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The steps often are: Review the Retainer Agreement. ... Hire a New Attorney. ... Send a Termination Letter to Fire an Attorney. ... Finalize the Arrangement Regarding the Transfer of Files. ... Inform the Court.
Any unearned retainer fees that are not used can be returned to the client. Earned retainer fees are the portion of the retainer that the lawyer is entitled to after work begins. Earned retainer fees may be granted to the lawyer bit by bit, depending on the number of hours worked.
Be flexible. Be prepared to negotiate the terms of the retainer agreement. If the client is resistant to agreeing to a retainer, try offering a lower fee in exchange for a longer contract term. Or, propose a trial period to start off the relationship.
Retainers are a type of compensation agreement with lawyers either for reserving their employment or as compensation for future services. General retainers are the traditional type of retainers where a lawyer agrees to handle a case or future issues that arise for a client.
[1] A lawyer should hold property of others with the care required of a professional fiduciary. All property that is the property of clients or third persons, including prospective clients, must be kept separate from the lawyer's business and personal property.
Think of a retainer contract as a work-for-hire agreement where you complete either a set amount of work for the client on a monthly basis or commit a set number of hours to their work. In exchange for your rolling services, the client pays you a fixed amount of money for an agreed number of hours each month.
You may have signed a retainer agreement or a contract with an attorney, believing that he or she was the best choice, only to have communication break down or decide that you are simply not happy with your representation. Fortunately, California law permits you to terminate your contract for legal representation.
The attorney cannot claim the retainer fee until he has completed the work and invoiced the client. Any remaining retainer fee after paying the hourly attorney fees should be returned to the client.