How long is a retainer contract?

Asked by: Viva Spencer MD  |  Last update: July 4, 2025
Score: 4.7/5 (7 votes)

A retainer agreement is simply a contract, usually over a period of several months or a year, that guarantees a freelancer will get paid a certain rate for a pre-set number of hours or projects per month.

What is a typical retainer contract?

A common retainer arrangement is when a client pays up front for work that will be done in the future. This is a type of work-for-hire arrangement. A pay-for-work agreement could be used by a marketing consultant offering services that a client can pay for either on a monthly basis or up front.

Can you back out of a retainer agreement?

You may have signed a retainer agreement or a contract with an attorney, believing that he or she was the best choice, only to have communication break down or decide that you are simply not happy with your representation. Fortunately, California law permits you to terminate your contract for legal representation.

Is a retainer legally binding?

A retainer agreement is a legal contract between a client and a professional (perhaps a law firm or other service provider). Let's take a lawyer, for example. The client pays a retainer fee in advance to secure the professional's legal services for a set number of hours rather than paying an hourly rate.

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.

Everything You Need to Know About Retainer Agreements

27 related questions found

What are the rules for retainers?

DO NOT wear the retainers while participating in sports or swimming. NEVER eat anything while wearing your retainers. It's OK to drink water while wearing the retainers, but remove them if you drink other beverages. If you forget to wear your retainer, wear the retainer full-time for few days to re-align your teeth.

How do I terminate my retainer agreement?

The steps often are:
  1. Review the Retainer Agreement. ...
  2. Hire a New Attorney. ...
  3. Send a Termination Letter to Fire an Attorney. ...
  4. Finalize the Arrangement Regarding the Transfer of Files. ...
  5. Inform the Court.

How do you tell a lawyer you no longer need their services?

Always terminate the relationship in writing.

Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. Be sure to send the letter by “certified mail with return receipt requested” so there's proof your lawyer received the letter.

Can a retainer agreement be broken?

A retainer agreement can be subject to a breach of contract like any agreement. Some common attorney retainer agreement conflicts may include: Disputes over the amount of legal fees to be paid. Disputes over the type of bank account to be used.

How long are retainer contracts?

A retainer agreement is simply a contract, usually over a period of several months or a year, that guarantees a freelancer will get paid a certain rate for a pre-set number of hours or projects per month.

Why do lawyers want a retainer?

A retainer fee can be used to guarantee that the lawyer will be available to take a particular case. With this type of agreement, the client would be billed additionally for the legal work that is done.

What are the disadvantages of a retainer agreement?

Relationship and Trust

In conclusion, the legal retainer model offers numerous advantages, including predictable costs, accessibility, relationship building, and proactive legal support. However, it also presents challenges such as cost considerations, limited scope, unused hours, and dependency on a single provider.

How do retainer contracts work?

A retainer agreement is an ongoing payment agreement between an agency and its client. Under the retainer model, the client agrees to pay a recurring fee (known as a retainer fee) for professional services during the agreed period (the retainer period).

How to get out of paying your lawyer?

If you don't have the funds to pay, your attorney will likely recommend bankruptcy. Attorneys' fees are generally dischargeable, meaning you can wipe them out. If your income is low, you will probably qualify for a quick Chapter 7 bankruptcy.

What is a retainer period?

Retainers are structured agreements in which the client agrees to pay a specific amount of money to a business or freelancer — usually monthly — and, in return, receives a set of services during that same time period. These are typically advance payments.

What not to tell a lawyer?

Eight Things You Shouldn't Say to Your Lawyer
  • Do Not Say Anything to Your Attorney That Is Not True. ...
  • Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
  • Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.

Can I fire my lawyer and get a new one?

A: In California, you have the right to change attorneys at any stage of your case, even if you have signed a contingency fee agreement.

Can my lawyer drop me without telling me?

If a lawyer and client cannot work together effectively, it can be difficult to achieve a positive outcome. In this case, the lawyer must notify the client of their intention to withdraw and provide reasonable notice to allow the client to find a new lawyer.

How long does a lawyer hold a retainer?

General retainers are fees for a specific period of time, not a specific project. Generally, this period is six to 12 months, though it can vary. You are basically paying the attorney to be available for discussions and questions about legal matters during this time.

Can you fire a lawyer on retainer?

You as a client have an absolute right to fire, or “discharge,” your lawyer at any time. By signing a retainer, that does not mean that a client is joined at the hip with his or her lawyer until the bitter end. This holds true no matter what type of case, or what type of retainer the client has signed.

Is a retainer a binding contract?

While the “retainer agreement” is a binding document outlining the responsibilities and commitments of the client and the attorney, the “retainer fee” is a lump sum that the client agrees to pay to the attorney for the services agreed upon in the retainer agreement.

What are the rights of retainer?

Right of Retainer: When someone is in charge of taking care of money or property for someone else, they have the power to keep some of that money or property if the person they are taking care of owes them money. This is called the right of retainer.

How long does a retainer 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.

What is a retainer fee?

A retainer fee is an upfront fee paid by a client for the professional services of an advisor, consultant, lawyer, freelancer, etc. The fee is commonly associated with attorneys who are hired to provide legal services.