Can a lawyer keep a down payment for services if a contract was never signed?

Question

I have only spoken to the lawyer for the initial consultation. I did not sign anything. She told me that she would need half down to open the case. I asked her if I could bring in what I have every week until I reach half down for her to get started and she said yes. I took in money still owing about $125 to reach the half down mark. 3 days later things had changed and we decided to wait until a better time to open the case. When I called for a refund, her paralegal told me that she would only give me a partial amount of what I had given her. Calling it a non refundable retainer. I was never told anything about a non refundable retainer. I never even signed a contract. I assumed that I would sign something whenever she opened the case. Is it ethical for her to keep $250 from a $750 deposit when there is nothing in writing stating any of that.

Answer 1

The ethics surrounding retainers and refunds vary according to circumstances as well as state-by-state. It is difficult to determine in your case without a greater amount of detail. However, if you feel wronged you should file a complaint with your state's Bar Association. The Bar Association is found in every state, and regulates attorneys. It is illegal to practice law in a state without a license from that state's Bar Association.

This is the link for the complaint line of the California State Bar Association:

http://www.calbar.ca.gov/state/calbar/ca...

A simple google search will point you towards the Bar Association web site if you are from another state. From that web page you can also access an electronic copy of the CA attorneys ethical rules, which you should certainly check before filing a complaint.

One word about your case: Since you made the decision not to open your case at a particular time, and this decision was not made on the advice of your attorney (at least it seems that way), you may have trouble recovering your funds. Make certain of your goals before initiating any legal proceeding, as they are often costly and difficult to reverse. Good Luck!

Answer 2

If she has not done any work for you, it would unethical to keep any money from you.  But good luck trying to get it back from her.  Lawyers are crooks in suit, you should learn that for next time you have to deal with one.

Answer 3

Check with your state or local Bar Association.  In many states, the lawyer can keep the retainer.