Am I entitled to the remaining retainer? 4 Answers as of July 12, 2011

If I start a divorce case and then decided to drop it completely am I entitled to a remainging balance on the retainer if one exists?

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Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
It depends upon what the language of your written retainer agreement states. If the retainer agreement was an hourly rate retainer and if there are funds remaining in the client trust account, then you would be entitled to a refund. You should ask your lawyer for a full billing history so you can review it to see what he charged you for and if there are funds remaining in the trust account. If you cannot resolve the dispute with your lawyer you can call your local bar association to demand "mandatory fee arbitration."
Answer Applies to: California
Replied: 7/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You likely would be entitled to a refund of the unearned portion of the retainer fee, except as to any genuine non-refundable retainer fee or portion of the retainer fee - specifically paid to make the attorney available to you and not for the attorney's time or services.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You must review your Retainer Agreement or contract with your Attorney. Practices vary greatly. Some Attorneys will refund a partial balance. Some are more reluctant to do so. If no substantial work has been done, you probably have a right to a refund, and certainly have a strong argument. Again, check your Retainer Agreement. You can always solicit the assistance of the State Bar by filing a complaint. You have a right to arbitrate a fee dispute with an Attorney. The Attorney has an obligation to so advise you.
Answer Applies to: California
Replied: 7/12/2011
Loveless Law Firm, LLP
Loveless Law Firm, LLP | Andrea Loveless
It would depend on the specific retainer you signed. If it is billable at a per hour fee, you should ask for an accounting of the charges incurred thank you!
Answer Applies to: California
Replied: 7/11/2011
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