Paying a retainer to a lawyer can feel stressful, especially if the legal relationship ends and money is still sitting with the attorney. A very common question that comes up is: how long does an attorney have to return a retainer? The short answer is that there is no single nationwide deadline, but US law and legal ethics rules do set clear expectations. Understanding these rules can help you know what to expect and what steps to take if a refund is delayed.
This article explains the issue in simple terms, from how retainers work to realistic timelines, your rights, and what to do if your lawyer does not return your money.
What Is a Retainer?
A retainer is money you pay upfront to a lawyer before or at the start of representation. This payment is not always a fee the lawyer immediately earns. In many cases, it is an advance payment for future legal work.
There are different types of retainers, and the type matters when it comes to refunds and timing.
Common Types Of Retainers In The US
Advance Fee Retainer
This is the most common type. You pay money upfront, and the lawyer bills their hourly work against it. The unused portion belongs to you and must be returned when representation ends.
Flat Fee Retainer
Sometimes you pay a fixed amount for a specific service, such as drafting a contract or handling a simple case. If the lawyer completes the work, the fee may be fully earned. If the work is not completed, part of the fee may need to be refunded.
True Retainer Or Availability Retainer
This type of retainer pays the lawyer simply to be available. It is often earned immediately and may be non-refundable, but it must be clearly stated in writing. These are less common and often misunderstood.
Where Is Your Retainer Held?
In most US states, unearned retainer funds must be kept in a client trust account. This account is separate from the lawyer’s personal or business funds. The lawyer can only move money out of the trust account after earning it through legal work.
Because the money still belongs to you until earned, the lawyer has a duty to return any unearned portion promptly after representation ends.
Is There A Fixed Deadline To Return A Retainer?
There is no single federal law that sets an exact number of days for returning a retainer. Instead, timelines are governed by:
- State rules of professional conduct
- State bar regulations
- Court interpretations
- The wording of your fee agreement
Most rules use language such as “promptly” or “within a reasonable time.”
What Does “Promptly” Mean In Practice?
Although the rules do not usually list a specific number of days, courts and state bars generally expect the refund to be issued within 14 to 30 days after the attorney-client relationship ends.
In many situations, refunds happen sooner, especially if:
- The case was short
- The billing records are clear
- Little work was done
Longer delays may be acceptable if billing needs to be finalized, but indefinite delays are not acceptable.
When Does The Clock Start Running?
The timeline usually begins when representation officially ends, which can happen when:
- You fire the lawyer
- The lawyer withdraws
- The case concludes
- The agreed scope of work is completed
At that point, the lawyer should calculate earned fees, prepare a final invoice, and return any remaining balance.
What Can Legitimately Delay A Retainer Refund?
Some delays are reasonable and allowed. These may include:
Final Billing Review
The lawyer may need time to prepare a final bill, review time entries, and apply charges to the retainer.
Pending Expenses
If there are outstanding costs, such as filing fees or expert fees, the lawyer may wait until those are finalized.
Fee Disputes
If there is a genuine dispute over fees, the lawyer may temporarily hold the funds in trust until the issue is resolved.
However, even in fee disputes, many states require the undisputed portion of the retainer to be returned promptly.
What Is Considered An Unreasonable Delay?
A delay may be considered unreasonable if:
- Weeks or months pass with no explanation
- The lawyer stops responding to messages
- No final invoice is provided
- Funds are not returned despite repeated requests
In such cases, the delay may violate ethical rules and could expose the lawyer to discipline.
Does It Matter Why The Relationship Ended?
Yes, the reason matters.
If You Fired The Lawyer
You generally still have the right to a refund of unearned fees. Firing a lawyer does not mean the lawyer gets to keep unearned money.
If The Lawyer Withdrew
If the lawyer withdrew without good cause, refund obligations may be even stronger.
If The Case Ended Naturally
Any unused retainer after the case ends must still be returned.
What Should Your Fee Agreement Say?
Your written fee agreement is extremely important. It often explains:
- How retainers are handled
- When fees are considered earned
- Refund policies
- Billing practices
If the agreement says unused funds will be returned within a certain number of days, the lawyer must follow that timeline.
Always review this document carefully.
How You Can Request Your Retainer Back
If you believe money is owed to you, take these steps:
Ask In Writing
Send a polite written request asking for:
- A final invoice
- The return of any unearned retainer
- A timeline for payment
Written communication creates a record.
Keep Records
Save copies of emails, invoices, your fee agreement, and proof of payment.
Follow Up Once Or Twice
Sometimes delays are administrative. A reasonable follow-up can resolve the issue.
What If Your Lawyer Ignores You?
If your lawyer does not respond or refuses to return the retainer without explanation, you have options.
Contact The State Bar
Every state has a bar association that regulates attorneys. You can file a complaint for failure to return unearned fees.
Fee Arbitration Or Mediation
Many states offer fee dispute resolution programs that are faster and less expensive than court.
Small Claims Court
If the amount is within the small claims limit, you may be able to sue for the refund.
Can A Lawyer Keep The Entire Retainer?
A lawyer may keep the entire retainer only if:
- It was fully earned
- It was a true non-refundable retainer clearly stated in writing
- The work agreed upon was completed
Simply labeling a fee as “non-refundable” does not always make it enforceable. Courts often look at whether the fee was actually earned.
Ethical Rules That Protect You
Most states follow versions of the ABA Model Rules of Professional Conduct, which require lawyers to:
- Keep unearned fees in trust
- Return unearned fees promptly
- Provide clear billing
Failing to return a retainer can lead to discipline, including fines or suspension.
How Long Is Too Long To Wait?
While every case is different, general expectations are:
- 1–2 weeks: Common and reasonable
- 30 days: Usually the outer limit without a strong reason
- More than 30 days: Often considered problematic
- Several months: May indicate an ethical violation
If you feel something is wrong, trust your instincts and take action.
Practical Tips To Avoid Retainer Problems
You can reduce problems by:
- Asking how refunds are handled before paying
- Requesting regular billing statements
- Keeping written communication
- Reading the fee agreement carefully
Being informed upfront can prevent disputes later.
Final Thoughts
So, how long does an attorney have to return a retainer? In most cases, the answer is promptly and within a reasonable time, often within a few weeks after representation ends. While there is no universal deadline, ethical rules strongly favor quick refunds of unearned fees.
If you paid a retainer and your lawyer still holds unearned money, you have the right to ask questions, demand transparency, and take further steps if necessary. Knowing how the process works puts you in a stronger position and helps protect your financial interests.