Legal Question in Family Law in Missouri

Retainer fees

I retained an Atty, about a month and a half ago, to change my visitation schedule with my ex, and to serve him with papers to collect child support through the state. The Atty is ''waiting'' on me to give him an address for my ex. My ex works, but I don't know what his home address is as he moved without telling me. If I were to ''fire'' this atty and go to a new one that is on my side, how much of that retainer fee would he keep and how much would I get back?


Asked on 10/10/06, 10:49 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Retainer fees

Different attorneys respond differently to being fired. Hopefully, if it comes to that, your attorney will be understanding and cooperative. To answer your question, the attorney would be entitled to keep a reeasonble amount of the retainer fee to compensate him or her for the amount of work done, or time spent. Most of these cases are charged on an hourly fee basis, so the amount of money would depend upon the amount of time spent on your case. Before firing your attorney, consider the fact that most attorneys do ask their client to provide them with information on the other party. Is there a reason why you can not provide the home address? Is there a reason the attorney can not just have your ex served on the job? Have you discussed with your attorney the possibility of paying an investigator to find the address for you? Perhaps if you will pause and consider, you will work things out so that it will not be necessary to fire your attorney. No matter how it works out, I do wish you the best of luck.

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Answered on 10/11/06, 12:27 am


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