How Attorney Retainers Work

Attorneys vary considerably in how they assess a case’s costs; each has their own system for establishing how much will be due for it. Some attorneys require an up-front retainer payment before billing against it when work is completed; other use subscription models like recurring payments to help their clients manage legal expenses more easily.

Retainers are a form of deposit

Retainer payments cover a lawyer’s availability over an agreed-upon timeframe, and are held in trust account until work has been performed and taken from it as required. Each month the client should receive statements outlining any services performed against their retainer payment.

General retainers cover an attorney for a set period of service; special retainers cover one case or project specifically. Both types of retainers are discouraged by the American Bar Association since the attorney is being paid for hours that have yet to be earned.

Retainers are an effective way for lawyers to build long-term relationships with their clients. Legal payment processing solutions like Clio make it simple and seamless to accept recurring payments and send statements automatically; saving attorneys valuable time tracking payments manually while simultaneously helping to manage billing issues and stay on top of caseload management.

They are a commitment

Retainer fees are non-refundable fees that guarantee an attorney’s availability over an extended period, rather than for specific projects or cases. They may be non-transferable so as to prevent working for competitors or anyone involved in potential conflicts of interests; retainers are suitable for long term projects and relationships such as employment law compliance, tax compliance or litigation matters.

Retainer fees should be paid upfront and placed in an independent trust account separate from an attorney’s operating funds. As they work, lawyers withdraw money from this account in proportion to time billed or tasks completed – retainers should include detailed invoices that track these withdrawals.

Evergreen retainers help increase collection rates by decreasing client dissatisfaction or nonpayment risks. Unfortunately, however, this arrangement can create issues if clients decide they want to stop working voluntarily for any reason; when this occurs it is critical that retainer contracts be thoughtfully structured with clear communication among client parties involved.

They are a payment

Many attorneys use retainers as upfront payments for legal services, which helps them better manage both time and expenses. Unlike a deposit, retainer fees are non-refundable; instead they serve to reserve their availability for future work. Usually a retainer covers both services rendered as well as expenses such as court fees, deposition fees, long distance phone charges and postage.

Retainers can be paid either upfront, in installments over a specified time period such as monthly, or both. Retainers not only provide steady streams of income to lawyers but they also reduce paperwork requirements by helping track time accurately and create error-free invoices using retainer management software such as CaseFox.

Each attorney determines their own retainer amount based on the specifics of their case and situation. When starting up a case, attorneys estimate the length of time it may take before multiplying that estimate by their hourly rate and billing you at their regular hourly rate until their retainer funds have run dry.

They are a guarantee

Some attorneys offer retainer arrangements, under which an attorney promises to be available for any legal questions posed by their client. Although this arrangement may not work for everyone, it can be useful for small-business owners needing an attorney on call 24/7.

Retainer fees are paid upfront to lawyers’ trust accounts. As they bill, amounts owed will be subtracted from this retainer fee and returned back either as part of an agreed upon agreement, or can even be returned back to clients at the conclusion of a case.

Some attorneys require non-refundable retainers that must be stated clearly in their agreement. When this occurs, the attorney cannot take on other cases until their client’s matter has been completed – this protects both parties involved from losing valuable clients due to conflicts of interest and ensures that client interests come before any other considerations.