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If I have retained a lawyer for a divorce case and paid $2500 retainer fee, can I change my mind and request the fee back?

Frisco, TX |
Filed under: Divorce

This attorney has efiled my divorce paperwork she states but doesn't get back to me after repeated phone calls, etc. I am feeling less and less comfortable with her. What are my options?

Attorney Answers 3


Write her a certified letter. If you want to continue the suit, tell her why you are dissatisfied, ask her to withdraw telling her you want another lawyer. If you don't want to continue the suit, tell her to "nonsuit" the matter.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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Generally, retainers in Texas are refundable, minus the attorney's work and expenses. You have a couple of options: you can tell your attorney you're dissatisfied and hope she changes; you can send her a letter stating that you want to cancel her representation and asking for a refund of her retainer; or you can try to retain another lawyer who will ask for her retainer back so they can get paid as well.

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You can certainly change your mind. You should have a contract you signed when you hired the attorney, and you should check that contract to see what the terms are that govern termination of the representation and return of funds.

All answers are provided for informational purposes only. Patricia Brown is licensed to practice law in the State of Texas and in no other state, and all answers provided by Patricia Brown on AVVO are based only on her knowledge of Texas law and not on the laws of any other jurisdiction. Furthermore, nothing contained in any answer on AVVO by Patricia Brown constitutes legal advice, and should not be construed as such. Finally, Patricia Brown responding to a posted question on AVVO is not intended to, nor does it, create an attorney client relationship.

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