Legal Question in Legal Ethics in California

Re: Retainer

Without reviewing the fee agreement, it is impossible to say if you are entitled to a refund. Some attorneys charge a nonrefundable retainer to secure the availaibilty for their services. It compensates the attorney for reserving sufficient time and other resources to handle your case.

Sometimes a retainer is like a security deposit. You pay the attorney's bills on a monthly basis and get a refund of the retainer when the case is over. It just depends on how the fee agreement reads.

You can either take the attorney to small claims court or initiate fee arbitration with your local county bar association.

Re: Retainer

It depends on what you agreed to be the nature of the retainer. Sometimes attorneys take a "true" retainer, which is a set amount that the attorney earns on payment and being available to do work. The other more usual kind is the retainer that's applied against work done. Also, attorneys will use the customary retainer to pay costs of litigation, including phone calls, filing fees, photocopies, investigation, experts, postage, depositions, etc.

If you have a written agreement with the attorney, see what it says. Depending on when the attorney's work ended, you might still have time to sue or engage in fee arbitration (if a written contract, 4 years after work stopped; if oral, 2 years). Check the retainer agreement to see whether there's mention of arbitrating fee disputes.