A retainer fee is money that is paid upfront to secure the services of a criminal defense lawyer or other professional. A retainer fee is always paid before the work begins and may not represent the total final cost of the service.
While this sounds straightforward, retainer fees can get a little more complicated. When you engage the services of a criminal defense attorney, they could choose to charge a retainer fee or bill you for services rendered, or both.
The Difference Between a Lawyer on Retainer and a Retainer Fee
Having an attorney on retainer is slightly different from paying a retainer fee. When you pay a fee to have an attorney on retainer, it means you’re paying in advance to get legal help in the event of future legal trouble.
A retainer fee is often paid after you have hired an attorney for specific criminal charges that have already occurred. Having an attorney on retainer places the lawyer on standby to help you if a legal issue arises. Both types of retainer fees are kept in a separate trust account and are withdrawn only when legal costs are incurred for work performed that was contracted by the client.
Look for These Factors in the Retainer Fee Agreement
When you pay a retainer fee, there are certain factors that you should be aware of. You will likely sign a retainer fee agreement. The agreement will define how the retainer fee is to be spent and what it’s to be used for.
In Texas, a retainer fee is paid to an attorney to compensate them for their commitment to providing services. Retainer fees can potentially be refundable or non-refundable. If the attorney requests a non-refundable retainer, it must meet specific legal requirements.
For example, under the Texas Disciplinary Rules for Professional Conduct, an attorney can only request a non-refundable retainer if they can demonstrate that they declined or deferred other legal matters in order to remain available for the client who paid the non-refundable retainer.
Additionally, a non-refundable retainer cannot be applied toward a legal service, and it must be a reasonable amount charged under the circ*mstances. The Texas Disciplinary Rules for Professional Conduct define a reasonable amount under the circ*mstances using a variety of factors.
The amount charged must be similar to those charged in the local area for similar legal services, and it must reasonably cover the experience, reputation, and ability of the attorney performing the service.
It is important to check the retainer fee agreement to determine whether your attorney is charging a non-refundable or refundable retainer fee. A refundable fee is collected and placed into a trust account. Your criminal defense attorney draws on this retainer fee to cover their legal costs.
Essentially, a refundable retainer fee pays the attorney fees upfront. Once the retainer fee has been exhausted, the attorney may then bill for services by the hour. Some retainer agreements include variable charges. This means the attorney may charge a higher amount of money for specific services.
You can request to have that clause taken out so the fees you pay remain constant. Retainer fees may also include a clause that allows the attorney to bill for services that are performed by others in the firm, such as paralegals, secretaries, or other attorneys.
It’s best to negotiate rates for other legal professionals that are different from the fee you pay for your criminal defense attorney. Your retainer fee agreement will also likely include a clause that defines how disputes will be handled between you and your Dallas criminal defense attorney. You can ask for a non-binding arbitration clause. This ensures that arbitration is first used to handle the dispute but that arbitration is not binding, and you reserve the right to a jury trial.
Contact Us Today for Legal Representation in Your Criminal Case
If you know you’re under investigation or you have been arrested, contact the Law Offices of Mark T. Lassiter today. Our experienced and skilled trial lawyers will fight hard to protect your rights and your freedom. Even if you plan to plead guilty, we can potentially help reduce the consequences of a conviction.
In nearly every circ*mstance, when you know that law enforcement is investigating you for criminal charges, it is crucial to hire an attorney as early as possible. Any missteps by law enforcement or the prosecution can have a favorable result on your case, but only when they are recognized by experienced legal representation. Call our office today at (214) 845-7007 to schedule your initial confidential consultation.
FAQs
How Much Should a Retainer Fee Be? It depends on the industry of the professional you're retaining the services of and their compensation expectations. Generally, it should be close to the professional's hourly rate multiplied by the hours they expect to work.
What is the retainers 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.
What is a retainer fee Quizlet? ›
Retainer Fee. A cash payment of a sum of money to a lawyer before work begins on a client's case. Attorney's Lien. A claim by the lawyer on any judgement or recovery obtained by the client and can usually be imposed to ensure payment of the lawyer's fee.
How much should I ask for as a retainer? ›
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 should a retainer be? ›
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.
