Fact-checked by Grok 2 weeks ago

Retainer agreement

A retainer agreement is a formal between a client and a , such as a , , , or agency, in which the client pays an upfront —often called a retainer —to secure the provider's availability, commitment, or prepayment for anticipated services over a specified period. This arrangement falls between a one-time project and ongoing , offering predictability and stability to both parties by outlining terms for compensation, scope of work, and obligations. Originating in the legal field, retainer agreements have broadened to various , including consulting, , IT support, and , where they ensure dedicated access to expertise amid fluctuating demands. In legal practice, they serve to reserve an attorney's time or fund future work, while in contexts, they enable recurring streams and prioritized client support. Common types include general retainers, which compensate for availability without immediate services; security retainers, where funds are held in a trust account until earned; and advance fee retainers, providing prepayment directly for upcoming tasks. Business variants often feature time-based retainers for ongoing hours, project-based for defined deliverables, pay-for-work models tied to output, and pay-for-access for advisory availability. Essential components of a retainer agreement typically include a clear definition of the scope of services to avoid disputes over inclusions and exclusions, detailed payment terms specifying the fee amount, billing frequency (e.g., monthly or hourly rates), and any additional costs, as well as the contract's duration and termination clauses for ending the arrangement. Other key elements encompass confidentiality provisions to protect sensitive information, performance standards like response times or deliverables, and rights and obligations of each party to foster mutual understanding. These agreements are governed by jurisdiction-specific rules, particularly in law, where ethical guidelines require funds to be held in trust until earned and refundable balances returned to clients. The importance of retainer agreements lies in their role in mitigating risks, such as non-payment or , while promoting long-term relationships through upfront financial commitment and clear expectations. For providers, they generate steady income and reduce client acquisition efforts; for clients, they guarantee priority access to skilled professionals and budget certainty. Best practices emphasize using written contracts reviewed by legal experts, transparent communication, and tools like billing software for compliance and tracking.

Overview

Definition

A retainer agreement is a preliminary between a client and a , in which the client pays an upfront or recurring fee to secure the provider's availability or to dedicate a specified amount of time to the client's needs. This arrangement functions as a work-for-hire agreement that bridges one-off and , enabling flexible, ongoing access to expertise across various professional fields. Under the basic mechanics of a retainer agreement, the fee is paid in advance and held by the provider, with funds drawn upon as billable services are performed; arrangements may be one-time for a defined project or ongoing for sustained support, often involving monthly or periodic payments. In legal practice, these funds are typically maintained in a or account until earned, preserving them as client property to comply with ethical standards. The core purpose of a retainer agreement is to establish a reliable, that offers to the through predictable while granting the client priority access to professional resources and reducing the risk of unavailability. Such agreements are prevalent in professions including legal services, consulting, and creative sectors like marketing agencies, where consistent engagement is valuable. Retainer agreements encompass various structures, such as those focused on specific deliverables or general availability, as detailed in subsequent sections.

Historical Development

The concept of retainer agreements in legal practice traces its origins to 19th-century jurisdictions, where informal fee arrangements evolved into more structured engagements between attorneys and clients. In , direct payments to lawyers became common during this period, shifting from honorariums to negotiated fees that reflected the personal relationship between counsel and client. In the United States, early regulations like New York's 1709 Act set fee limits, but by the mid-19th century, courts began allowing market-driven negotiations, as seen in the 1840 New York case Stevens & Cagger v. Adams, which removed statutory caps and facilitated formalized contracts. This transition marked retainers as upfront payments to secure a lawyer's availability, distinct from billing. Key milestones in the early included the formal incorporation of retainer principles into U.S. codes. The American Bar Association's 1908 Canons of addressed fees in Canon 12, emphasizing agreement-based remuneration while prohibiting excessive charges, and in Canon 44, requiring refunds of unearned portions of retainers upon withdrawal to protect client interests. These canons influenced state bars, promoting ethical standards for retainers amid growing professionalization. Post-World War II, retainer agreements expanded beyond law into business consulting, as firms like navigated postwar economic complexity with ongoing advisory models; by the 1970s, pioneers such as introduced long-term monthly retainers (e.g., $25,000 to in 1973) to foster sustained client partnerships. In non-legal fields, retainers gained prominence during the 1980s and 1990s amid the rise of the freelance economy in creative and tech industries. The shift toward project-based work in sectors like media and design encouraged retainer models for predictable income, allowing freelancers to reserve capacity for clients without constant renegotiation. Influential events in the 1970s, including ethical disputes over nonrefundable retainers, prompted standardization; bar opinions, such as Texas Ethics Opinion 391 (1978), permitted such fees if earned upon receipt with proper client disclosure regarding circumstances of non-refundability, though subsequent ethics guidelines have emphasized refundability of unearned portions and reasonableness to uphold fiduciary duties. Subsequent developments in , such as the ABA's Formal Opinion 00-420 (2000) and Formal Opinion 505 (2023), further clarified that fees labeled as non-refundable must still return unearned amounts upon termination or withdrawal, aligning with Model Rule 1.16 and prohibiting misleading characterizations to ensure client protection.

