Legal Question in Bankruptcy in California

Re: Refund from a BK attorney

Your entitlement to a refund depends on what the fee agreement says, what the retainer was for and if the attorney did any work.

A retainer fee can be used to guarantee that the lawyer will be available to take a particular case. This could mean that the lawyer would have to turn down other cases in order to remain available. With this kind of retainer fee agreement, the client would be billed additionally for the legal work that is done. If the fee agreement is a true non-refundable retainer agreement, you may not be able to get your money back - even if the lawyer does not handle your case or complete the work.

A retainer fee also can mean that the lawyer is "on call" to handle the client's legal problems over a period of time. Certain kinds of legal work might be covered by the retainer fee while other legal services would be billed separately to the client.

In addition, a retainer fee sometimes is considered a "down payment" on any legal services that the client will need. This means that the legal fees will be subtracted from the retainer until the retainer is used up. The lawyer would then bill you for any additional time spent on your case or ask you to replace the retainer.

When I take a retainer in a bankruptcy case, it compensates me for opening your file, taking any calls from creditors, doing analysis of your matter, and beginning to prepare your paperwork. It also compensates me for reserving sufficient time and other resources to handle your case.

Re: Refund from a BK attorney

If the deposit was the "non-refundable retainer", what makes you think it is "refundable?"