Lawyer Retainer - What Is It? | Hillside Law Inc. Penticton (2024)

When someone says they are going to call “their” lawyer, or when they refer to having a lawyeron retainer,what does that mean exactly? What is a lawyer retainer and how does it work?

Many professional service providers will require a retainer and in the case of a lawyer retainer, it is meant to set the terms for legal services to be rendered at a future date. There are different types of retainer options: the retainer agreement and the retainer fee. Typically, these will go together.

Types of Legal Retainer

Retainer Agreement

A retainer agreement is a written agreement that serves as a contract between you and your lawyer. It is used to help ensure clear communication and avoid misunderstandings between you and your lawyer. If issues arise, such as a fee dispute, you can apply to have the bills reviewed by the court.

The agreement may include details such as how and when you and your lawyer will communicate with each other, the legal services to be provided, how fees will be charged (hourly or flat rate), and the consequences of failing to pay. It will typically also detail what will happen to the retainer fee should either party terminate the relationship.

The main purpose of the retainer agreement is to ensure that your dealings with the lawyer go smoothly and that both parties are clear on what to expect.

Retainer Fees

As part of the retainer agreement, you will determine how fees are handled: hourly rate, flat fee, or contingency.

When agreeing to an hourly rate, your lawyer will bill you according to the number of hours of work they do for you. This rate will vary based on the type of work and the experience of the lawyer.

Flat fees determine the fixed fee that will be paid, regardless of the number of hours of work are done on your behalf. This is typically the case for criminal defence lawyers.

Contingency fee agreements indicate that the lawyer will be paid a percentage of a lump sum settlement or trial award received by you in your case. If no money is recovered, you will not be responsible for a legal fee.

Your retainer fee will go into a trust account and your lawyer will withdraw funds as they complete their work. They will send you a bill detailing their withdrawals and you may ask at any time how much of a balance remains in the account.

At the end of the case, if there is still money in the account and no fees are owing, the remaining funds will be returned to you.

What You Should Consider Before You Hire a Lawyer on Retainer

Lawyer Retainer - What Is It? | Hillside Law Inc. Penticton (1)

If you do not understand any of the conditions listed in your retainer agreement, be sure to ask your lawyer to clarify. They will explain any details to make sure you know what you’re signing. They should also provide you with a copy of the agreement for your records.

Aside from detailing fees, you may wish to include terms such as:

  • Means of arbitration in the event of a dispute
  • The client’s right to terminate the retainer agreement
  • The lawyer’s right to withdraw
  • Conflict checks
  • The privacy policy of the lawyer and firm
  • Intention to use associates and paralegals for additional services and expenses

How Long is a Lawyer Retainer Good For?

A lawyer cannot claim the retainer fee until they have completed work and provided an invoice to the client. The retainer is still the possession of the client until used for legitimate expenses as detailed in the retainer agreement. The amount in the trust account will not expire.

If you require a lawyer, or wish to learn more about legal retainers, do not hesitate tocontact usand we will answer all of your questions.

Lawyer Retainer - What Is It? | Hillside Law Inc. Penticton (2024)

FAQs

Lawyer Retainer - What Is It? | Hillside Law Inc. Penticton? ›

A retainer agreement is a written agreement that serves as a contract between you and your lawyer. It is used to help ensure clear communication and avoid misunderstandings between you and your lawyer. If issues arise, such as a fee dispute, you can apply to have the bills reviewed by the court.

What is the purpose of a lawyer retainer? ›

A retainer fee can be used to guarantee that the lawyer will be available to take a particular case. With this type of agreement, the client would be billed additionally for the legal work that is done.

Are lawyer retainers refundable? ›

Notably, this interpretation of a retainer payment is non-refundable to the client. It should also not be deposited into a trust account because it is the law firm's money upon receipt.

How does a retainer payment work? ›

A retainer fee is an advance payment a client makes to a professional, and it is considered a down payment on the future services rendered by that professional. Regardless of occupation, the retainer fee funds the initial expenses of the working relationship.