Types

Legal retainers are specialized retainer agreements employed exclusively within the attorney-client relationship to secure legal services, governed by rules and regulations. These agreements ensure the attorney's availability and commitment while protecting client funds through strict oversight. Unlike general professional retainers, legal retainers must comply with jurisdictional ethical standards, such as those outlined by the (), emphasizing transparency, reasonableness, and client protections. Common subtypes of legal retainers include security retainers, evergreen retainers, and general retainers. A security retainer involves an advance payment deposited into a client trust account to cover future fees for specific services, with funds drawn down as work is performed and any unearned portion refundable upon completion or termination. An evergreen retainer, a variant of the security retainer, requires the client to periodically replenish the trust account to maintain a minimum balance, ensuring ongoing coverage for anticipated legal work without interruption. In contrast, a general retainer secures the attorney's availability for a defined period or matter without immediate work, often used for advisory roles, and is typically non-refundable only if it compensates for the reservation of time rather than services rendered. These retainers find applications across various legal fields, including litigation, corporate , and . In litigation, or evergreen retainers fund through trials or settlements, providing predictability for complex cases. Corporate often utilize general retainers for ongoing , mergers, or regulatory matters, ensuring dedicated access to expertise. In , retainers support proceedings, disputes, or spousal support negotiations, with agreements required to detail fee structures per requirements such as California's Business and Professions Code § 6148. Bar associations mandate that retainer funds, particularly unearned portions, be held in (IOLTA) to generate interest for programs while safeguarding client property. Attorneys bear ethical obligations to refund any unused retainer portions promptly upon request or case conclusion, as unearned fees remain client property. Many jurisdictions prohibit non-refundable retainers for services, viewing them as contrary to public policy and the client's right to terminate representation at any time. A landmark ruling, In re Cooperman (1993), by the New York Court of Appeals, declared non-refundable retainer agreements unethical under the Code of Professional Responsibility, suspending attorney Edward M. Cooperman for refusing refunds after client discharges and emphasizing the duty to return unearned fees. This decision influenced broader ABA guidelines, including Formal Opinion 505 (2023), reinforcing refund requirements in most U.S. jurisdictions. Non-legal retainer agreements are contractual arrangements used in various outside the legal field, where clients pay a recurring to secure ongoing to expertise or specific deliverables from consultants, freelancers, or agencies. These agreements provide stability for service providers while ensuring clients receive prioritized or consistent support, commonly applied in consulting, , and business advisory roles. Unlike legal retainers, which are governed by strict regulations, non-legal versions offer greater flexibility in and , often without mandatory ethical codes imposed by bar associations. Retainer agreements in these contexts typically fall into three main subtypes: pay-for-access, pay-for-work, and models. In a pay-for-access retainer, clients pay a fixed fee to reserve the provider's availability and expertise on an as-needed basis, without predefined deliverables; this is prevalent among IT consultants who offer priority for or strategic advice. Pay-for-work retainers, by contrast, involve payment for a set number of hours or specific outputs over a period, such as monthly reports or tasks, which suits agencies delivering targeted campaigns. models combine elements of both, providing baseline access with additional charges for defined deliverables or milestones, allowing customization based on client needs in fields like business advisory. These retainers find broad applications in freelance , , and (PR) firms. For instance, graphic designers often use pay-for-work retainers to produce monthly assets like newsletters or materials, ensuring steady creative output for clients. In , a pay-for-access model might grant unlimited advisory sessions over a quarter, fostering ongoing . PR firms commonly employ retainers for sustained campaigns, such as management or response, where clients pay a flat monthly fee for 12 hours of service to maintain visibility and handle emerging issues. Industry variations highlight the adaptability of these agreements. Tech startups frequently utilize retainers for software development, opting for post-paid models that guarantee consultant availability for iterative coding or system maintenance without in-house teams. In contrast to the rule-bound nature of legal retainers, non-legal applications in creative and advisory sectors lack formal ethical oversight, emphasizing mutual trust and contractual flexibility instead; for example, marketing agencies prioritize queuing systems where retainer clients receive faster turnaround than ad-hoc projects. This approach is particularly effective in dynamic environments like digital marketing, where ongoing SEO or content services ensure competitive edges for clients.

