Legal Question in Family Law in Massachusetts

Under the Cannons and rules of the SJC, all retainers are refundable to the extent they are not used for fees earned or disbursements made on your behalf. The attorney may be entitle to some compensation for his/her time, but the balance (most of the retainer) should be refunded to you. It is however unclear that you requested they do no work and return the retainer either by phone or letter. If you told them you changed your mind and told them, follow-up with a letter.

However, they may be waiting for their bank to confirm your check cleared (takes 5 business days) so once they know the funds are good, they can refund the retainer.

With any litigation, there is always a chance of things being more costly than you anticipate because things can become more complicated than one estimates.

Attorney Roth is correct. Your retainer is 100% refundable. The rules do not require an immediate return of said funds, however, and it may be reasonable for the attorney to make sure the check clears before writing a check from his/her client trust account.

Unless you are able to find an attorney who will provide the work for a flat fee (our office does charge a flat fee for many kinds of legal work), there is no way to predict the cost of litigation. In part, this is because it is impossible to predict the conduct or legal strategy of the other party. If you would like to discuss your case, please feel free to give my office a call 617-357-4898.