Legal Question in Family Law in Missouri

Re: You may obtain a refund.

In answer to your question, Missouri law is clear that there is no such thing as a non-refundable retainer fee, although some lawyers still refer to their fees in this manner. An attorney must earn his or her fees! Often the attorney has put time and effort into a case which the client has never seen. I believe it is important for the attorney to keep the client fully advised of all work done so that the client understands exactly how the attorney's fees were earned. Apparently this has not happened with your case. I have served as the Chairperson for the Fee Dispute Committee for the Bar Association of Metropolitan St. Louis for several years, and our Committee offers a free service to people like yourself who have disputes with an attorney concerning fees. We investigate your complaint, attempt to obtain the participation of the attorney and provide mediation or arbitration of the dispute when both parties agree to do so. We only provide these sevices to people within our geographical range (the counties surrounding St. Louis). If you are outside of this area, then I would strongly suggest that you contact the Missouri Bar in Jefferson City. The Missouri Bar also has a Fee Dispute Committee which provides similar services free of charge I believe. Finally, if you are in the Kansa City area, you should contact the Kansas City Bar Association. In all cases, I urge people to try to resolve the issue directly with the attorney if at all possible. Have you written the attorney a letter requesting a refund of any unearned fees? Have you written requesting an itemized statement showing all time expended by the attorney on your behalf? Have you written requesting that the attorney turn over your file to you? You are entitled to it, and it may be helpful to you in supporting your claim for a refund. If all else fails, you have the right to take the attorney to small claims court with a suit seeking a refund of unearned fees. Hopefully, this will not be necessary. I hope that this has been helpful for you, and I wish you the very best of luck.