NJSBA Family Law Section

 View Only
  • 1.  Returning client's retainer if retainer fee did not come from client

    Posted 12-15-2014 08:47 PM
    Listmates,
    Long story short, former client is asking me to return her retainer fee. I earned that money many times over and was even awarded fees from her ex (never saw a penny). If I were to receive all money awarded to me from the ex and add the money client paid, the total is still less than what I have billed for and earned in this matter. I do have a signed retainer and can account for every dollar spent and sought.
    However, what I am wondering is this... Client paid her original retainer using a check she received from some organization that assists battered women. That check was issued specifically to pay for the legal services. So, if I were to refund her the money she paid me, shouldn't I be refunding that money to the organization that issued the check and not to the client? Just wondering.
    Thank you
    -------------------------------------------
    Natalia Teper Esq.
    Pennington NJ
    (609)737-3030
    -------------------------------------------


  • 2.  RE: Returning client's retainer if retainer fee did not come from client

    Posted 12-15-2014 09:39 PM
    Natalia,



    I suggest that you treat the former client's request as a fee dispute and that you send her a letter by regular and certified mail, RRR, informing her of her right to fee arbitration.



    Then see what she does.



    Since you say that you more than earned what you have been paid, does it matter who paid the funds?



    Hanan Isaacs




  • 3.  RE: Returning client's retainer if retainer fee did not come from client

    Posted 12-15-2014 09:44 PM
    1. Why would you refund the retainer if the fee for the services rendered exceed the retainer?

    2. If client wasn't the one who paid the retainer, you would need the written authority of the payor before paying any refund of that retainer to the former client.

    3. Do you think this is a scam by the former client to get money she would like to have but which really belongs to someone else (either the battered women's shelter or you)?




    Sent from my Verizon Wireless 4G LTE smartphone




  • 4.  RE: Returning client's retainer if retainer fee did not come from client

    Posted 12-16-2014 08:50 AM
    Why would you ever return a "retainer", which is really a deposit, I'm sure, and probably as so designated in your retainer agreement – if your hours and expenses exceeded that deposit?!



    Description: cid:809112918@04052012-2ECF

    Mark F. Saker, Esquire

    Attorney ID #271831971
    Cerrato, Saker & Wilder
    A Professional Corporation
    819 Route 33
    Freehold, New Jersey 07728
    O: (732) 431-5000 X 125
    F: (732) 462-0483
    C: (732) 915-5190
    E: <mailto:[email protected]> [email protected]



    INFORMATION CONTAINED IN THIS E‑MAIL TRANSMISSION, INCLUDING ANY ATTACHMENTS, IS ATTORNEY PRIVILEGED & CONFIDENTIAL AND INTENDED ONLY FOR USE BY THE INDIVIDUAL OR ENTITY INDICATED TO BE THE RECIPIENT. IF THE RECEIVER OF THIS TRANSMISSION IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE DELETE IT FROM YOUR SYSTEM WITHOUT COPYING OR FORWARDING IT, AND IMMEDIATELY NOTIFY US BY REPLY E‑MAIL. THANK YOU!



    TAX ADVICE DISCLOSURE: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

    P Consider the environment before printing this e-mail. Please print this e-mail only if necessary.