What is monthly retainer fee? ›

A monthly retainer fee is paid in advance by your clients to ensure that your services will be available to them for the period covered. Clients on a monthly retainer usually pay a recurring fee, and they usually work on long-term projects with different agencies, who are available at their beck and call.

How long is a lawyer retainer good for? ›

But how long is a lawyer retainer good for? Generally, a lawyer retainer is good for the duration of the legal matter for which it was paid. For example, if a client pays a retainer to handle a personal injury case, the retainer will typically cover the lawyer's fees and expenses until the case is resolved.

Is it worth having a lawyer on retainer? ›

Perhaps the most apparent benefit of establishing a retainer agreement with an attorney is having the comfort of immediate legal advice at your fingertips. If you deal with legal issues frequently, a retainer agreement keeps a close line between you and your attorney if questions arise that require immediate attention.

What happens to a retainer fee? ›

A lawyer receives earned retainer fees for the services they have provided. These funds are transferred into a law firm's operating account only after they've done the work, which explains why they're called “earned” fees.

Does a retainer need to be paid back? ›

In a definitive sense, a retainer is a fee that is paid in advance in order to hold services (ie. a wedding or event date). While a deposit may also reserve a date, it is returned when the services have been completed. A retainer is by default non-refundable and is not returned.

Is a retainer a fixed fee? ›

General retainer: Paid to an attorney to secure their availability or for a certain amount of time. Security retainers: Deposit or lump sum fee paid in advance into a trust account. Funds are withdrawn from the account every time work is completed. Special retainers: Flat fee for a specific case or project.

How long is a retainer contract? ›

In agency-speak, a retainer agreement is an ongoing month-to-month agreement between a service provider and their client. Think of a retainer contract as a work-for-hire agreement where you complete either a set amount of work for the client on a monthly basis or commit a set number of hours to their work.

Is a retainer fee an upfront fee? ›

A retainer fee is the upfront cost of a service before the service has been performed. In other words, it's a form of advance payment often required by a consultant, lawyer or freelance professional. For example, a lawyer charges their client a retainer fee prior to the client using their services.

What are the benefits of a retainer fee? ›

For freelance professionals or contractors, it's clear to see the benefits of retainer agreements. It improves cash flow by guaranteeing a regular, reliable stream of recurring income. It gives freelancers a clear view of their workload for the upcoming month, making it easier to schedule additional projects.

What are the disadvantages of a retainer fee? ›

Some of the drawbacks of a retainer model are: You might end up paying more than you need, as you might not use all the hours or services that you have paid for each month. You might have to commit to a long-term contract, which can limit your options and flexibility if your business needs change.

How to negotiate retainer fees? ›

How to negotiate a retainer as a service provider
  1. Offer a discount. Some businesses will be happy to pre-pay. ...
  2. Offer a trial period. ...
  3. Focus on value and benefits. ...
  4. Negotiate the terms. ...
  5. Ask for a time-bound retainer. ...
  6. Know your worth. ...
  7. Be flexible.
Aug 19, 2022

Are retainers paid monthly? ›

While retainers are usually paid after the first month's work, they can also be paid upfront as a down payment and a show of good faith. That said, retainers don't always have to be on a monthly level. Based on mutual agreement, clients might pay weekly, quarterly, or annual retainers.

Why use a retainer agreement? ›

The purpose of retainer agreements

Where retainer agreements differ from other work contracts is that they establish long-term relationships and ongoing payment. This allows clients to lock in your services for a specified period of time and ensures a long-term client relationship and stable cash flow for your agency.

Is a retainer the same as a deposit? ›

In a definitive sense, a retainer is a fee that is paid in advance in order to hold services (ie. a wedding or event date). While a deposit may also reserve a date, it is returned when the services have been completed. A retainer is by default non-refundable and is not returned.

Do lawyers refund money? ›

Yes refunds can be given. If the attorney has not done work and where the cost is more than advised, it is appropriate to request a refund.

What is the difference between a retainer and a consultant? ›

A retainer fee is a sum that a client pays to a consultant to secure their services. Clients usually pay these fees upfront before consulting services begin. Although many consultants require full payment before they begin working, a retainer fee can also be a small sum that clients pay to secure service.

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