptcy. Just chose the wrong lawyer for all my legal woes.

I do NOT want this man to do any more legal work for me.

If I write a letter telling him I am pursuing other avenues, is this adequate? And to be honest, this man is so odd an attorney, his secretary will literally have to remind him that I have paid this money. I want it back - I was never told the retainer was non-refundable, but the other payment of $200 should be. I always thought a retainer was held until the attorney actually did some work on that legal matter. He has done nothing on my bankruptcy yet. The money is just setting there.

I have had other attorneys do work for me in the past and I think all in my town are nuts. Money hungry and cold. I have found an attorney that will do my bankruptcy for 1/2 of what my divorce attorney said he would do it for and take payments - not only for the legal fees, but the filing fee as well. That $400 is over half what this other attorney needs to get going.

I want that money back - if not all, most.

Ideas? Thoughts?

[CATCHMEIFYOUCAN]

Question - I had a divorce attorney that I have come to realize sucked at his job. I was so upset during the divorce I see now just how much he did NOT work for me, but got me to settle. Towards the end of my divorce, I paid him a $200 retainer fee, plus another payment of $200 later to begin a bankruptcy. My divorce was horrible and I ended up having a breakdown - my mind was not on much at the time and I knew I had to file bankruptcy. Just chose the wrong lawyer for all my legal woes.

I do NOT want this man to do any more legal work for me.

If I write a letter telling him I am pursuing other avenues, is this adequate? And to be honest, this man is so odd an attorney, his secretary will literally have to remind him that I have paid this money. I want it back - I was never told the retainer was non-refundable, but the other payment of $200 should be. I always thought a retainer was held until the attorney actually did some work on that legal matter. He has done nothing on my bankruptcy yet. The money is just setting there.

I have had other attorneys do work for me in the past and I think all in my town are nuts. Money hungry and cold. I have found an attorney that will do my bankruptcy for 1/2 of what my divorce attorney said he would do it for and take payments - not only for the legal fees, but the filing fee as well. That $400 is over half what this other attorney needs to get going.

I want that money back - if not all, most.

Ideas? Thoughts?

I honeslty don't think you will get your retainer back, but it doesn't hurt to ask for the extra $200. After all you have not filed .. yet.

Best of Luck, Catchmeifyoucan

[BurgerKingVII]

There are two types of retainers. The first is an advance fee payment. This kind of retainer remains your money until the lawyer does work that's billed against the retainer. (And until this happens, the attorney must keep this money in a separate trust account.) If the lawyer hasn't done any work on your case, then you're entitled to a refund.

The second is money paid by a client to secure a lawyer's general availability to, or representation of, that client over a specified period of time or for a specific legal matter. This type of retainer is generally earned as soon as it's paid and is not refundable. But, ethics rules require an attorney's fee to be "reasonable," and there's plenty of authority out there supporting the notion that it's not reasonable for an attorney to keep a non-refundable retainer if the attorney hasn't done any work on the case.

[monlyba]

i don't know but i paid a $100 retainer fee in 8/05... never ended up getting back in touch with him to start the bk process (had a baby, quit my job, etc - life got hectic). i visited with him again in early '06 and he gave me a hard time about the $. he kept telling me that since the bk laws changed his new retainer fee was $200, so i kept saying ok fine i'll give you $100, you already have $100 of mine and did nothing for me yet. he kept giving me strange looks and finally got on his computer and researched to find out i indeed paid it, and he tried to act like he was doing me some sort of favor to accept only $100 for the new retainer. um, you have my first $100 and did nothing but talk to me for 30 mins and hand me some blank forms! so it left a nasty taste in my mouth and i never went back to him. considered calling and asking for my original $100 back, but since i waited so long, i assumed there was no chance of that and didn't want to fight with him. good luck to you!