Do I get my remaining retainer back from my lawyer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I get my remaining retainer back from my lawyer?
I gave a lawyer a retainer of 1,500. I was only given a receipt when I made
payment and nothing which stated one way or the other whether a balance was
refunded or forfeited. I assumed my cost would amount to more than the retainer,
but our business has concluded and my charges amount to just over 1,000. Is
there a standard for whether it goes one way or the other when it’s not
explicitly spelled out? State of New York. Thanks.
Asked on March 26, 2017 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, there is no universal standard: some retainers represent nonfundable minimums, others are simply deposits vs. costs. That said, while there is no universal standard, in my experience, the retainer is more often a non-refundable minimum: more attorneys seem to do it that way than not. While this really *should* have been spelled out for clarity and to avoid conflict, given how common the non-refundable minimum is, while it's not at all guaranteed that you'd lose if you sued, the odds are against you: it's more likely than not that a court would find for the lawyer and not order the return of any money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.