Key Components

Scope of Services

The scope of services in a retainer agreement delineates the precise boundaries of the professional work to be performed, ensuring mutual understanding between the and client to mitigate potential conflicts. This section typically enumerates specific tasks, such as consultations, document reviews, or achievement of project milestones, while explicitly excluding unrelated activities to prevent and disputes. Core elements include a detailed listing of included services, often tailored to the engagement's objectives—for instance, in legal retainers, this might limit to particular proceedings like filings without encompassing matters. Out-of-scope items are equally critical, such as specifying that additional litigation or unrelated advisory work requires separate agreements, thereby protecting both parties from unforeseen obligations. Customization of the adapts to the involved; in legal contexts, it frequently incorporates hourly or task-based limits to align with ethical rules on , whereas consulting retainers emphasize deliverable-oriented structures, such as monthly reports or strategic access without guaranteed outputs. The may vary depending on the type, influencing how are framed across legal and non-legal applications. Best practices recommend using appendices to attach detailed descriptions or schedules, allowing for clarity without cluttering the main , and incorporating amendment mechanisms—such as written addendums—for any expansions. Common pitfalls arise from vague or overly broad language, which can lead to claims of or unfulfilled expectations; for example, standard templates that fail to disclaim for prior counsel's errors have resulted in attorneys facing lawsuits for inherited issues in cases, as seen in appellate rulings. To avoid such issues, agreements should employ precise terminology and periodic reviews to address evolving needs.

Payment Terms

Payment terms in retainer agreements outline the financial obligations and mechanisms for compensating the , ensuring clarity on how fees are calculated, billed, and managed. These terms typically specify the fee structure, which can vary based on the nature of the services and the agreement's duration. Common structures include flat monthly , where a fixed amount is paid periodically regardless of usage to secure ongoing ; hourly drawdowns from an , in which the client deposits funds upfront and the provider deducts fees as work is performed at an agreed rate; and tiered arrangements based on actual usage, such as that require replenishment when the balance falls below a minimum . Billing mechanics detail the operational aspects of fee collection and account management. Invoicing frequency is often monthly or upon completion of specific milestones, with providers required to provide detailed statements showing hours worked or services rendered against the retainer balance. Minimum commitments may stipulate a baseline usage or payment amount to maintain the agreement, preventing premature termination without penalty. Handling of unused funds varies: in security or advance payment models, excess amounts may roll over to future periods or be forfeited if explicitly stated. Refund policies distinguish between refundable and non-refundable fees to protect client interests, with variations depending on whether the is legal or non-legal. In legal retainers, refundable retainers—such as security deposits or advance payments for anticipated work—require the return of any unearned balance upon completion of services or termination of the agreement, often accompanied by a final , to comply with ethical standards. Non-refundable fees in legal contexts are limited to true retainers that compensate for the provider's rather than specific work, and must be clearly labeled as such to avoid disputes; partial refunds may apply under conditions like scope reductions or early termination clauses. In non-legal retainers (e.g., consulting), refund terms are governed by contract law and may allow non-refundable fees for specific work if agreed, without ethical restrictions on unearned portions. Tax implications for retainers differ by and method. For legal providers (attorneys), retainers are treated as prepaid , with unearned funds not immediately taxable but becoming only when earned through service delivery; attorneys must hold unearned retainers in client trust accounts (e.g., IOLTA) until work is performed, at which point the amounts are transferred to operating funds and reported as , per IRS rules and ethical guidelines. Failure to do so can lead to IRS scrutiny. For non-legal providers (e.g., consultants on basis), retainer payments are generally includible in upon under IRC §451, though a deferral election may apply for advance payments under Rev. Proc. 2004-34 to the next tax year; separate client accounts are recommended for but not ethically mandated as trusts. For clients, retainers may qualify as deductible business expenses when tied to , subject to applicable codes.

