Legal Question in Elder Law in California
Civil Suit Retainer
We retained a lawyer for $2,500.00
for a civil suit. What does that
retainer do for us. Because he is also
charging us $385.00 per hr to handle
the case which is fine but he also
charging us by the hour for our first
consultation which took 4 hours of
repeating himself and every time we
spoke to him he charged us. So what
was the retainer for?
4 Answers from Attorneys
Re: Civil Suit Retainer
The attorney was required by law to provide you with a written retainer agreement, so you should refer to that document for information on how his fees are computed.
If I were you, I would fire him. Many competent and aggressive attorneys serving the Orange County area charge far less than $385 per hour.
Next time you consult an attorney, have it made clear up front whether you will have to pay for the initial consultation. Many attorneys, including myself, offer a free initial consultation.
Re: Civil Suit Retainer
You need to review the written fee agreement. Sometimes, the retainer is simply to obtain the services of the attorney and not for any of the time, though this is not typical.
Re: Civil Suit Retainer
You need to ask him and discuss it with him first. Your retainer agreement is supposed to explain the terms and details; so is he. If you feel you have a situation where you are being overcharged, or you have a fee dispute, you can seek free assistance from the OC Bar Association or from the Calif State Bar Association. His hourly rate is a bit high, but not 'outrageous' by any means if he is an experienced attorney. Many of us charge between $250 - $400 per hour, depending upon the type of case and facts, and maybe nothing for broke little old ladies, etc. Many Century City and downtown LA 'high power' attorneys charge more than that. If you conclude you need new counsel, you have the right to change. If so, feel free to contact me to discuss the situation.
Re: Civil Suit Retainer
I am not sure what is your case all about. Try to find an attorney who would do the case for flat fee or in contingency.
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