AVVO, I appreciate your site here and hope you will post this additional information to that review I just gave about Josh Howell as this will be very helpful to a potential client.
I just posted a review and again reviewed the contract that Josh had initially sent me. Here is a link of pertinant ...information (NC bar ethics) that describes types of 'retainers' and whether the lawyer should be using the term, NONREFUNDABLE.
http://www.ncbar.com/ethics/eth_articles_12,1.asp
I see know that I was not fully explained by Josh to me about what it meant that a 'nonrefundable' earned immediately (meaning reserving them for even to utilize their services) is not part of the 'working hour fee' and I do say do not sign a contract with this man without fully realizing such. What has happened is that he billed me for $750.00 just to hire him (not deducting any hourly charge from that) and then within about 2 business days he disengaged his services and wrote me that he would waive 450 dollars of billable time (beyond the 750 dollars!!!) which I thought he meant he could refund me the remaining balance of the retainer fee (who would have thought if you do not often use a lawyer that they would charge 750dollars just to call upon him?) and he had not much experience with clients at civil cases and is still new as a lawyer?
So I am sorry to say that he is right about the clause in our initial contractI signed with him though I clearly did not understand that I had paid $750.00 just to have him on the team not as billable money paid up front? I thought a retainer was to have money in deposit towards billable hours. Now according to that link above this could be considered an unreasonable retainer fee, as I was not really that informed about what I signed in full understanding in the initial hiring (and was quite involved in the need for an attorney) yet I had sent that information to Josh and he still stood on the fact that he earned that retainer by me just signing his contract. So potential client beware...this man looks for a 'true retainer' meaning you should plan on his fees to be above the retainer as the retainer does not have any monies towards his hourly rate. I surely am glad that he 'waived the $450 dollar fee (3 hrs of his time) as I lost the $750dollars as soon as I hired him. I could according to that link file a complaint against him at the NC bar association but that also takes up my time and I spent time in writing a review about him to help you make a valuable choice or a much better contract than I did with Josh Howell. If I had known this I would have demanded a release clause to have the remainder returned to me if an early unexpected termination of our agreement was done or I would just not have agreed to a 'true retainer' fee being requested...I would have used an hourly retainer fee only. Hope this helps someone in hiring whatever lawyer you hire just in doing your hiring contract with whoever that is.
I still cannot recommend this man as a lawyer as I think the tactic of using 'true retainers' clauses with people who are ignorant of the system is wrongful especially when engaging such when the client is already very perplexed and in great need. I personally think he took advantage of my need and my ignorance in the definition of a retainer (who would think that kind of retainer even exists?) and if it was my fault alone to know exactly what the definitions of retainer is..then I admit I put $750 towards my ignorance yet thankful I learned about these types of tactics used in the lawyer contracts for how they get paid.
Thank you AVVO for allowing me to post this helpful information as a former client of Josh Howell.