Benefits and Drawbacks

Advantages

Retainer agreements offer significant benefits to service providers by ensuring a steady stream of through fixed periodic payments, which stabilizes financial operations and reduces the uncertainty associated with project-based billing. This predictable income allows providers to better manage , as exemplified by consulting firms receiving monthly fees ranging from $1,000 to $10,000, enabling them to cover operational costs without the feast-or-famine cycles common in hourly work. Additionally, retainers lower client acquisition expenses by encouraging ongoing relationships with existing clients, minimizing the need for constant and efforts. Providers can also plan workloads more effectively, allocating resources and scheduling tasks around committed client needs rather than scrambling for new projects. For clients, retainer agreements provide priority access to professional services, guaranteeing availability and quick response times when issues arise, which is particularly valuable in fields like consulting where timely expertise can prevent minor problems from escalating. They also deliver cost predictability, as clients pay a set fee—such as $16,500 monthly for a digital marketing retainer—allowing for accurate budgeting and avoiding the surprises of variable hourly rates. Furthermore, these agreements facilitate proactive advice, enabling providers to monitor ongoing needs and offer strategic guidance, such as continuous legal counsel that aligns with a client's business objectives. Beyond individual gains, retainers foster long-term partnerships that build trust through consistent availability and collaborative engagement, strengthening professional relationships over time. This committed dynamic enhances communication and mutual understanding, positioning the provider as a trusted advisor rather than a transactional . On a broader scale, the retainer model empowers smaller firms to compete with larger entities by securing reliable revenue streams that support scaling and strategic growth without heavy reliance on sporadic large projects.

Disadvantages

Retainer agreements can impose financial and operational risks on clients, particularly the potential for overpayment when services are not fully utilized. Clients may prepay for a set amount of work or hours that go unused, especially if their needs fluctuate or diminish unexpectedly, leading to inefficient resource allocation. This risk is amplified in structures where unused funds are not refundable or transferable, tying up capital that could otherwise be allocated elsewhere. Additionally, clients face lock-in to a single provider, which limits their ability to explore alternative options or switch to competitors offering better rates or expertise, potentially exposing them to conflicts of interest or gaps in specialized knowledge. Service providers also encounter significant challenges with retainer agreements, including the administrative burden of monitoring usage, billing, and . In legal contexts, for instance, managing trust accounts demands meticulous tracking of client funds, separate ledgers, and adherence to regulations from bodies like the , which classify unearned fees as client property until billed. This complexity can strain resources, particularly for smaller firms, and increase the risk of errors or regulatory violations. Furthermore, underutilization occurs when clients do not exhaust the , resulting in opportunity costs as providers reserve capacity that remains idle, forgoing revenue from other projects. Common issues in retainer agreements include disputes arising from mismatched expectations about service value, where clients perceive overpayment if deliverables fall short of anticipated outcomes. poses another hurdle, as fixed retainer terms may not accommodate growing or evolving client needs, requiring renegotiation or supplemental fees that disrupt the agreement's predictability. The importance of clear terms in retainer contracts is evident in mitigating these drawbacks, though ambiguities in or structures can exacerbate them.

Enforceability

Retainer agreements are enforceable under general principles of contract law, provided they satisfy essential elements such as mutual consent, consideration, and, in many jurisdictions, a written form outlining the terms. Mutual consent requires a clear offer and acceptance between the parties, ensuring both the client and service provider agree to the scope and obligations. Consideration is typically provided by the client's payment of a fee in exchange for the provider's availability or performance of services, which secures the contract's validity. Compliance with broader contract law principles, including legality of purpose and capacity of parties, is also required to avoid voiding the agreement. In the United States, enforceability often hinges on state-specific requirements, particularly for written agreements. For instance, California mandates that legal service agreements, including retainers, be in writing to be enforceable, detailing services, fees, and refund policies. Similarly, New York requires written retainer agreements for matrimonial cases, specifying the nature of the relationship and fee details. Michigan advises written agreements for all representations to define scope, fees, and policies, with contingent fees explicitly requiring writing under state rules. Variations exist regarding advance payments: some states, like California, distinguish between "true" retainers (non-refundable fees for availability, held outside trust accounts) and security retainers (unearned fees held in trust until services are rendered), with the latter requiring refunds for unused portions. Non-refundable provisions must include full disclosure and client consent to be upheld in jurisdictions where permitted; however, in others, such as Virginia as of 2025, non-refundable advanced legal fees are per se unethical and prohibited. Internationally, enforceability differs, with the imposing stricter protections on agreements treated as service contracts. Under the Unfair Terms in Contracts Directive (93/13/EEC), terms must be fair, transparent, and not create significant imbalances to the 's detriment; vague or one-sided clauses, such as excessive non-refundable fees, may be deemed unenforceable. EU member states must ensure receive clear pre-contractual information on fees and withdrawal rights, extending up to 14 days for distance contracts, which can apply to arrangements in contexts. Dispute resolution mechanisms, such as clauses, enhance enforceability by providing binding alternatives to litigation but must meet specific criteria to avoid invalidation. These clauses are generally permissible in U.S. retainer agreements if they clearly disclose the arbitration process, costs, and waiver of rights, with attorneys required to explain advantages and disadvantages to clients. As of March 2025, has adopted an official comment emphasizing that attorneys must explain the implications of such clauses to clients for enforceability. Common breaches include failure to deliver promised services, leading to claims for refunds or ; for example, if services are not provided despite , the agreement may be breached, entitling the client to recovery. In , the upheld clauses in retainers absent a per se prohibition, provided ethical rules are followed. However, in , the ruled such clauses unenforceable without adequate client explanation of implications. Case law illustrates challenges in partial performance scenarios, particularly through quantum meruit recovery, allowing providers to claim the reasonable value of services rendered when an agreement is terminated without cause. In Hilton Wiener, LLC v. Zenk (2022), a New York court permitted quantum meruit recovery for an attorney's services after discharge, emphasizing the doctrine's role in compensating for accepted performance absent full contract fulfillment. Similarly, in Martin v. Camp (1916), the New York Court of Appeals held that discharged attorneys could recover under quantum meruit for reasonable services, not contractual damages, when termination occurs without fault. These rulings underscore that while retainer agreements provide structure, courts prioritize equitable recovery for beneficial work performed.

