Attorney Fees

[ERDoc]

Hello,

I'm involved in a bitter divorce with a wife who is completely unreasonable and not willing to negotiate a settlement (Her attorney sent a letter stating they feel she is entitled to "100%" of the assetts).

My attorney took a $2000 retainer fee initially to start representation. I have paid her close to 17,000 already. Now the case will quite possibly go to Trial on Jan 20th, and today I received a letter from her requesting a $7500 retainer AGAIN to continue forward with the case. This is rediculous in my opinion. What if the case settles before it every makes it to court and I don't have to pay anywhere near the $7500 to finish the rest. I don't think it is fair or appropriate to ask for a non-refundable $7500 at this time. I believe she is trying to gouge me as well considering she brings this up so close to the trial date and making a difficult to even find a replacement attorney. Any thoughts? Should I change attorneys? Is this expected in the legal world? I have never been in this position before ( and hope never again).

Thanks.

 

[dee_dub]

Courts are divided on whether non-refundable deposits are kosher. Whether your lawyer can legitimately ask for one depends on your state.

Is it expected? It's not uncommon, that's for sure. A lawyer has to do a ton of prep in anticipation of trial, and turn down clients they might otherwise work for. There's a big opportunity cost in going to trial for someone, and a non-refundable retainer is not unheard-of way of managing the risk.

Imagine you were scheduled do to a surgery that was going to take 3 days and meant you couldn't work on any other patients for that time. Would you want the patient backing out at the last minute, leaving you with an un-planned 3-day vacation?