Legal Question in Family Law in Massachusetts

Re: Retaining Fees

It depends on what your fee agreement is with your attorney (I suggest you read it). If your attorney already performed work, he/she is entitled to those funds for services rendered. However, if you stop the proceeding or, let your attorney go and there are remaining funds from your client iolta and if the agreement is such, you would receive the funds left, once the attorney is paid for his/her services already performed.

You should discuss this with your attorney and find out the terms of your agreement and/or if you dismiss his/her services at this juncture, will you receive any remaining funds.

There are different fee agreements, that is why I highly advice you to discuss this with your attorney.

Sincerely, Maria Murber

Re: Retaining Fees

A retainer may or may not be refundable depending upon the terms of the fee agreement you signed with your attorney. Assuming your attorney has rendered some services, some of your retainer may be refundable. You should read your fee agreement and discuss the matter with your attorney.

Re: Retaining Fees

If the attorney charged a flat fee, you may be entitled to a partial refund depending on how much work the attorney has actually performed.

If there is a retainer based on an agreed hourly rate for the attorney and clerical staff, you are entitled to a refund of the unearned portion of the retainer, if any, less any expenses (filing fee, cost of service of process, copies, postage, telephone calls, etc.).

It does not matter if there was a written agreement or not.

The fee is for the work, not the result, and if you change your mind about the divorce, the lawyer is still entitled to be paid. If you change your mind after the divorce hearing but before it is final, you are not entitled to any refund.