Legal Question in Bankruptcy in New Jersey

retainer fee

If I spoke with an attorney about a service (such as filing bankruptcy) and gave him a small retainer am I bound to him? I know the fee is non-refundable, which is not a problem, but I later found out that his prices are considerably higher than other firms in my area so I am reconsidering my need for his service. Any information is greatly appreciated. Thank you.


Asked on 5/15/07, 1:42 pm

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: retainer fee

People who have not had a need for legal service before often make the mistake of choosing an attorney primarily based on price. This is usually not the best criteria for evaluating a lawyer or any other skilled professional (such as doctor, accountant, etc.).

Lower price often reflects less experience and competency, while higher price often reflects greater years of experience and better training and legal background. An attorney whose practice is primarily focused on bankruptcy (and who therefore has greater experience than someone who only does some bankruptcy) may also command a higher price. You should also confirm that whatever attorney you hire maintains malpractice insurance and is not the subject of disciplinary complaints.

Also, you should find out if the attorney you meet with will personally represent you at the meeting of creditors and respond to any inquiries you may have during the case. You may find out that the lower priced lawyer is not necessarily the bargain he or she seems.

That being said, you should be able to get any retainer deposit back if no legal services have been provided.

See the Frequently Asked Questions (FAQs) regarding personal bankruptcy on our website at www.starrandstarr.com/faqs.htm for further info.

Best regards,

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Answered on 5/15/07, 3:02 pm


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