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The basic structure of retainer agreements is the same though: Agency agrees to provide a service(s) or a number of hours their client needs each month. In turn, the client agrees to the retainer payment that they'd pay in exchange for the agency reserving its time/service for them.
The short answer is ?yes?.
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.
Most frequently, the client agrees to a security or an advanced payment retainer where payment for services is drawn from the monies held in trust. Here's the kicker?only the true retainer is non-refundable. Unearned funds from either a security or advanced payment retainer must be refunded at the end of the work.
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.
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.
A retainer is a fee paid to a lawyer or law firm in advance of services being rendered, and the law firm should hold it in a trust account until the services are provided. It gets booked to the balance sheet as a prepaid expense (which is an asset).
Whether you're on the client side or the contractor side of a retainer, be sure to review that document carefully before agreeing to its terms. A retainer is a legally binding contract, and violating it could have serious consequences.