Ethical Guidelines

In the , retainer agreements are governed by strict ethical standards to ensure fairness and protect client interests. The American Bar Association's Model Rule 1.5 requires that fees, including those from retainers, must be reasonable, with factors such as the time and labor required, the client's objectives, and the experience of the considered in determining reasonableness. Lawyers must obtain from clients regarding the scope of representation and the basis for fees, typically through written communication at the outset of the engagement, to avoid misunderstandings in retainer arrangements. For fee disputes arising from retainers, ethical guidelines emphasize prompt resolution mechanisms, such as or , with lawyers required to participate in if requested by the client. In non-legal fields like consulting, ethical codes from professional associations promote transparency and integrity in retainer agreements to safeguard client relationships. For instance, the Institute of Management Consultants USA (IMC USA) Code of Ethics mandates that consultants charge reasonable fees and disclose all relevant information to clients, ensuring retainer terms are clear and free from hidden costs. Similarly, the EUConsult Code of Ethics requires members to avoid conflicts of interest in all financial relationships, including retainers, by fully disclosing any potential dual loyalties or competing engagements that could impair objectivity. These standards emphasize proactive communication to build trust and prevent ethical lapses in retainer-based services. Best practices for retainer agreements across professions include comprehensive of risks, such as the possibility of unused funds or limitations, to enable informed client decisions. Regular reporting on the usage of funds is recommended to maintain , often through periodic statements detailing or milestones achieved. Handling non-refundable fees requires explicit labeling and justification in the agreement, as they must still align with ethical norms of reasonableness and may be treated as earned only upon delivery of promised services, with any unearned portion refundable; recent changes in some jurisdictions, like in 2025, prohibit non-refundable fees entirely. Violations of these ethical guidelines, such as charging unreasonable fees or failing to disclose conflicts, can result in significant disciplinary actions. In the legal context, mishandling retainers may lead to bar sanctions, including or , as seen in cases where lawyers commingled client funds or failed to refund unearned portions. Professional associations in non-legal fields may impose similar consequences, such as membership revocation or public , to uphold industry standards.

