What If My Attorney Won’t Return My Retainer?

Many clients assume they are powerless if an attorney resists refunding unused retainer funds.
The truth is that most retainers are security retainers, which remain the client’s property until earned.

Governing Rule

ABA Model Rule 1.15 requires attorneys to safeguard client property, including funds in trust.

ABA Model Rule 1.5 requires fees to be reasonable.

State bar rules and ethics opinions consistently hold that unearned portions of a security retainer must be refunded promptly.

What You Can Do
(1) Demand an accounting in writing, including invoices and trust account statements.
(2) Enforce your retainer agreement as a contract — not just an oath.
(3) Pursue fee arbitration (many state bars mandate or strongly encourage this process).
(4) File a civil action for breach of fiduciary duty or conversion if necessary.

Why This Matters
The attorney’s oath is symbolic. Your enforceable rights come from contract law and fiduciary duties.
A retainer is not a blank check. With the right evidence, you can hold an attorney accountable through legal process, not faith.

Citations & Authorities

ABA Model Rule 1.15 — safekeeping client property.

ABA Model Rule 1.5 — reasonableness of fees.

In re Cooperman, 83 N.Y.2d 465 (1994) — invalidating non-refundable retainers not tied to availability.

State bar fee arbitration programs (California, New York, Illinois, etc.)

Conclusion
If your attorney won’t return your retainer, you are not stuck.
Demand accounting, pursue arbitration or civil remedies, and remember: the contract governs, not the oath.

Don’t argue over the oath. Argue over the accounting. That’s where the law protects you.