Off-putting to ask for a write in clause in a contract?
"I am OK with the retainer and the rates; however, from my understanding, the retainer is nonrefundable. The issue I encountered with previous attorneys was that they agreed to pursue motions to compel discovery, but ultimately did not follow through for, what I assume, was in their best financial interest. This leaves me concerned about paying a nonrefundable retainer without assurance that those matters would actually be pursued.
With that said, I would be more comfortable including a write in clause in the agreement providing that, if motions to compel discovery are not pursued in court, I reserve the right to terminate representation and receive a refund of any unused portion of the retainer."
She knows the case, and agreed to do compel. Is my request fair and understandable or would you run for the hills? Alternative option is ask for a lower retainer and pay as I go (she knows I have the money) but I think that would leave a far more sour taste.