If you give a divorce lawyer a retainer on a divorce and then change your mind within a few days, are they obligated to return the retainer?

While I cannot speak for all jurisdictions and for all situations, generally an attorney to whom you have paid a retainer or advance deposit is obligated to return the unearned portion of that retainer/deposit if you terminate that attorney’s services, especially if you terminate the attorney’s services within days of retaining the attorney.

You will need to read your contract/representation agreement that you have with your attorney and gain an understanding of the ethical rules that govern attorney compensation in your jurisdiction to determine if there are exceptions to this general principle.

Utah Family Law, LC | | 801-466-9277

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