retainer issue

[luckymom]

I paid my lawyer a 5K retainer in January to handle my modification case. The case ended (successfully) in May. Monthly statements since then show that $1400 remains. I have asked by e-mail twice to ask when the remainder will be returned, and the paralegal has responded saying she will check with XXX, but still no check. The lawyer did a good job for me, but I could really use my $1400. What is the best way to proceed at this point?

 

[GAMOMtired]

I paid my lawyer a 5K retainer in January to handle my modification case. The case ended (successfully) in May. Monthly statements since then show that $1400 remains. I have asked by e-mail twice to ask when the remainder will be returned, and the paralegal has responded saying she will check with XXX, but still no check. The lawyer did a good job for me, but I could really use my $1400. What is the best way to proceed at this point?

I'm sorry I don't have an answer, I have a question. What was your modification for and what happened if you don't mind telling me? I am considering that route but am hesitant that it will make things harder for me.

 

[CourtClerk]

Send them one final email giving them 10 days to return the balance of the money or you will be contacting the BAR association and filing a complaint.

 

[LdiJ]

Send them one final email giving them 10 days to return the balance of the money or you will be contacting the BAR association and filing a complaint.

That's fine if you are certain that you will never need the assistance of that particular attorney again, however if you think there is any chance that you will need them again, I wouldn't go burning bridges.

Simply tell the paralegal that you NEED your money back. That the fact that they haven't returned it is causing you financial hardship.

 

[profmum]

Call them , stop by the office and get the $$. Seems like that would work rather than get nasty, particularly if he is a good attorney and as we know chances are you may need him again!

 

[luckymom]

That's fine if you are certain that you will never need the assistance of that particular attorney again, however if you think there is any chance that you will need them again, I wouldn't go burning bridges.

Simply tell the paralegal that you NEED your money back. That the fact that they haven't returned it is causing you financial hardship.

As a general rule, I believe in proceedng with civility, rather than being mean, if at all possible! I wonder if at this point I should just abandon the paralegal and go straight to my former lawyer. He was very good, and I presume if he wanted my $1400, he would have just inflated his fees. After all, how would I know how much time he prepped? So maybe this is some kind of accounting issue? The money is in a trust fund, as required.

 

[haiku]

As a general rule, I believe in proceedng with civility, rather than being mean, if at all possible! I wonder if at this point I should just abandon the paralegal and go straight to my former lawyer. He was very good, and I presume if he wanted my $1400, he would have just inflated his fees. After all, how would I know how much time he prepped? So maybe this is some kind of accounting issue? The money is in a trust fund, as required.

Your lawyer should have been sending you itemized bills explaining how the money was utilized and how much is left in your retainer account after the fact.

I agree wholeheartedly with LDiJ, child custody/support issues have a tendency to rehash every few years, so you want to be nice to this lawyer if you have any thought you might need them again. So you would want to nicely call the office again and request an itemized bill and the return of your retainer if the case is officially "over" for now.....

 

[luckymom]

Your lawyer should have been sending you itemized bills explaining how the money was utilized and how much is left in your retainer account after the fact.

I agree wholeheartedly with LDiJ, child custody/support issues have a tendency to rehash every few years, so you want to be nice to this lawyer if you have any thought you might need them again. So you would want to nicely call the office again and request an itemized bill and the return of your retainer if the case is officially "over" for now.....

Thanks for responding.

I've gotten an itemized bill each month since January, and I have also signed off on the case as now officially "closed." So I think the ducks are in order . . . I've had extremely good dealings with this lawyer who represented me sucessfully in my custody case 4 years ago and this recent modification. His fees have always been reasonable. I don't know what the hold up is except that he was on vacation and out of the country for 3 weeks in June andit is a two person office (lawyer and paralegal). Could he just be behind on office stuff? Anyway, I definity don't want to be nasty.

I think I will just write to the lawyer directly, expressing my thanks, and asking if perhaps there has been some mix up with my check.

 

[stealth2]

Have you checked your retainer agreement to make sure that what's left is actually to be refunded? Not every retainer is refundable.

 

[haiku]

Have you checked your retainer agreement to make sure that what's left is actually to be refunded? Not every retainer is refundable.

Excellent point! And I forgot.....(I guess thats why its called free advice....)

At one point in the past, we were thinking of changing lawyers...it was going to be 1000 dollars JUST for that lawyer to review our case. A charge like that "may" get forgotten, after you start actively persuing something...

 

[luckymom]

Excellent point! And I forgot.....(I guess thats why its called free advice....)

At one point in the past, we were thinking of changing lawyers...it was going to be 1000 dollars JUST for that lawyer to review our case. A charge like that "may" get forgotten, after you start actively persuing something...

I checked my contract, and it does say that unused portions of the retainer would be returned. Thank goodness!