Changing immigration lawyers in the middle of a case can raise an immediate financial question: Do you get any of your legal fees back?

The answer depends on the fee agreement, the type of payment, how much work the attorney has already completed, and the professional-conduct rules that apply. Firing a lawyer does not automatically mean that every dollar must be refunded, but it also does not necessarily mean that the attorney can keep everything that was paid.

When comparing the Best Immigration lawyers Chicago, clients should understand the firm's refund policy before signing a representation agreement, particularly when substantial fees are paid before work begins.

You Generally Have the Right to Change Lawyers

Clients are not normally required to remain with an attorney simply because they signed a representation agreement.

Illinois professional-conduct rules recognize a client's right to discharge an attorney at any time, with or without cause, although the client may remain responsible for legal services already performed.

Changing attorneys therefore involves two separate questions.

First, can you end the relationship?

Second, how much of the money you paid has actually been earned?

The answers are related, but they are not the same.

Does "Earned Upon Receipt" Mean the Fee Can Never Be Refunded?

Not necessarily.

This terminology can be particularly confusing because attorneys may use terms such as "retainer," "flat fee," "earned upon receipt," or "advance payment."

Under the current Illinois Rules of Professional Conduct, nonrefundable fees and nonrefundable retainers are prohibited. A fee agreement also cannot unreasonably restrict a client's right to obtain a refund of unearned or unreasonable fees.

At the same time, Illinois recognizes several different types of fee arrangements.

That distinction matters when determining whether money remains refundable.

Security Retainers Usually Remain the Client's Money Until Earned

A security retainer is money provided to secure payment for future legal services.

Under Illinois rules, these funds remain the client's property until the attorney actually earns them by performing work. They generally must be held in a client trust account and transferred to the attorney only as services are performed or expenses are incurred.

If the attorney-client relationship ends while money remains unapplied, that unused portion will generally need to be returned.

For example, imagine a client pays $6,000 into a security retainer. If the lawyer has properly earned $2,500 before the representation ends, the remaining amount may potentially be refundable, subject to the fee agreement and any legitimate outstanding expenses.

The calculation should be supported by the firm's records.

Fixed or Flat Fees Work Differently

Immigration lawyers frequently use flat fees for clearly defined services.

A lawyer might charge a fixed amount for preparing a family-based petition, adjustment-of-status application, naturalization matter, or another defined immigration service.

Illinois defines a fixed fee as a specific amount paid for a described service. A fixed fee can be paid before the work is completed and does not have to be held in the client's trust account.

However, paying a flat fee does not automatically mean that the lawyer can keep the entire amount after performing only a small portion of the agreed work.

Illinois guidance states that fixed fees are generally not refundable when the attorney completes the agreed services, but circumstances can require the lawyer to return a portion that has not been earned when representation ends early.

This is one reason the representation agreement should clearly describe what work the fixed fee covers.

What Is an Engagement Retainer?

An engagement retainer is different from a deposit for future work.

Its purpose is to secure the lawyer's availability during a specified period or for a particular matter. Under Illinois rules, this type of retainer is considered earned when paid because the lawyer is being compensated for committing to remain available. Legal services are generally compensated separately.

That means clients should be careful when they see language stating that money is being paid to reserve an attorney's availability.

They should understand whether they are paying for actual legal work, availability, or both.

Regardless of terminology, Illinois rules still require fees to be reasonable and prohibit agreements that improperly restrict a client's refund rights.

Special Purpose or Advance Payment Retainers Have Additional Rules

Illinois also recognizes what is called a "special purpose retainer," previously commonly referred to as an advance payment retainer.

These arrangements are intended for limited situations where using a normal security retainer would not accomplish an important purpose for the client.

The agreement must meet specific requirements, including being in writing and explaining how the funds will be used. Illinois rules expressly state that any portion not earned or required for expenses must be refunded to the client.

