A retainer fee is an advance payment that a client makes to his or her lawyer before the lawyer performs any legal work for the client. It is similar to an allowance in that the lawyer is able to draw funds for various fees as the case proceeds.
The most common dispute is with “leftover’ funds. This occurs when attorneys fail to return the leftover funds in a timely manner, or the relationship ends on negative terms and the client and attorney disagree on what should be paid on the final bill.
Retainer fees help to establish a harmonious attorney-client relationship. It indicates that the client can trust the lawyer with their funds and that the two are willing to work together.
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Retainers are beneficial for both the attorney and the client because it allows the client to manage how much they spend, as well as, ensures that the law firm is paid for the work they do. Traditionally, when the retainer account gets low or has been fully used, the client either refills the account or can chose to end the services.
The lawyer is not entitled to touch this money until they have documented “earned” fees that include logged hours, materials, or additional overcost fees. A well written retainer fee agreement will be clear about how unearned and earned monies are defined.
Keep in mind, when you price shop attorneys, you tend to get what you pay for.... Good, quality representation is never cheap. Please don't make a determination to hire an attorney based on price alone. You may end up regretting the choice later down the road...
There is no set answer. Every attorney is entitled to charge the rates she sees fit. You may find that some attorneys charge very low fees and others are very expensive. Contested child custody matters can be very complex, and legal fees can be quite expensive.
There is not a set rate as every attorney has different rates. Where I practice rates are between 250 and 400 an hour. We are an hour and a half from San Francisco. The rates in San Francisco are higher. The economy has played a role in how much retainer is being required lately.
There is no set number. The retainer is a deposit against an hourly rate for future work. It is possible to use a flat fee and limited scope representation. What court are you in by the way!