Can I negotiate a retainer fee? ›
Be prepared to negotiate the terms of the retainer agreement. If the client is resistant to agreeing to a retainer, try offering a lower fee in exchange for a longer contract term. Or, propose a trial period to start off the relationship.
Why do lawyers want a retainer fee? ›
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 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.
How do you structure a retainer fee? ›
To summarize what is a retainer agreement, it can be structured in several different ways:
- Client pays a set amount each month to access a certain amount of time. ...
- Client pays a set amount each month for a specific set of deliverables. ...
- Client pays simply to have access to the freelancer.
Cons of a retainer pricing model
What usually happens in a bad retainer setup is that the client pumps more work through resources for the same retainer fee and it can stifle the processes, create scheduling conflicts, and cut into your margin.
A retainer is typically a non-refundable payment made as part of a session's booking confirmation (in addition to a signed contract, stating the terms of your agreement.) Your photographer asks for this in exchange for them reserving their services for your specific date—meaning they're 100% yours!
What is an example of a retainer fee? ›
Examples of retainer fees
If this lawyer charges you $100 per hour, the retainer fee covers her services for three hours. If they require more than three hours to complete their services for you, they'll then charge you an additional cost per hour that they worked on your behalf.
What is the highest retainer fee? ›
Retainer fees can range from a few hundred dollars for relatively simple cases to several thousand dollars or more for complex matters or high-profile attorneys. There is no universally defined "highest" retainer fee for a lawyer, as it largely depends on the specific circ*mstances and context.
How long is a retainer fee? ›
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.
What is a retainer fee for a job? ›
A retainer fee describes a type of payment sent to a contractor or freelancer. When a client and contractor enter a retainer contract, this means that the client has ongoing access to the contractor's time and skills according to the contractual terms.
Is a retainer fee 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.
What is the amount for retainers? ›
Fixed Retainer Cost
Fixed retainer treatments typically cost between Rs 15,000 and Rs 30,000 or more, depending on how many teeth require braces or brackets before being fitted with the retainer itself.
What are the four types of retainer fees? ›
The four types of retainer fees are true, nonrefundable chargeable, nonrefundable nonchargeable, and refundable. A true retainer is used to ensure an attorney's availability. A nonrefundable chargeable retainer is applied to the costs of an attorney's services but is not refundable if it is not used.
What does it mean when a lawyer wants a retainer fee? ›
What Is a Retainer for a Lawyer? A retainer for a lawyer is a fee paid upfront by the client to secure the services of an attorney. It essentially "reserves" the time and expertise of a lawyer, making them accessible to the client for an agreed-upon time.
Why do retainers cost so much? ›
Factors that affect the cost of retainers include the provider you choose for aligners, the durability of your retainer, and how much it will cost to replace. Many at-home clear aligner providers offer retainers after treatment.
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.
How to propose a retainer fee? ›
No hard selling needed. Tell them you've been thinking about how a long-term arrangement would help them better accomplish their business goals. Then, if they're open to the idea, offer to write up a monthly retainer proposal that lays out everything you'd provide—and the value of working with you on a long-term basis.
Do consultants charge a retainer fee? ›
Some firms also charge retainers for guaranteeing that their consultants will be available to do work if the client needs it but then charges for work on a per-project basis. The retainer only pays for the guarantee, not the actual work. The big benefit of either type of retainer is that you have guaranteed income.
What is an example of a monthly retainer fee? ›
In other words, the ten hours that would be $100 per hour, you perhaps agree to offer at $90 per hour, if they agreed to a retainer of ten hours, or $900 per month. Even if they don't use the whole ten hours, you keep the remainder. Most clients will be encouraged not to lose the hours.
How to calculate retainer rate? ›
Multiply each team member's hourly cost by the number of hours they'll spend each week, month, or quarter on the retainer work.
A retainer fee is money that is paid upfront to secure the services of a criminal defense lawyer or other professional. A retainer fee is always paid before the work begins and may not represent the total final cost of the service.
If you know you’re under investigation or you have been arrested, contact the Law Offices of Mark T. Lassiter today. Our experienced and skilled trial lawyers will fight hard to protect your rights and your freedom. Even if you plan to plead guilty, we can potentially help reduce the consequences of a conviction.