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Learning, Sharing, and Teaching => Ask a Mustachian => Topic started by: Tabitha on March 22, 2016, 11:51:43 AM

Title: Asking for legal retainer to be returned? (Matter settled)
Post by: Tabitha on March 22, 2016, 11:51:43 AM

We're cleaning up some back logged items.
In 2008 spouse paid a legal retainer (NY state) as a precautionary measure. The lawyer did some reading and advising, but that hourly rated invoices were paid in 2008. Everything was settled relatively amicably in 2011 - the law firm wasn't needed. The Retainer is still on deposit with the firm.

Is there a proper format for asking for the retainer deposit back?
 (I've googled and confirmed the lawyer is still with that firm, in fact he's a partner now.)

Title: Re: Asking for legal retainer to be returned? (Matter settled)
Post by: Shade00 on March 22, 2016, 12:00:27 PM

I don't know the ethical or professional rules in NY but I would have a copy of the original agreement with the attorney handy and then give him a call.

Title: Re: Asking for legal retainer to be returned? (Matter settled)
Post by: enb123 on March 22, 2016, 12:20:51 PM

I'm a lawyer and there shouldn't be an issue getting it back with a simple request.  If anything, I would probably apologize for the oversight when returning it to you.