what is the purpose for retainage fee for an attorney

by Denis Mante 7 min read

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. Retainer fees are almost always required for cases involving a trial or a lawsuit.

Retainer fees are down-payments on an attorney's services. Having a retainer fee in place allows an attorney to feel confident that he or she will be paid for his or her legal services.

Full Answer

What is a retainage fee?

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. Retainer fees are almost always required for cases involving a trial or a lawsuit.

What is a retainer fee for a lawyer?

Jul 20, 2020 · A retaining fee is a single deposit or lump sum fee the client pays in advance and is usually placed in a dedicated trust account. The lawyer performs their work and withdraws against the balance of the trust account in return for the work performed.

What is a retainer in a lawsuit?

Sep 25, 2019 · The purpose of a retainage fee is to give the client a guarantee that the work will be completed on time and as per his needs. Although the successful completion of a project is expected, contractual details have to be put in writing.

What is the meaning of what does retaining a lawyer mean?

Mar 20, 2021 · A retainer fee is a payment made to a professional, often a lawyer, by a client for future services. Retainer fees do not guarantee an outcome or final product.

What is the purpose of a retainer fee?

A retainer fee is an advance payment that's made by a client to a professional, and it is considered a down payment on the future services rendered by that professional. Regardless of occupation, the retainer fee funds the initial expenses of the working relationship.

What is the purpose of a retainer fee for a lawyer?

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.Jun 22, 2018

What does it mean when a lawyer asks for a retainer?

When someone threatens to call “their” lawyer, it likely means that they have a lawyer "on retainer." To have a lawyer on retainer means that you – the client – pay a lawyer a small amount on a regular basis. In return, the lawyer performs specific legal services whenever you need them.Jan 4, 2022

How are retainer fees calculated?

Calculate the Retainer Fee Multiply your hourly rate, with tax included, by the number of hours required to get your retainer fee. Any other expenses should be added to this number, such as supplies or processing and legal fees.

How much does it cost to keep a lawyer on retainer?

There is a wide range of retainer fees, from as low as $500 or as high as $5,000 or more, depending on the type of agreement you have and the work involved. Actually, the fee can be any amount that the attorney requests, and it is typically requested at the beginning of legal representation.

How do you negotiate a retainer fee?

How to Win and Secure a Great Retainer AgreementTarget your Most Important Clients. ... Position Yourself as Invaluable. ... Consider Dropping your Rate. ... Don't Skip the Proposal Part. ... Shoot for a Retainer that's Time-Bound. ... Be Clear About the Work you Do Under the Retainer. ... Add the Details. ... Track Time.Jun 29, 2015

Can a lawyer charge you without telling you?

A lawyer can charge you for a consultation but they should tell you before you book and explain any conditions. For example, they may offer the first 30 minutes free but charge for time above that. A lawyer should speak to you about costs and provide the best possible information so you can make an informed choice.

Is a retainer the same as a deposit?

In a definitive sense, a retainer is a fee that is paid in advance in order to hold services (ie. a wedding or event date). While a deposit may also reserve a date, it is returned when the services have been completed. A retainer is by default non-refundable and is not returned.Jun 6, 2019

What Are The Benefits of retainers?

A client may choose to pay using a retainer fee in order to demonstrate that they are serious about their case and wish to retain the lawyer’s serv...

Are There Other Types of Fees?

While retainer fees are the more traditional way of paying for legal services, another common type of payment is called a contingency fee.This type...

What Are Unearned and Earned Retainer Fees?

"Unearned" retainer fees refers to the money that is placed in the retainer account before the lawyer has earned them. This would be the “allowance...

What Is A Retainer Fee Dispute?

The most common dispute is with “leftover’ funds. This occurs when attorneys fail to return the leftover funds in a timely manner, or the relations...

How long is retainage withheld?

Retainage is typically withheld from a contractor throughout the entire duration of the project, and only paid after substantial completion . Ho...

What is a normal amount of retainage?

Retainage is most commonly withheld at either 5% or 10% of each payment on a project. (See the Ultimate Guide to Retainage to learn more about re...

How is retainage calculated?

Retainage is typically calculated as a percentage of each payment made during a project. If you are working on a $100,000 contract with retainage s...

When can I file a mechanics lien for retainage?

The short answer is: You absolutely have a right to file a mechanics lien if you haven't received your payment, and you can file a claim at any p...

Why is retainage withheld?

Retainage is often withheld throughout a job to protect the owner and/or general contractor against non-compliance, non-performance, and other proj...

How can I collect retainage faster?

Even if the contract stipulates that retainage is withheld until the completion of the project, you may be able to negotiate an early release of t...

What's the difference between retainage and retention?

Retainage and retention generally both mean the same thing, though "retainage" often refers to the amount of money withheld, and "retention" refers...

Does retainage change according to the project type?

Retainage amounts and legal limits vary between private, state, and federal projects. The amount of the contract price that can be withheld and the...

What is retainer fee?

The retainer fee is the amount charged to the client. The agreement must show the basis of the fee in detail. When appropriate, specific examples can be written down. For example, this includes flat fees for certain cases or projects.

What are the terms of a retainer agreement?

Other terms of a retainer agreement may include: 1 Means for fee arbitration, in case of a dispute 2 Expectations for client cooperation and communication 3 Right for the attorney to withdraw 4 Right for the client to terminate 5 Whether any associates, paralegals or contract lawyers will be needed and their expenses 6 No guarantee of the result 7 Privacy policy of the lawyer and law firm, including action over property and files of the client after the case 8 Conflict checks

How are retainers established?

