Legal Question in Elder Law in California

Civil Suit Retainer

We retained a lawyer for $2,500.00

for a civil suit. What does that

retainer do for us. Because he is also

charging us $385.00 per hr to handle

the case which is fine but he also

charging us by the hour for our first

consultation which took 4 hours of

repeating himself and every time we

spoke to him he charged us. So what

was the retainer for?


Asked on 11/20/08, 3:56 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Civil Suit Retainer

The attorney was required by law to provide you with a written retainer agreement, so you should refer to that document for information on how his fees are computed.

If I were you, I would fire him. Many competent and aggressive attorneys serving the Orange County area charge far less than $385 per hour.

Next time you consult an attorney, have it made clear up front whether you will have to pay for the initial consultation. Many attorneys, including myself, offer a free initial consultation.

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Answered on 11/20/08, 4:16 pm
Joel Selik www.SelikLaw.com

Re: Civil Suit Retainer

You need to review the written fee agreement. Sometimes, the retainer is simply to obtain the services of the attorney and not for any of the time, though this is not typical.

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Answered on 11/20/08, 4:19 pm
Terry A. Nelson Nelson & Lawless

Re: Civil Suit Retainer

You need to ask him and discuss it with him first. Your retainer agreement is supposed to explain the terms and details; so is he. If you feel you have a situation where you are being overcharged, or you have a fee dispute, you can seek free assistance from the OC Bar Association or from the Calif State Bar Association. His hourly rate is a bit high, but not 'outrageous' by any means if he is an experienced attorney. Many of us charge between $250 - $400 per hour, depending upon the type of case and facts, and maybe nothing for broke little old ladies, etc. Many Century City and downtown LA 'high power' attorneys charge more than that. If you conclude you need new counsel, you have the right to change. If so, feel free to contact me to discuss the situation.

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Answered on 11/20/08, 6:22 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Civil Suit Retainer

I am not sure what is your case all about. Try to find an attorney who would do the case for flat fee or in contingency.

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Answered on 11/21/08, 10:54 am


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