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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12365
Experience:  JD, MBA
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I have an attorney that is charging 10k until first round of

Customer Question

I have an attorney that is charging 10k until first round of discovery is that below the norm
Submitted: 2 years ago.
Category: Legal
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
Can you please describe the case, where it is being tried, what the attorney is doing?
Also, is the $10k his actual fee, or just a retainer?
Customer: replied 2 years ago.
A retainer up until first round of discoveryI am being sued for 295000 from one of my vendors that caused damage to my product and charged back 180000It is in LA superior court
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
I don't think $10k retainer is out of line at all for the litigation that you describe. In fact, it's fairly reasonable. I assume the attorney will be charging you hourly, and he'll draw down from the retainer until it's used up. It may or may not be used up by the time discovery starts, but my firm probably would have charged more up front, so I think your attorney is being quite fair.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.
What i an asking is. It is until the first round of that a long ways
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
To clarify, you're asking if the first round of discovery is a long ways off? If so, then the answer is no. The first round of discovery could start tomorrow. There is no time restriction on when a party to a lawsuit may serve discovery on another party. He can do so immediately. The only time restrictions pertain to the end of discovery (i.e., there is a deadline when it is too late to ask for anything further).
Customer: replied 2 years ago.
Okay ive never been in a lawsuit...One attorney asked for 5k retainerThis one said 10k until first round of discovery
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
The retainer is just a way for the attorney to be sure that he's being paid. So, it doesn't really matter whether you pay $5k up front or $10k up front. If he's charging $300 per hour, for example, then it only makes a difference with regard to how soon you need to pay for a new retainer.
I take the attorney's remarks regarding discovery to merely mean that when he either gets served with discovery, or he prepares discovery, that will burn through most, if not all, of the retainer that you gave him. Accordingly, that is likely when you'll need to replenish the retainer. When discovery hits, whether it's tomorrow or 2 months from now, the attorney will be spending many hours on your case and the retainer will be used fast.
Does that make sense? Let me know if you need more clarification.