I am an inmate in a state correctional institution. I hired a lawyer and he wanted a $50,000 retainer. I paid him half the retainer. I had two preliminary hearings and he did not show up. Because he didn’t show up, I then fired him. I requested a refund of the fee. He refused, saying he had a nonrefundable fee clause. Does that protect him from keeping the funds?
Nonrefundable fees are accepted in Pennsylvania and some other states, but they are not favored. The courts have allowed lawyers sometimes to retain substantial nonrefundable fees, but that is when there is a sophisticated client, such as a business or a law firm, involved and the firm has actually done significant work or turned away other business.
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