A retainer fee is a form of pre-payment, like a "savings account" with your lawyer, against which the lawyer will bill when handling your case. This advanced fee ensures that the attorney will provide the specified legal services on behalf of the client. Think of it as a down payment on the services the attorney provides. The funds, which are usually non-refundable in most family law cases, and are then place in the attorney's or law firm's business account where they have access to it to pay any upcoming services that are rendered on behalf of the client. If the fees go above the retainer amount, the client must pay that amount. The retainer fee is just an initial estimate and is often based on the complexity of the case. If there are more complex issues involved, then naturally the higher the retainer amount. Additional fees beyond the retainer are often required when a matter must go to court.
Before accepting to pay a retainer fee, get the fee, terms and conditions in writing. The most widely used forms of advance payment are "the general (or traditional) retainer", "the special (or specific) retainer," the "flat fee retainer," or "the nonrefundable retainer." Before you hire a lawyer for your divorce or family law matter, make sure you have read, reviewed and understood the Retainer Agreement the attorney has given you. You are signing a binding contract between you and your lawyer. You should be clear on what you will be billed for - such as phone calls, emails, letters and other communications. You should ask all questions before you sign the agreement.
You should be sure that you will be receiving monthly statements showing you (the client) how your retainer funds are being used. The billing statement should be clear and easy to understand and show what work was performed and by whom. If you have any questions about your billing statement, you should always contact the attorney immediately, as sometimes mistakes are made.
If you are going through a divorce or family law matter, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.