A lawyer retainer fee is an upfront payment that a client pays to a lawyer before the lawyer starts working for him. This fee ensures the lawyer’s commitment to the client. However, it does not ensure a suitable outcome. So, if you are unhappy with your lawyer’s service delivery, you can ask for a refund of the retainer fee. This article explains in detail how you can do this. Let’s learn more about Lawyer Retainer Fee Refund
It is possible to get a lawyer retainer fee refund and there are legal ways to do it. However, if your lawyer has used the money to do some work already you are only entitled to a partial refund. Also, if the estimated service cost was more than what was spent you can get a refund of the money that was not spent.
What you should know about getting a Lawyer Retainer Fee Refund
There are things you should know and understand about getting a lawyer retainer fee refund one of which is that there are two types of retainer fees. They are:
- Retainer fees that are earned
Earned retainer fees are to be received by lawyers when they start rendering their services. These fees may be given to the lawyer in bits for example per number of hours he has worked. It can be given to the lawyer based on milestones too. For example, the lawyer may receive a part of the retainer fee after concluding the pre-trial process.
- Retainer fees that are unearned
This is the money paid before the delivery of legal service and it is kept in a retainer’s account. The lawyer can use parts of this money to pay for the expenses he incurred while doing his work. When the lawsuit is finalized and closed the part of these fees that were not used by the lawyer are to be returned to the client.
How to get a Lawyer Retainer Fee Refund
Here are steps you can take to get a retainer fee refund from your lawyer.
1. Ask your lawyer for it
By the time the lawsuit is finalized your lawyer should return the unused unearned fees to you. If you desire to terminate the retainer agreement you earlier had with your lawyer before the end of the lawsuit, you can ask for a refund. Your retainer agreement will determine if your can get a refund and the amount you can get.
Before you sign a retainer agreement you should give it a thorough read to make sure it does not disallow you from getting a refund. Also, check to know if the lawyer wants to refund the unearned fees. In addition, check the agreement for how to walk away from the contract and the consequences.
You can ask your lawyer for your retainer fee refund directly. You can either place a call through to his office or send him a letter. Tell him you want to have a meeting with him to talk about the agreement you wish to terminate and your refund. Ensure you collect all the court files and documents from him. However, he may charge you for these documents.
2. Use DoNotPay
If your lawyer or his law firm decides to decline your demand for a refund, you can employ the services of a robot lawyer like DoNotPay to help you get your retainer fee refund. Here are the steps to take to make use of the company’s services.
- Download the DoNotPay app
- Sign up and log in to your account
- Find the chargeback instantly option and click on it
- Submit your lawyer’s name and your bank details
- Follow other instructions
- Ensure your request is verified
DoNotPay will work on your case and produce a dispute letter. This letter and your MasterCard and VISA reason codes will be sent to your bank. The letter will be sent to your lawyer too if you don’t mind.
Conclusion
Getting a retainer fee refund is possible if your retainer agreement indicates that you can. It is important that you review the details of your agreement before signing it and make sure it allows you to get a refund if you want to terminate the retainer contract. If your lawyer proves to be stubborn and won’t hand you your refund you can employ the legal services of DoNotPay.
Frequently Asked Questions
1. If my retainer agreement says the fee is non-refundable can I still ask for a refund?
In most cases like this, it is quite difficult to get a refund but DoNotPay boasts of being able to get refunds from companies that are notorious for not giving it. So, you can give them a try.
2. Can I file a case for getting my retainer fee refund in a small claim court?
Yes, you can. However, if your lawyer owes you a large amount of money, you should employ another lawyer for their advice on how to get your refund.
