What Is A Legal Retainer Agreement?

by | Last updated on January 24, 2024

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A retainer agreement is

a work-for-hire contract

. It falls between a one-off contract and permanent employment, which may be full-time or part-time. Its distinguishing feature is that the client or customer pays in advance for professional work to be specified later.

What should be included in a retainer agreement?

  • Scope and nature of the work. What is the attorney expected to do for the client? …
  • Retainer fee. The retainer fee is the amount charged to the client. …
  • Client expenses. The client typically pays for some expenses, especially filing-related expenses and travel costs.

What is a retainer agreement in law?

A retainer agreement is

a contract between you and your lawyer that sets out your relationship

. It is a written agreement that includes terms such as: the scope of your lawyer’s authority to act on your behalf.

How does a retainer fee work?

A retainer fee is an advance payment that’s made by a client 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 does a legal retainer do?

A retainer is

the client’s way of guaranteeing to the lawyer that the client is financially able to employ the lawyer’s services and is committed to funding the matter

. The retainer still belongs to the client until it is earned by the attorney or used for legitimate expenses, and must be returned if unused.

What is a typical retainer fee?

Some lawyers charge retainer fees of $1000, while others charge $5000+. Depending on the lawyer and the complexity of your case, you can usually expect to pay a retainer fee of

between $3000 and $5000

.

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.

Can you get a retainer back from a lawyer?

If you paid a retainer and there is money left from the retainer, then

you are entitled to get the money back from the attorney

. The attorney is allowed to take money from the retainer for the time he worked on your case.

What is a 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 do you negotiate a retainer fee?

  1. Target your Most Important Clients. …
  2. Position Yourself as Invaluable. …
  3. Consider Dropping your Rate. …
  4. Don’t Skip the Proposal Part. …
  5. Shoot for a Retainer that’s Time-Bound. …
  6. Be Clear About the Work you Do Under the Retainer.

How long do you have to wear a retainer?

A set of retainers will hold your teeth in place while your tissue catches up. This is why it’s important to wear your retainers full-time for

the first 3-6 months

. The bad news is your teeth are always moving. This process is called a mesial drift, meaning your pearly whites are always on the move.

What is the average fee for an attorney?

Attorney Fees Hourly Rates National Average Cost

$225

Minimum

Cost $100
Maximum Cost $1,000 Average Range $100 to $300

Is a true retainer fee refundable?

A true retainer is earned upon receipt (and is therefore

non-refundable

) because it takes the attorney out of the marketplace and precludes him or her from undertaking other legal work (e.g., work that may be in conflict with that client).

Can you make payments on a retainer fee?


An attorney may accept a credit card

as a form of payment for a retainer, but the entire fee must be put onto the account. Using a credit card may be a good option if the interest on the card is low. A credit card may be easier to pay back than a personal loan.

What is a non refundable retainer fee?

That opinion stated that “a retainer is that

non- refundable fee paid by a client to secure an attorney’s availability over a given period of time

and is not required to be retained in the attorney’s trust account since it is considered to be earned by the lawyer at the time of payment.

How much is a lawyer per hour?

An average lawyer rate per hour is

between $100 and $300

but may increase to $400 depending on the experience level and type of case.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.