Q: what is a retainers fee? in regards to a lawyer.
When a client and a lawyer separate and the lawyer requests a payment covered by the amount retained by the deposit, can a lawyer ask for more money by securing all paperwork involved with your case refusing to release any documents?
A: Are you asking whether a lawyer you have let go (e.g. fired) can hold on to your documents and refuse to return them until you pay off a debt or unpaid bill with that lawyer? If so, the answer is no. The authority for this is California Rule of Professional Conduct 3-700. You can google that. What the lawyer should do is return the files and then sue the former client for the amount that is alleged to be owed to the lawyer.
A: Retainer is an advance payment of legal fees which is kept in the Trust account until earned and transferred to the attorney general account. A California lawyer cannot retain the files because of non-payment without violating the Rules of Ethics. This is a serious matter; consult an immigration lawyer to be on the safe side. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney, CPA.
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