Thousand Oaks, CA asked in Family Law for California

Q: I signed a retainer agreement and paid the retainer fee. The attorney never signed the retainer

The case was very short, he spent the retainer and says I still owe him a lot of money.

California law is he entitled to more payments if he did not sign the retainer agreement?

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5 Lawyer Answers
James L. Arrasmith
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Answered

A: In California, a retainer agreement becomes binding when both you and the attorney agree to its terms, typically through signatures. If you signed the agreement and paid the retainer fee, the contract is generally considered valid even if the attorney did not sign it. This means the attorney can use the retainer to cover initial legal services provided.

However, the attorney should clearly outline how the retainer is applied and any circumstances that might require additional payments. If the case was brief and the retainer was fully used, the attorney should provide a detailed accounting of the services rendered and expenses incurred. Without proper documentation, claiming that you owe more may not be justified.

You should review the retainer agreement carefully to understand your obligations and the attorney’s responsibilities. If you believe the charges are unfair or not clearly explained, consider discussing the issue directly with the attorney. If necessary, you can seek assistance from the California State Bar or another legal advisor to resolve the dispute.

A: Review the invoices. If the work done was legitimate and necessary to your case, then yes, you should pay the invoices. The fact that your attorney may not have signed the retainer agreement you signed does not mean you are no longer obligated to pay for his/her services. If the fees were earned, then you should pay them.

A: Signing the client's copy of the retainer agreement is not required to bind you to the contract. The attorney may well have signed his/her original or a copy and that would suffice. In any event, assuming there was no written agreement signed by both parties, the attorney would be entitled to payment for the reasonable value of services rendered. If the work was done and the invoices reflect the work done, you should pay the invoice.

A: Signing the client's copy of the retainer agreement is not required to bind you to the contract. The attorney may well have signed his/her original or a copy and that would suffice. In any event, assuming there was no written agreement signed by both parties, the attorney would be entitled to payment for the reasonable value of services rendered. If the work was done and the invoices reflect the work done, you should pay the invoice.

A: Signing the client's copy of the retainer agreement is not required to bind you to the contract. The attorney may well have signed his/her original or a copy and that would suffice. In any event, assuming there was no written agreement signed by both parties, the attorney would be entitled to payment for the reasonable value of services rendered. If the work was done and the invoices reflect the work done, you should pay the invoice.

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