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Ilsa

(61,696 posts)
Sat Nov 29, 2014, 09:25 PM Nov 2014

When are an attorney's services "finished"?

A relative has this situation: he paid the retainer for his daughter's lawyer in a custody fight. The lawyer had very little contact with the mom, and without her attorney, she ended up signing a custody agreement drawn up by the baby-daddy's attorney. It has been accepted by the court, so it is now an order of the court.

The father (grandfather) would like his money back, less whatever expenses the attorney incurred. He's called, but gotten nowhere.

Any ideas?

6 replies = new reply since forum marked as read
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When are an attorney's services "finished"? (Original Post) Ilsa Nov 2014 OP
Depends on the retainer agreement. elleng Nov 2014 #1
The gal's father doesn't have the retainer. Ilsa Nov 2014 #4
I'm in Houston -- PM me if this is in Harris County or nearby. Geoff R. Casavant Nov 2014 #2
The father didn't sign the retainer. Ilsa Nov 2014 #5
as others have you said qazplm Nov 2014 #3
Thank you. Ilsa Nov 2014 #6

elleng

(131,063 posts)
1. Depends on the retainer agreement.
Sat Nov 29, 2014, 09:43 PM
Nov 2014

If nothing was said about attorney's obligations, they can certainly WRITE and inform him that the Matter is closed, which occurred without much if any contact with his client, and they would appreciate receiving the retainer back.

Generally, counsels' services are 'finished' when client says they are, but retainers are contracts so do have to be considered.

Ilsa

(61,696 posts)
4. The gal's father doesn't have the retainer.
Sun Nov 30, 2014, 01:08 AM
Nov 2014

She is the one that signed the agreement. He hasn't read it. He tends to fall for his daughter's manipulations. ("If you don't help me with my custody expenses, you won't get to see your grandkids again.&quot

Geoff R. Casavant

(2,381 posts)
2. I'm in Houston -- PM me if this is in Harris County or nearby.
Sat Nov 29, 2014, 10:38 PM
Nov 2014

I will be glad to meet with the father to review the retainer and discuss options.

Ilsa

(61,696 posts)
5. The father didn't sign the retainer.
Sun Nov 30, 2014, 01:11 AM
Nov 2014

The place is SW of you, but I don't have his permission to go any further than this yet. Thank you for your offer, though.

qazplm

(3,626 posts)
3. as others have you said
Sun Nov 30, 2014, 12:48 AM
Nov 2014

ironically you might need an attorney to review the retainer contract...but extremely generally speaking, all a retainer really is, is sorta reserving the attorneys time, a kind of "you're serious about this" thing you pay upfront. It's often separate from billable hours (which is here's what I actually did for you). Still, it depends.

Ilsa

(61,696 posts)
6. Thank you.
Sun Nov 30, 2014, 01:13 AM
Nov 2014

It's a messy situation. The daughter manipulates her father to get him to cough up the dough.

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