Does anyone know? Legal question.

**HandyMom** · 03-20-2008, 12:41 AM

I gave my divorce lawyer a retainer fee of $3,000 about 2 years ago. Since that time he's only had to do one small thing for me that involved filing court papers, so there should be a considerable amount of money leftover. I borrowed that money from a parent and I'd like to give what I can back seeing how they could really use it right now. Can I ask for the rest of the retainer fee back? I'm doubtful that I will be needing his services again so why shouldn't I get the rest of the retainer money back?

Anyone know how I go about this or if I even can get my money back?

**suki** · 03-20-2008, 05:13 AM

Start by calling his office. Yes, you can get the retainer fee returned. It's basically a deposit on future services, guaranteeing the bill will be paid.

You may need to write a letter, thanking him for his services, blah, blah, blah, but you don't foresee needing them in the near future and would like your retainer returned to you...if you ever need his services in the future, you'll happily contact him. Make it nice, don't burn the bridge.

Keep a copy.

If this doesn't yield a result, contact the Bar Association for your state. Ask them what you should do.

Write him a letter sharing what the Bar Association shared with you. State you'd hate to go this route as you were not unsatisfied with his assistance, however, you do need the retainer returned.

Keep a copy of the letter.

If this garners no response. Write a letter of complaint to the Bar Association. Mail him a copy. Keep a copy for you.

This should do the trick.

**mombottoo** · 03-20-2008, 09:54 AM

Depends on your attorney's definition of retainer fee. Some attornies charge a minimal retainer for you to retain their services and then bill you for each & every thing they do. Others charge an up front retainer fee and this covers whatever they do for you with no extra costs incurred.

Do you get monthly statements showing an amount left on account? What does the agreement say that you signed when you turned over the retainer? If it doesn't state specifically that you will get a refund of any excess funds, then chances are you won't be getting one.

**M55FF** · 03-20-2008, 10:03 AM

One small thing........ and filing court papers........ could cost 3,000 for some attorneys, that you paid him and did not follow through does not mean he has to send you back a portion of the money.

That its been 2 years since you paid him... I highly doubt you'll get it back but you can always try.

good luck.