anyone here ever paid a retainer to a lawyer?

[blankall]

I am assuming this is like a deposit.

Are these fairly easy to get back if you dont get billed that whole amount?

[prarieboy]

Yup, sure have.

You don't get anything back from divorce lawyers though.

I assume that if you didn't use the hours up they would gladly give back the money.

Ask Troutman, he's a lawyer

[troutman]

From NS (How lawyers charge):

http://www.nsbs.ns.ca/charge.html


Most lawyers will not begin working on your case until they have a retainer. A retainer is money you pay your lawyer at the beginning to cover some of the early costs of handling your case. The money will be use to pay for work done on your case and expenses (disbursements) made on your behalf.

Disbursements can be minor expenses such as photocopying, courier charges, postage and long distance calls. Or, disbursements can be major expenses such as the fee for hiring an expert to work on some part of your case, the cost of getting copies of documents from court files, the cost of registering documents on the title of a property or the property purchase tax.

If your lawyer uses up the retainer, you may be asked to pay another to cover ongoing costs. In those cases, make sure your lawyer accounts for his or her previous expenditures by sending you a bill listing everything you paid for with your first retainer.

As your case progresses, or when it is over, your lawyer will bill you for his or her services. The bill should give a description of the services covered by it and an accounting of expenses paid out by you.

Above all with lawyers’ fees, the best and safest bet is to get a written estimate and fee agreement. That helps avoid disputes later on. Don't be shy about asking questions:

1. Can I have an estimate of how much you'll charge to handle my case?
2. Could this estimate change?
3. Will you let me know if something happens that will increase the fee?
4. What am I paying for?
5. What are the fixed costs and what else could crop up?
6. How will I be charged for things like photocopying and long distance calls?
7. How and when will I be billed?
8. Can I pay by post-dated cheques or on my credit card?

Are these fairly easy to get back if you dont get billed that whole amount?
Yes. Your retainer is held in a trust account to your credit. Any amount not billed must be returned to you. Lawyers must abide by very strict trust accounting rules.

[Frank the Tank]

I was going to say that I have never NOT paid a retainer, and my best friend is a lawyer. Even though he charges me incredibly little, his firm requires that all clients pay a retainer.

[YziesGirl]

Retainers have become the "norm" these days and usually they are put towards your final bill (in my experience).

[Vulcan]

Never considered that I might get money back from a retainer. Once in a lawyers pocket, I consider the money gone, but you never know. Last lawyer I had, had a debit machine in her office, just in case I forgot my chequebook.

[OilersBaby]

Yup, paid a retainer, though I'm not sure you'll see the money you didn't "spend" 100% of the time. You should just assume you wont see the retainer again and if you do, consider it a bonus. It obviously depends on the lawyer and what kind of law..divorce, child custody, anything that's very messy, they might come up with a reason that you owe them. I briefly worked at a family law office and quit because they were so darn unethical! Then I married a prosecutor..hehe.

[kermitology]

I'd trust the CP lawyer troutman.. He's smart.