How long does a lawyer keep a retainer?

Asked by: Oscar Bergstrom  |  Last update: September 29, 2025
Score: 5/5 (61 votes)

But how long is a lawyer retainer good for? Generally, a lawyer retainer is good for the duration of the legal matter for which it was paid. For example, if a client pays a retainer to handle a personal injury case, the retainer will typically cover the lawyer's fees and expenses until the case is resolved.

Do you get unused lawyer retainer back?

Can Retainer Fees Be Refunded? Lawyers are ethically bound to return any unused portion of a client's retainer fees.

What does a lawyer do with a retainer?

A retaining fee or advance payment is like a down payment when you first hire an attorney for your case. The attorney places this amount of money into the client's trust fund and withdraws money from that amount until it is gone. Then, they bill the client at their regular hourly rate.

How much to keep a lawyer on retainer?

Retainer fees for attorneys work as an advance fee. Lawyers hold the fee in a dedicated account and deduct it after they complete the work. Clients can either make an online payment for the fee or they can opt for a traditional payment method. The average lawyer retainer fee can be around $2,000.

Can a retainer be terminated?

The client has the right to terminate the retainer at any time - the lawyer does not. Pursuant to rule 2.09 “Withdrawal from Representation”, Rules of Professional Conduct, you cannot withdraw your services except for good cause and upon appropriate notice to the client.

How Does A Lawyer Retainer Work

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Can I get my retainer removed?

A permanent retainer is a device that keeps the teeth in the same place after a person has braces. The retainers remain in the mouth long-term and only an orthodontist can remove them. With regular retainers, people can wear and remove them whenever they choose.

Why do people keep lawyers on retainer?

Using a retainer helps establish trust between the attorney and client—while protecting both. The client trusts the attorney to safely hold their funds until rightfully earned, and the attorney trusts the client to uphold their financial obligations when they've exhausted the initial retainer fee.

How do you know if a lawyer will take your case?

Factors Lawyers Consider Before Taking a Case

Legal Merit: A lawyer will first assess the legal merit of your case. This involves evaluating the evidence and determining if the law supports your claims in the lawsuit. A case with strong legal foundations stands a better chance of being accepted.

Can you negotiate lawyer fees after settlement?

If you're concerned about how much your lawyer will take from your settlement, you might be able to negotiate the percentage. However, it's important to understand that not all lawyers are willing to negotiate their fees.

Why are lawyer retainers so expensive?

Additionally, a retainer may vary depending on the hourly rate of the attorney. An attorney with more experience and expertise, and thus a higher hourly rate, may require a higher initial retainer to begin working on a case, with the reason being that a higher hourly rate will eat away at a retainer faster.

Will a lawyer take a losing case?

If they can't sufficiently prove your case, a personal lawyer may refuse to take it. Remember, lawyers, do not like to take cases they don't think they can win. A lot of hours go into preparing a lawsuit involving more people than just the attorneys.

Do you have to pay a lawyer upfront?

In some instances, a lawyer may ask you to pay a certain amount before they begin to work on your case. The attorney then bills his expenses and time against the retainer fee as your case progresses.

Do legal retainers expire?

But how long is a lawyer retainer good for? Generally, a lawyer retainer is good for the duration of the legal matter for which it was paid. For example, if a client pays a retainer to handle a personal injury case, the retainer will typically cover the lawyer's fees and expenses until the case is resolved.

Can a lawyer charge you for emails?

Many lawyers charge for their time every six minutes, and will round up. They may also charge you for time their staff spends on your case. You will be billed for small tasks like writing emails and answering your phone calls.

How do you negotiate an attorney retainer?

Offer to pay a retainer upfront or provide a lump-sum payment to secure a lower overall fee. Suggest a fee structure based on a sliding scale or installment plan to spread out the payments. Ask about unbundled legal services, where you only pay for specific tasks or consultations.

How do you know you have a bad lawyer?

Any behavior that compromises professionalism, such as rudeness, tardiness, or lack of respect for client confidentiality, should raise concerns about the lawyer's competence. Additionally, ethical misconduct or disciplinary actions by regulatory authorities may indicate a lack of integrity and competence.

Why do lawyers drag out cases?

It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.

Which lawyer wins most cases?

Settings. Gerry Spence is widely considered one of the most successful trial and criminal attorneys in America. He has never once lost a criminal case — either as a prosecutor or a defense attorney — and he hasn't lost a civil case since 1969.

What is a normal retainer fee for a lawyer?

Lawyers typically charge retainer fees ranging from $1,000 to $5,000, depending on their experience, location, and case complexity. For more complex cases, retainers can exceed $10,000. The specifics are outlined in a retainer agreement, which may be refundable or non-refundable.

Can I get my retainer back from a lawyer?

Do you ever get your retainer fee back? Yes, you should receive a refund of any and all of the unearned retainer after your attorney invoices all work that was performed on your case. If the work performed exceeds the amount of money that you had in trust, you may have a balance due to your attorney.

What is the monthly retainer fee?

A monthly retainer is an agreement for long-term projects between a contractor and a client. It provides the contractor with stable monthly payments and the client with a stable workforce during the course of the project. The retainer can be paid upfront or after the first month of work.

How long to keep a permanent retainer?

Although there's no specific time period for wearing a permanent retainer, it isn't entirely “permanent.” Some patients have been known to wear the device for up to 20 years, while others only have theirs for a few.

How much does a retainer cost?

In general, a removable wire retainer may cost approximately anywhere between $150 and $600 in the U.S. Clear plastic removable retainers tend to ring up around $400 to $800.

How long do retainers last?

The lifespan of each depends on how well you take care of your mouth and the retainer. Both types of retainers can potentially last for years if you routinely clean and avoid damaging them. On average, removable retainers tend to last for about 5-10 years, while permanent retainers can potentially last for decades.