Legal Question in Family Law in Iowa

Retainer Fee

We have been working with an attorney for a year now. No payment contracts were signed. In August of 2000 when we decided our only alternative was to file court papers (my step-daughter moved in with us in October 1999 and her mother is getting a free lawyer and refuses to cooperate), our attorney told us we had to pay her bill in full plus a $500 retainer fee. Now, she has asked us for the balance due ($163.52) and an additional $500 retainer fee. Can she do this when she knows (we have told her up front) we do not have that kind of money now that she has filed court papers? (We had to borrow the $2000 to begin with at 26% interest just to get the papers filed.) Her letter states she cannot perform additional legal work until they receive these payments. Is this legal even with all of the court documents already filed? She sent the other attorney an Adjudication of Law Points more than 3 weeks ago, yet has failed to follow-up on it or let us know where it stands. Is this ethical if she is continuing to charge us and then sends us a letter asking for more payment?


Asked on 11/13/00, 10:10 pm

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

Re: Retainer Fee

Look in the Yellow Pages under "Attorneys" and see if your state or local bar association is listed. Briefly explain your problem and ask to be referred to the appropriate committee or commission. We have a fee dispute resolution committee, a commission on practice, and the bar association's counsel to answer this kind of question. Your state bar probably has similar committees.

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Answered on 12/16/00, 4:36 pm


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