Legal Question in Legal Ethics in California

I retained an attorney with a $3,000 retainer fee paid upfront. The engagement letter seemed to imply that the retainer would be applied to the final bill and any refund or further bill would be presented at that time.

"This will confirm that [FIRM] will make an initial payment to the Firm of $3,000 (three thousand dollards) at the commencement of the engagement. This payment will be refunded to the extent it is no earned. Any difference between the amount of this initial payment and the amount of the final bill shall be refunded or billed as appropriate"

I've now just received an invoice for fees to date ($1,365) and am told I need to pay that now even though the retainer has been paid already. Is this ethical, or even a common practice. With this scheme I may end up putting out $6,000 for $3,000 of work and hope I get a refund of $3,000.

Thank you.


Asked on 4/24/14, 2:27 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I would have to read the retainer agreement in its entirety and be advised of the exact nature of the legal work to even advise you properly.

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Answered on 4/24/14, 2:40 pm

Although the wording of the fee agreement is no monument to clarity, you seem to understand how it works, and yes it is ethical and legal, not to mention very commonplace. It is really no different from a landlord asking for the last month's rent up front while expecting you to pay the first month when you move in and pay as you live there. There are a few variations, in that the last month's rent is a fixed figure, whereas the last bill on a matter is not, and best practices in the legal industry call for the retainer to generally be a fair estimate of that bill for transactions, and not more than two times the largest expected bill for litigation matters (its more because you'd be amazed at how many litigation clients suddenly don't feel like paying their last couple of bills once they have to settle a case). Other than that, however, the principal is basically the same.

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Answered on 4/24/14, 3:05 pm


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