Legal Question in Family Law in Pennsylvania

Re: attorney's retainers

In PA attorneys are required to have written fee agreements with new clients.

The PA Supreme Court Disciplinary Board enforces this requirement.

In addition attorneys are required to maintain an escrow account for moneies received and not yet earned.

The same board enforces those rules. You should be able to find them on the internet.

Good luck to you.

Re: attorney's retainers

Non-refundable retainers are not uncommon and most of the time that an attorney expends upon a case is right at the beginning. That reflects what her billing shows of the $1,500.00 expended within six weeks. It may be that the retainer agreement provides for a non-refundable retainer but that she is considering refunding a portion of it anyway. If it was a non-refundable retainer the question would be whether or not the retainer was clearly excessive. I don't handle custody cases and I'm not sure whether or not that type of retainer in a custody dispute would be considered "clearly excessive." But you should also know that since the case appears to have been filed, the attorney cannot just "drop" the case and that she will have to expend some further time to stop the court machinery that she set in motion by filing the case. It could be that she is just holding the balance to compensate her for her time while she does this but there is no requirement that a non-refundable retainer has to be deposited in the attorney's escrow account. But attorneys do tend to err on the side of caution and frequently place such retainers in their IOLTA or trust accounts.

In any dispute with a professional over fees, it is always best to submit the question to arbitration. If the attorney and you cannot agree on the amount that you feel should be refunded, it is best to resolve it with the Fee Dispute Committee of your County Bar Association.