Retainers are established by entering into a retainer agreement — a formal document that details the obligations, terms and expectations of the attorney-client relationship, and may specify retainer fees, contact rules or methods, or basic expectations. Retainer agreements often vary in length and content depending on the terms of the retainer. However, there are essential parts of a retainer agreement which you can typically expect, regardless of jurisdiction or type of case.

What is a general retainer?

A general retainer contracts the attorney for a specific period instead of a specific project. During this time, the client can expect the lawyer to be available for discussion or questions about legal matters, or sometimes to guarantee priority attention. A retaining fee is a single deposit or lump sum fee the client pays in advance ...

What is retainage fee?

Retainage fee is an amount withheld from a contractor by the client or project owner. It is usually negotiated and agreed upon before the start of a project. The purpose of a retainage fee is to give the client a guarantee that the work will be completed on time and as per his needs. Although the successful completion of a project is expected, ...

When did retainage fees start?

Retainage fees started in the UK during the construction of the UK railway system in the 1840s. The project was obviously a big one and the amount of work was more than the workers could complete.

What is trust account?

A trust account can be implemented in various ways. Whichever way is agreed upon, these remain to be one of the contractors’ most relished options available. When a contract agreement includes the clause that the retainage fee will be held in a trust account, the contractor is most happy.

Can you forget about retainage fees?

If you have several projects you are working on, you can easily forget about the retainage fee. You can work to meet the needs of the other clients and lose memory of the pending payment.

What is performance bond?

Performance Bonds. A performance bond is a promise given to a client to insure him against the risks of a contractor failing to successfully complete a project. The bond provides compensation which is similar in amount to the retainage fee. Performance bonds are usually given as a guarantee that a contractor will finish the job.

What is it called when money leaves a company?

In accounting terms, money either leaves the company or comes into the company. When money leaves the company, it is termed “ payable ”. This will be the case for the party making the payment.

Is retainage a receivable?

Retainage Fee Receivables. As the contractor, you also have to record the details of the retainage fee in your books. Because you are to receive payment, this will be recorded as a “ receivable ”. Although the payment is a liability to the client, to you it is an asset .

What is retainer fee?

A retainer fee is a payment made to a professional, often a lawyer, by a client for future services. Retainer fees do not guarantee an outcome or final product. Portions of retainer fees can be refunded if services end up costing less than originally planned.

What is an unearned retainer fee?

An unearned retainer fee refers to the initial payment of money that is held in a retainer account prior to any services being provided. Retainer fees are earned once services have been fully rendered.

Who is Peggy James?

Peggy James is a CPA with 8 years of experience in corporate accounting and finance who currently works at a private university.

Why is retainage important?

It's important to pay close attention to the requirements and rules. Small mistakes can put your company at risk for withholding money improperly, or for losing out on being able to ever get your withheld funds! These frequently asked questions address common issues that you'll encounter when trying to stay ahead with the game.

What is retained money?

Retainage, also called “retention,” is an amount of money “held back” from a contractor or subcontractor during the term of a construction project.

Is retainage required in construction?

As mentioned above, withholding money from contractors is standard in the construction industry, and in fact, is occasionally mandated. This is a common practice even when not specifically mandated, however, and is built into nearly every standard contract and pay application.#N#When a party is able to choose whether or not to use retainage as a protective mechanism, the factors can depend on, among other things, the reputation of the contracting party, the relationships between the parties, their respective leverage, and the existence and amount being withheld by parties higher up the payment chain.

What is retainage percentage?

Retainage may be fixed or variable, depending on the terms of the contract. With a fixed percentage, typically in the 5% to 10% range, the same percentage of the total amount due is held back from each payment. With variable retainage, the percentage can change based on the stage of project completion. For example, a 10% retainage could drop to 5% after a project is considered halfway done.

What is the difference between retainage and retention?

In construction, retainage may refer to the amount being held back, and retention could indicate the act of withholding the money.

Why is retainage important?

It provides financial incentive for a contractor to finish the job and do it well. Many consider it the most effective insurance policy an owner has over contractors, and contractors over subcontractors and suppliers. Retainage may be most important in the last stages of a project.

How long does retainage last?

For example, in California, retainage on private projects must be released within 45 days of “date of completion.”. The contractor then has 10 days to pay retainage to subcontractors.

When did retainage begin?

Retainage began in the United Kingdom in the 1840s during the boom in railroad construction often referred to as “railway mania.” As the speculation bubble of railroad investment grew across the U.K., so too did construction and the creation of new companies, each competing in a largely new and unregulated industrial sector. This elevated the demand for contractors in the mid-19th century labor market. Many of the people who filled the void lacked necessary experience, qualifications and skill sets to complete their jobs properly. Such subpar craftsmanship forced railroad companies to begin withholding as much as 20% of the payments due contractors to ensure work was done properly and effectively.

What is retainage in construction?

Retainage, also referred to as a “hold back,” helps the owner ensure a contractor sufficiently completes the project, and that the work meets with their approval and terms of the contract. It also provides a financial incentive for the contractor to see the project through to its successful finish.

What happens when a contractor starts a project with retainage attached?

When a contractor begins a project with retainage attached, they know they’re not collecting 100% of the contracted amount right away. That makes an impact on how companies manage their finances and working relationships.