The Retainer and Retainer Agreement

“Ms. Lawyer will require a retainer of X dollars.” is just a fancy way of saying lawyers do not work for free.

A retainer is money a client pays to his or her lawyer. The lawyer will keep that money in a trust account and will only take money out for work that has actually been done or disbursements that have actually been incurred and when a bill has been rendered to the client. Any money that has not been used in providing legal assistance will be paid back to the client. All this is set down in the retainer agreement.

The retainer agreement is a contract for service between the lawyer and client. It includes the conditions under which the lawyer will perform work for the client and the requirements that both lawyer and client must meet. A retainer agreement ensures the lawyer will be paid and the client will receive the best possible legal service.