what does a retainer for a lawyer mean

Key Takeaways:

• A retainer fee is a payment made to a professional, often a lawyer, by a client for future services.
• Retainer fees do not guarantee an outcome or final product.
• Portions of retainer fees can be refunded if services end up costing less than originally planned.

Full Answer

What to expect when you hire an attorney on retainer?

Jan 17, 2022 · A retainer for a lawyer is a payment based on a fee agreement between an attorney and a client. The retainer amount is paid upfront and is based on the attorney’s hourly rate or other agreed upon fee. It is important to note that the retainer is the payment made to an attorney or law firm, while the legal retainer agreement is the written fee agreement, the …

Is it worth having a lawyer on retainer?

A retainer is a fee paid to a person (usually a lawyer) before any services have been performed. Most lawyers require a retainer agreement, which is also known as a “work for hire” contract. This document typically includes the type of work the attorney is doing for the client, all associated fees, and the general rights of both parties entering into the agreement.

How much should the Attorney ask as retainer?

Jul 20, 2020 · By “retaining” a lawyer, you are establishing an attorney-client relationship with that lawyer. There are several methods for retaining a lawyer, but typically it will require an up-front payment or fee. That fee is commonly referred to as a “retainer,” and is given to the lawyer in return for legal representation.

What does it mean to have a lawyer on retainer?

Sep 16, 2021 · In essence, having a lawyer on retainer (also called an attorney on retainer) means having an established lawyer-client relationship with a lawyer. Essentially, in exchange for upfront fees, you are “holding” your lawyer. Then, in the event that you require legal assistance or representation, you will be able to call on that lawyer for their legal help. Understanding …

What does an attorney retainer fee cover?

If the lawyer charges a total of $100 an hour, the retainer covers all services up to the five-hour limit. The lawyer then bills the client for the cost of any additional hours they invest on behalf of the client.

What does it mean when a lawyer is on retainer?

When someone threatens to call “their” lawyer, it likely means that they have a lawyer "on retainer." To have a lawyer on retainer means that you – the client – pay a lawyer a small amount on a regular basis. In return, the lawyer performs specific legal services whenever you need them.Jan 4, 2022

How does a retainer work?

Being on retainer means that you're “on-call” for a specified number of hours each week or month. The client agrees to pay you for these hours, whether he gives you work or not. Usually, service providers offer clients a reduced hourly rate for the security offered by being on retainer.Apr 15, 2002

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.Jun 6, 2019

What Are The Benefits of retainers?

A client may choose to pay using a retainer fee in order to demonstrate that they are serious about their case and wish to retain the lawyer’s serv...

Are There Other Types of Fees?

While retainer fees are the more traditional way of paying for legal services, another common type of payment is called a contingency fee.This type...

What Are Unearned and Earned Retainer Fees?

"Unearned" retainer fees refers to the money that is placed in the retainer account before the lawyer has earned them. This would be the “allowance...

What Is A Retainer Fee Dispute?

The most common dispute is with “leftover’ funds. This occurs when attorneys fail to return the leftover funds in a timely manner, or the relations...

What is a general retainer?

A general retainer contracts the attorney for a specific period instead of a specific project. During this time, the client can expect the lawyer to be available for discussion or questions about legal matters, or sometimes to guarantee priority attention. A retaining fee is a single deposit or lump sum fee the client pays in advance ...

What are the terms of a retainer agreement?

Other terms of a retainer agreement may include: 1 Means for fee arbitration, in case of a dispute 2 Expectations for client cooperation and communication 3 Right for the attorney to withdraw 4 Right for the client to terminate 5 Whether any associates, paralegals or contract lawyers will be needed and their expenses 6 No guarantee of the result 7 Privacy policy of the lawyer and law firm, including action over property and files of the client after the case 8 Conflict checks

What is retainer fee?

The retainer fee is the amount charged to the client. The agreement must show the basis of the fee in detail. When appropriate, specific examples can be written down. For example, this includes flat fees for certain cases or projects.

How are retainers established?

Retainers are established by entering into a retainer agreement — a formal document that details the obligations, terms and expectations of the attorney-client relationship, and may specify retainer fees, contact rules or methods, or basic expectations. Retainer agreements often vary in length and content depending on the terms of the retainer. However, there are essential parts of a retainer agreement which you can typically expect, regardless of jurisdiction or type of case.

Why do lawyers use retainers?

In return, the lawyer performs some legal services whenever the client needs them. Retainers are most useful for business that need constant legal work, but do not have enough money to hire a lawyer full time. Also, individuals who are likely to need a lot of legal work might want to have a lawyer on retainer.

What is a retainer agreement?

When a lawyer is "retained," that means that someone has hired her, and the money paid to the attorney is known as the retainer. The agreement signed when someone hires an attorney is called the retainer agreement.

What does it mean to have an attorney on retainer?

Having an attorney on retainer means that you’re paying an attorney a specific advanced legal fee in order to retain (obtain) attorneys legal help in the event of legal troubles. Once an attorney is retained and a retainer fee is paid, the attorney is on standby to assist you with the legal issues for which you’ve retained the attorney.

What is retainer fee?

A retainer fee is one of the most common attorney fee schedules. A retainer is an amount of money that’s paid to a lawyer in advance to retain (hire) him/her to represent you in a legal matter. When setting a retainer fee, an attorney anticipates the amount of legal work that must be done and asks the client to either pay it in full ...

What is attorney-client relationship?

Also, as soon as a retainer agreement is executed, an attorney-client relationship is usually formed, allowing the client to leverage the attorney’s name or the name of his law firm as the name of the entity representing him in the legal matter. Having the name of a well-known attorney gives the client leverage when negotiating, for example, ...

Is a retainer fee refundable?

Retainer fees are usually nonrefundable. To find out whether the retainer fee you paid to an attorney is refundable, you should consult your retainer fee agreement. Most contracts set out the terms as to whether the retainer fee is refundable.

Is a retainer a deposit?

A retainer fee is not a deposit. A deposit typically refers to a sum of money that’s used to hold services, and it’s usually returned to the payer. However, a retainer is typically used to refer to a sum of money that’s given to an attorney as an advanced payment for legal representation in the future. Once the attorney incurs costs and earns the ...

Do you need to read a retainer agreement before signing it?

Often, when a client signs a retainer fee agreement, he is signing a one-sided document that contains many terms that are in there to protect the attorney and his law firm. As such, you need to read the retainer fee agreement before signing it. We will now go through some of the things to look out for in a retainer fee agreement.

What Is a Retainer Fee for a Lawyer and How Does It Work?

A retainer fee is the upfront payment made to a lawyer in exchange for legal representation. The amount is usually paid in advance for services to be rendered.

What Does a Lawyer Retainer Fee Cover?

Right off the bat, it’s important to keep in mind that a retainer is not supposed to cover the entire cost of a legal issue. Think of it as an advance payment for a specific number of hours of the lawyer’s services and the costs associated with starting your case. There are generally three types of retainers:

Final Thoughts – Can You Get a Retainer Back From a Lawyer?

The language of the retainer agreement would ideally control what portion of the retainer you can get back from a lawyer. Remember, retainers are earned upon receipt. As the lawyer continues to work on your case/project, they withdraw against the balance in the trust account.