Legal Question in Family Law in California

Retainer Fees

I switched attorneys in September '98. The new attorney required a $5000 retainer up front. Since Sept., that fee has been used, along with an additional $5000 which I paid each month when billed. Now that additional problems have arisen and we will most likely go to trial in June, my attorney has requested an additional retainer of $10,000! Is it customary to ask for additional retainers? I have ALWAYS paid my bill in full each month.


Asked on 4/21/99, 2:15 pm

2 Answers from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Retainer Fees

It is unusual for there to be requests for true "retainer" fees after

the first one. A retainer is earned immediately upon receipt. However, it

is common for attorneys to demand additional deposits in trust, to be applied

to fees when earned, with any unearned amounts due back to the client.

Look at your fee agreement. This would define your obligation to pay any additional

"up front" fees, rather than monthly billings.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 4/22/99, 1:24 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Retainer Fees

It is not unusual for trial depending on the case. The attorney basically works full time begining with trial prep and continuing for how ever many days the trial is. if he is using expert witnesses they can be very expensive and they often need to be paid in advance by the attorney.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 4/21/99, 11:37 pm


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