Simply calling a payment an "advance retainer" does not necessarily make the entire amount nonrefundable.

What Happens After You Fire an Immigration Lawyer?

Ending the attorney-client relationship should involve more than sending an email saying you no longer want the lawyer involved.

Illinois Rule 1.16 requires an attorney, when representation ends, to take reasonably practical steps to protect the client's interests. Those steps can include providing reasonable notice, giving the client time to obtain new counsel, surrendering papers and property the client is entitled to receive, and refunding advance fees or expenses that have not been earned or incurred.

Clients should generally request a complete copy of their immigration file.

That may include previously filed applications, supporting evidence, USCIS notices, correspondence, immigration court filings, government receipts, and other records needed by the next attorney.

Changing Lawyers Does Not Automatically Pause Immigration Deadlines

This is especially important in immigration cases.

Firing an attorney does not automatically stop a USCIS deadline, immigration court hearing, Request for Evidence deadline, appeal period, or other obligation.

For a matter pending with USCIS, changing representation generally involves submitting a new Form G-28 for the new attorney. USCIS guidance provides procedures for substituting or withdrawing legal representation.

Immigration court cases can require additional steps.

When a new attorney is substituted before an immigration court, the new practitioner generally must file a motion for substitution with Form EOIR-28. Until the immigration judge grants the substitution or withdrawal, the previous practitioner can remain counsel of record. A change in lawyers also does not automatically result in a continuance of an upcoming hearing.

Because of these rules, clients should coordinate the transition carefully.

What Should You Ask Your Former Lawyer for?

When terminating representation, ask for an explanation of the financial status of the case.

You may want documentation showing the original fee arrangement, payments made, work completed, expenses incurred, and any amount the attorney believes has been earned.

Illinois rules require attorneys to provide an accounting of client funds when appropriate, and disputed client funds generally cannot simply be treated as unquestionably belonging to the attorney while the dispute remains unresolved.

Keep communications about the termination and refund request in writing whenever possible.

What if You Disagree About the Refund?

A disagreement over a legal fee does not automatically mean that the attorney violated professional-conduct rules.

The Illinois ARDC explains that many fee disputes are contractual disagreements rather than disciplinary matters. However, the ARDC may investigate situations involving improper fee agreements or an attorney keeping advance fees that were not earned.

Clients should first review the engagement agreement and request a written explanation from the law firm.

If the disagreement cannot be resolved, the appropriate next step depends on the circumstances and may involve a fee-dispute process, legal action, or professional-conduct complaint.

Do Not Let a Fee Dispute Put Your Immigration Case at Risk

Money is important, but protecting the immigration case should remain the immediate priority.

If there is an upcoming interview, court hearing, appeal deadline, Request for Evidence, or filing deadline, make sure responsibility for that deadline is clearly transferred before focusing entirely on the refund dispute.

A new attorney should receive the existing file as quickly as possible and determine what actions are pending.

Changing to a New Immigration Lawyer

Clients change immigration attorneys for many reasons. Communication may have deteriorated, the case may have become more complicated, or the client may simply decide that another lawyer is a better fit.

Changing attorneys does not necessarily mean starting the immigration case over.

The new lawyer can review what has already been filed, identify pending deadlines, obtain the prior case file, and determine what work remains.

The fee question should then be addressed according to the written agreement, the work performed, the type of retainer or fee, and the professional-conduct rules that apply.

Understand the Agreement Before Paying

The best time to ask about refunds is before hiring the attorney.

Clients should understand whether they are paying a flat fee, security retainer, engagement retainer, special purpose retainer, or another type of fee. They should also ask what happens financially if representation ends before the immigration matter is completed.

If you are considering changing attorneys or want a second opinion about an ongoing immigration matter, contact Sverdloff Law Group to discuss your case with experienced immigration lawyers in Chicago.

A change in representation should be handled carefully so that questions about legal fees do not create new problems with deadlines, filings, or the underlying immigration case.