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Can I get my retainer fee back?
Anonymous4 views1 answers
I hired a lawyer 2 months ago. I paid her a $3,375.00 retaining fee. I didn't sign a contact. I just have a receipt for the $. She isn't returning phone calls or emails and hasn't done anything for me. At this point I just want to fire her and move on. Does she have to return my retainer fee?
Without more information (and I do not suggest you post more information here), I don't have a simple yes or no answer.
First, it will be helpful for you to determine what kind of fee agreement you have -- although no matter what kind of fee agreement it is, your money may be either fully or partially refundable. One kind of "retaining fee" is a "flat fee," meaning a single fee to cover all of the anticipated work. If that's the type of agreement you had, then the lawyer was required under the ethical rules to give you a written fee agreement (a contract you both would have signed) that explained, among other things, what services your fee would cover, and also that the fee may be refundable (partially or in full), depending on how much of the fee the lawyer has earned at the time you end the representation.
Another kind of "retaining fee" is one that the lawyer puts in a trust account. The money is held as an advance on the lawyer's fees, and the lawyer would bill against it, usually at an hourly rate. This is usually called an "advance fee deposit." If the lawyer told you she would be billing hourly against the retainer, then, if you fire her, you would be entitled to a refund of any amount that she has not already earned by working on your case. If your retaining fee was an advance fee deposit, ordinarily the lawyer would send you invoices monthly or periodically to indicate what work was done and how much money would be taken from the trust account to cover the fees. (From what you have written, it does not seem likely that you have received any invoices.)
Regardless of which kind of fee agreement you have with the lawyer, the amount of any refund to you will likely depend on how much work the lawyer has actually done. The fact that you have not heard from her does not necessarily mean she has not done any work. That's something you will need to sort out with her.
To move forward from here, you could consider writing a letter to the lawyer and mailing it to her or dropping it off at her office. Getting things in writing can be very helpful at times like this. Let her know that you intend to hire new counsel and you need an accounting or statement of what work has been done, a copy of your file (or a copy sent to your new lawyer) and a full or partial refund. If you have already found a new lawyer, it often helps to have the new lawyer contact the lawyer you are firing, but I would not expect that your new lawyer will be able or willing to resolve this issue for you. If the lawyer continues to not respond to you at all, you might want to contact the Washington State Bar Association. Very often they can assist in these situations. The WSBA is on the web at www.wsba.org. Or you can call the WSBA at (206) 727-8207 to find out how they can assist you.