Legal Question in Family Law in Minnesota

return of retainer

We paid a retainer to an attorney we recently used in a case. He has told us that he only had to use a portion of the retainer, since the case was resolved quickly and easily. We were told, by the attorney, that we would receive a statement and the unused portion within a few days. It has been 3 weeks. We have left messages asking him to let us know when we can expect the money back, and have had no response. Could you let me know if there is a timeframe in which an attorney is required to refund the unused portion of a retainer?

Thank you.


Asked on 7/06/03, 3:03 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: return of retainer

I know of no specific deadline. When the law does not specify a time, then the time limit is "a reasonable time," whatever that is.

Most debts are payable within 30 days. My suggestion would be that if you receive nothing from this guy within 30 days, and I guess you are not quite there yet, call the Lawyer's Board of Professional Responsibility and talk with them about it. I don't have their number handy, but you'll find them in the St. Paul phone listings.

Keeping money that isn't theirs is one of the most common reasons that lawyers are disbarred.

Good luck.

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Answered on 7/07/03, 11:21 am


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