Define: Right Of Retainer

The right of retainer refers to a legal principle that allows an attorney to retain possession of a client’s property or funds until their fees are paid.

Yes, an attorney can exercise their right of retainer and refuse to release your property until their fees are paid. However, they must follow the ethical guidelines and laws governing the right of retainer.

No, the right of retainer can also apply to other professionals, such as accountants or consultants, who have provided services and are owed fees.

The duration for which an attorney can hold your property under the right of retainer varies depending on the circumstances and applicable laws. It is advisable to consult with an attorney to understand the specific time limits in your jurisdiction.

No, an attorney cannot use the right of retainer to keep your property indefinitely. They must release it once their fees are paid or if a court orders them to do so.

Yes, you have the right to dispute an attorney’s fees if you believe they are unreasonable or excessive. You can negotiate with the attorney or seek mediation or arbitration to resolve the fee dispute.

An attorney can only retain possession of your personal documents if they are directly related to the legal matter for which they provided services. They cannot withhold unrelated personal documents.

Yes, you have the right to terminate your attorney-client relationship at any time, even if they are exercising the right of retainer. However, you may still be responsible for paying any outstanding fees.

In some jurisdictions, attorneys are allowed to charge interest on unpaid fees held under the right of retainer. The specific rules regarding interest may vary, so it is important to consult local laws or your attorney for clarification.

If you suspect an attorney is abusing their right of retainer, you can file a complaint with the appropriate legal authorities or seek legal advice to explore your options for recourse.