RETAINER
Back to GlossaryDefinition
An upfront deposit of funds that attorneys charge their hourly fees to on a monthly or quarterly basis.
Summary
A retainer is like a prepaid account for legal services. Think of it as putting money into a lawyer's 'account' upfront, and then the lawyer deducts their hourly fees from this balance as they work on your case. It's similar to having a prepaid phone plan - you pay money in advance, and usage is deducted from that balance. This arrangement helps ensure the lawyer gets paid and gives the client predictable billing cycles, typically monthly or quarterly.
Usage Context
Understanding retainers is crucial when discussing legal billing structures, attorney-client relationships, professional responsibility, and the business aspects of legal practice. This concept is important for both future lawyers and clients who need to understand how legal services are typically paid for.
Common Confusions
- Thinking a retainer is the total cost rather than a deposit
- Confusing retainers with contingency fees where lawyers only get paid if they win
- Not understanding that unused retainer funds should be returned to the client
- Assuming all lawyers require retainers for all types of cases