Trial Retainer

[gollymolly]

when is it appropriate to sign a new retainer? a trial retainer.  would this be signed and in place prior to mediation or following mediation, when trial is then certainly expected?

we aren't certain we will be going to trial. we are hoping to settle the case in mediation. and now my attorney is asking for a trial retainer.  he has changed to a new firm.... and i am wondering if he is attempting to change his rate of pay prior to mediation.

[socrateaser]

>when is it appropriate to sign a new retainer?

I wouldn't have a separate agreement. My retainer agreement covers all the possibilities up front (consults, mediation, arbitration, trial, appeal, etc.).

>a trial retainer.  would this be signed and in place prior to
>mediation or following mediation, when trial is then certainly
>expected?

The attorney wants to know that there will be sufficient funds to pay the bills. He should have taken any funds not already earned which remained in your trust account, with him from the other firm. If he didn't, then both he and the other firm have violated the rules of professional conduct and you can demand that the retainer be transferred to the trust account in the new firm or refunded to you.