Three years ago I retained an attorney. I payed $2,500 for the retainer. I met with her once for a free consultation regarding a possible divorce. I talked to her once on the phone to tell her I wanted to hold off. I've now decided to go ahead with a divorce. Before I go back to her I wanted to know
Is my retainer still good since there wasn't any divorce papers typed or filed?
Answer
Should be. Ask the attorney.
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It sounds like you don't trust your attorney to give you a truthful answer. RED FLAG! If you don't trust the attorney, hire an attorney that you do trust.
Read more at www.MidMichiganDivorce.com
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The retainer should have been returned if services weren't rendered. If she still has your retainer it certainly should be applied, but she should have given it back after you told her you wanted to hold off.
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I agree that the retainer (less work she did perform) should have been returned when you decided not to follow through with the divorce. Even though you did not file, she may have drafted the paperwork or did other work before she received your call, and you could be charged for those services.
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