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Divorce/Separation :
Retainer info

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 WeepingBuddhist (original poster member #39139) posted at 3:51 PM on Monday, December 9th, 2013

I REALLY wish I had better understood how retainers work (or at least how it is working in my case).

I am lucky enough to have a buddy giving me the money for the retainer ($2,500). As I learned today, I will pay each month and then when dissolution is final, I will get the retainer back but I need to keep the balance at $2,500 until then! I find myself now having to ask for twice as much cash so that the attorney bills can be paid and then give her the retainer back when this is all over. ugh. Apparently, this is so that if things drag out and one stops paying, fees can be covered up to the retainer amount and I get that, I just wish I had been more alert to this.

Me: BS 46
Him: unimportant
D Day:4-27-13
DIVORCED!!! 2-20-14

posts: 978   ·   registered: Apr. 30th, 2013   ·   location: BFE
id 6590553
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debbysbaby ( member #32962) posted at 12:37 AM on Tuesday, December 10th, 2013

I had to pay $3500 retainer but no more. I did not have to pay anything to keep the balance at $3,500.

-betrayed almost my whole almost 15 yr marriage
-divorced since 2004

posts: 1025   ·   registered: Aug. 1st, 2011
id 6591366
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phmh ( member #34146) posted at 1:06 AM on Tuesday, December 10th, 2013

That's not how it worked for me, either.

I paid the retainer, got monthly statements showing how much was left, and a check in the mail when it didn't cost as much as the retainer was.

How far along are you with this lawyer? Although, maybe the usual practice depends on the city/state, so maybe all of the lawyers in your area do it like this?

Me: BW, divorced, now fabulous and happy!

Married: 11 years, no kids

Character is destiny

posts: 4993   ·   registered: Dec. 8th, 2011
id 6591398
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Heal&Deal ( member #30910) posted at 1:33 AM on Tuesday, December 10th, 2013

This is not how it worked for me either. I paid the retainer and then the attorney took money out of that each month for the services rendered. I received an monthly itemized statement accounting for the debits. When the D was final, I received a final statement and a check for the balance.

How many consults did you do? How do other attorneys in your area bill?

posts: 936   ·   registered: Jan. 20th, 2011   ·   location: USA
id 6591430
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roughroadahead ( member #36060) posted at 2:51 AM on Tuesday, December 10th, 2013

Typically, retainers work like ^^ they said. You pay, it goes into the lawyer's IOLTA account and they basically pay themselves out of that as they do billable work on your matter. Let's say they bill out at $400/hour, and they spend 12 minutes talking to the other lawyer, they are now entitled to $80 of your retainer. There is another type of retainer too (*pause to go get mpre study book because I don't have the type of job that bills hourly in the first place*) but it also doesn't work like that.

Lawyers have been disbarred if unearned retainer is not returned, but it sounds like the "retainer" is. If it is making your life more difficult than it needs to be, finding another lawyer is always an option, again, unearned fees are always returned.

BS-Me 30s
WS-Him 30s
D-Day 4/2012 (Insisted EA only)
D-Day 5/2012 (Did I say EA? Ummm..)
Numerous other TT/broken NC d-days until S 1/2013. D settled 11/2013
MOW-coworker, 40s.
2 DS and DD all w/autism

posts: 751   ·   registered: Jul. 9th, 2012   ·   location: USA
id 6591520
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Must Survive ( member #34533) posted at 3:36 AM on Tuesday, December 10th, 2013

My lawyer (fired immediately after settlement hearing)collected a retainer and I had to keep it at that amount. $2,500. Every month I would get a statement and how much was due to keep the retainer currently at $2,500.

Me BS
WS: Just a squished bug on the window of my life!
Divorced-Let my new beginning start

They have a choice: they can live in my new world, or they can die in their old one." — Daenerys Targaryen

posts: 1066   ·   registered: Jan. 13th, 2012   ·   location: Must Survive
id 6591569
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Gemini71 ( member #40115) posted at 4:23 AM on Tuesday, December 10th, 2013

Yep, that's what my paperwork said too. I have to keep the retainer at $5000. However, in reality his office is happy if I keep the overall balance positive. It helped that I contacted the billing department and let them know I could only afford to send them a certain amount each month, which I would do to keep the balance positive and/or growing back towards paid in full.

DSs 21, 16, 12
About my Ex:
IDK
IDC
IDGAF

Double Betrayal D-Day 7/26/2013
Divorced 11/18/2014

posts: 3406   ·   registered: Jul. 30th, 2013   ·   location: Illinois, USA
id 6591623
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 WeepingBuddhist (original poster member #39139) posted at 1:08 PM on Tuesday, December 10th, 2013

Thanks for all the input! I re-read my agreement and it's pretty clear that my retainer works more like a deposit. From what she has said so far, the dissolution should be pretty simple and not be too costly (no assets/no kids). I should have paperwork to review in a week or so then give it to him to sign. I am thinking we should file after January 1 just to make taxes easier.

Me: BS 46
Him: unimportant
D Day:4-27-13
DIVORCED!!! 2-20-14

posts: 978   ·   registered: Apr. 30th, 2013   ·   location: BFE
id 6591875
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