Is a retainer a fee or deposit?
Asked by: Lelia Jakubowski | Last update: January 24, 2026Score: 4.4/5 (25 votes)
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.
Is a retainer fee a deposit?
This term “deposit” is rooted in landlord-tenant law, but has since become commonplace in everyday American life to mean a pre-payment for something. A “retainer,” on the other hand, is defined as a fee paid in advance to hold a service and is typically non-refundable.
Is a retainer the full fee?
Understanding Retainer Fees
This ensures that money is not used for personal purposes before fully performing services. Retainer fees do not reflect the final cost of a service. If the cost of a case is greater than your retainer, you may end up owing a balance.
Is a retainer fee paid upfront?
A retainer fee is an agreed-upon sum paid upfront to secure the services of a professional, typically a consultant, freelancer, lawyer, or advisor. This fee acts as a financial engagement between a client and a service provider, where the client pays in advance to retain the future services of the provider.
Is a retainer fee refundable?
However, sometimes business concludes before earning all the retainer monies; maybe by settlement; maybe the client changed their mind; or maybe the attorney gets fired. California Rules of Professional Conduct, Rule 3-700(D)(2) says that attorneys can't keep money that they haven't earned at the end of employment.
Retainer Fee vs. Deposit - Photography Contract 101 [2024]
What are the disadvantages of a retainer fee?
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.
Does a retainer need to be paid back?
If either you or your attorney terminate the relationship before the retainer is exhausted, and if allowed by the agreement and applicable laws, the remaining portion of the retainer may be refundable. Ensure the termination terms in your agreement are clear and consult a legal professional if needed.
How much is a typical retainer fee?
A lawyer retainer fee varies widely based on factors such as the lawyer's experience, location, and the complexity of the case. On average, retainer fees can range from $1,000 to $5,000. For instance, in family law, retainers typically fall between $2,000 and $5,000.
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.
Should retainers be paid in advance?
Advance payment retainers are paid upfront, or before a service is completed. Retainer fees are not paid for any specific outcome. Instead, they pay for a service. Retainer fees involve regular, recurring payments.
Why do lawyers want a retainer fee?
About retainer fees
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.
Is a retainer a fixed fee?
Security retainers: Deposit or lump sum fee paid in advance into a trust account. Funds are withdrawn from the account every time work is completed. Special retainers: Flat fee for a specific case or project. These function as complete, up-front payment in anticipation of legal services to be completed in the future.
How long does a retainer fee last?
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 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.
Why do photographers ask for a deposit?
Meeting Costs. … can add up early and quickly. A deposit or advance payment helps the photographer cover these costs and ensure they've got what they need to provide you the best service.
What is a nonrefundable deposit called?
A deposit is 'non-refundable' if it's reasonable at the time the contract was signed. In California law this concept is called 'liquidated damages'. Parties to a written contract can agree in writing what is going to be the 'penalty' for a party to break the agreement.
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.
What if I don't like my teeth after braces?
If you hate your teeth after Invisalign or braces, the first step is to schedule a follow-up appointment with your orthodontist. There are often solutions such as further aligner treatment, cosmetic dental procedures, or adjustments to your retainer to help you achieve the desired outcome.
How does a retainer work?
Lawyer retainers are fees paid upfront by the client to secure the services of an attorney. They reserve the time and expertise of a lawyer, making them accessible to the client for an agreed-upon time. They also provide peace of mind that the client has dedicated legal representation when they need it.
Do I get my retainer fee back?
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.
Do you have to pay a retainer fee upfront?
A retainer fee is the upfront cost of a service before the service has been performed. In other words, it's a form of advance payment often required by a consultant, lawyer or freelance professional. For example, a lawyer charges their client a retainer fee prior to the client using their services.
What is a reasonable attorney fee?
COURT AWARDED ATTORNEY'S FEES - WHAT IS 'REASONABLE'?
THE DISCRETION OF THE COURTS IN DETERMINING THE PROPER AMOUNT OF A FEE AWARD IS FOUND NOT TO BE UNLIMITED IN EITHER CONTEXT. IN BOTH CONTEXTS, A REASONABLE FEE IS ONE THAT AWARDS THE ATTORNEY THE MARKET VALUE OF THE TIME AND EFFORT JUSTIFIABLY EXPENDED.
Is a retainer like 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.
What is a typical attorney retainer fee?
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.
What is an example of a retainer fee?
Example of a Retainer Agreement
For example, the attorney may project that he will spend 10 hours, at an hourly rate of $100, amounting to a $1,000 retainer fee. If in the first month, the lawyer spends four hours on the case, he will charge $400 against the $1,000 retainer fee, leaving a balance of $600.