Legal Question in Legal Ethics in California

Retainer Agreement

My question is if paid an attorney his retainer fee that he asked for and if he can not help me do he have the right to keep all the money paid him? This part of his retainer agreement that he sent me.

Bearing such advice in mind, Client agrees to pay to Attorney an Hourly fee as follows: Client shall pay to attorney at an hourly rate of $200 per hour. Client shall pay to Attorney a non-refundable retainer of $1600 upon the execution of this Agreement. Attorney shall send an invoice monthly or from time to time to Client for payment for services and Costs. If Client�s legal matter is continuing, client shall pay each invoice in its entirety and the retainer fee deposit shall be credit to the client final invoice only.


Asked on 8/26/01, 2:13 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Retainer Agreement

A lawyer can only ethically collect a fee if it was earned and any part of a retainer that is unearned must be returned to the client. Some lawyers do work for a fixed fee but if it an hourly job then in my opinion a non-refundable fee is unethical.

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Answered on 9/04/01, 5:25 am


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