References

  1. [1]
    retainer | Wex | US Law | LII / Legal Information Institute
    Retainers are a type of compensation agreement with lawyers either for reserving their employment or as compensation for future services.
  2. [2]
    Retainer agreement | Deel
    A retainer agreement is a financial arrangement where a client agrees to pay a service provider, like a consultant, freelancer, or law firm, a pre-determined ...Benefits Of Retainer... · Financial Planning And... · Evaluating Retainer...
  3. [3]
    Guide to Retainer Agreements - HoneyBook
    Mar 13, 2024 · A retainer agreement is a type of agreement in which a client pays a fee or a portion of the total fee up front for ongoing services.Benefits of a retainer agreement · Retainer agreement types
  4. [4]
    Lawyer Retainers: Definition, Purpose, and Ethics - LawPay
    Nov 14, 2024 · 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.Aspects of a Lawyer Retainer · How a Lawyer Retainer Works
  5. [5]
    Retainer Agreement: What is it? Key Terms, Considerations
    A retainer agreement is a work-for-hire contract where clients pay in advance for professional services, setting out duties and costs.
  6. [6]
    What is a retainer, how it works, types and benefits - Rocketlane
    A retainer is an ongoing payment agreement where a client pays a recurring fee for professional services during an agreed period.What is a retainer? · Retainer agreements for... · How to write a retainer...
  7. [7]
    retainer agreement | Wex | US Law | LII / Legal Information Institute
    Retainer agreements (also referred to as representation agreements) are a type of compensation agreement with lawyers either for reserving their employment or ...
  8. [8]
    Thomas Hull, History & Analysis of Retainer Fees
    Prior to the 1930s, the general retainer indicated a relationship between attorneys and clients-one based on their personal relationship. The general retainer ...
  9. [9]
    A Brief History of Lawyers' Fees | Home
    May 31, 2022 · Discover the history of lawyer fees, from early legal practices to modern billing, and how costs have evolved in the profession.
  10. [10]
    A Brief & Fun History Of The Strategy Consulting Industry 1900 - 2020
    A history of how Frederick Tatlor, James O. McKinsey, Marvin Bower and others helped to shape the stategy and management consulting industry.
  11. [11]
    (PDF) The Rise of the Freelance Economy - ResearchGate
    Dec 5, 2019 · This paper seeks to shed light on the effect of the global knowledge economy and the fourth industrial revolution on business processes.
  12. [12]
    [PDF] Appellate Division, Second Department, Bans Use of Nonrefundable ...
    retainer places lawyer on call so that lawyer must forego other employment, thus, constituting proper factor in compensating lawyer); Texas Bar Op. 391 (1978).Missing: standardized formats
  13. [13]
    Lawyer Retainers: Definition, Purpose, and Ethics
    Aug 12, 2025 · A lawyer retainer agreement outlines the terms and conditions of the working relationship between a client and a lawyer. It ensures that both ...
  14. [14]
    Retainer Agreements v. Flat Fees: Which Is Right for Your Law Firm?
    There are three kinds of retainer agreements: General retainers: secure the lawyer's availability for a certain matter or period of time; Security retainers ...
  15. [15]
    A Guide to Evergreen Retainers for Law Firms - Clio
    May 16, 2025 · An evergreen retainer is an agreement where the client pays a fee into a separate trust account, in which the lawyer invoices against once services are ...
  16. [16]
    When a General Retainer Agreement Makes Sense - CARET Legal
    Rating 4.5 (166) Feb 13, 2024 · A general retainer agreement can be a great source of steady, predictable income, it's crucial for law firms to consider the potential challenges and risks.
  17. [17]
    [PDF] LITIGATION RETAINER AGREEMENT - Cislo & Thomas LLP
    Client shall reimburse Attorneys for all actual costs and expenses incurred by Attorneys, including the following: sheriffs', marshals', and process servers' ...
  18. [18]
    What Is Family Law Retainer Agreement | State Bar Rule 3-401
    Apr 8, 2010 · Retainer Agreement is a written contract between you and your divorce lawyer. The California Bar requires that any agreement for services where ...Missing: litigation corporate
  19. [19]
    What is an IOLTA Account? Definition & Compliance Rules - LawPay
    Jul 3, 2024 · IOLTAs are interest-earning trust accounts used to hold unearned client funds, like retainers & court fees. Learn attorney compliance ...
  20. [20]
    Matter of Cooperman - New York State Unified Court System
    In each of Cooperman's retainer agreements, the Appellate Division found that the lawyer transgressed professional ethical norms. The fee arrangements expressed ...
  21. [21]
    Retainer Contract Types, Benefits, and Best Practices - UpCounsel
    Aug 18, 2025 · Retainer contracts are written agreements that exist between an organization and an independent contractor or consultant.
  22. [22]
    What Is a Consulting Retainer? (Plus How To Implement One) - Indeed
    Jun 6, 2025 · A consulting retainer is a fixed rate that consultants charge for their services over a certain period of time.
  23. [23]
    Consulting Retainer Guide in 2025: From One-Off Projects To ...
    A consulting retainer is a monthly fee clients pay you for ongoing work or access to your expertise. It's how smart consulting business owners create steady, ...When To Offer A Consulting... · How To Sell A Consulting...
  24. [24]
    What Is a Retainer in Business? Definition, Types and Examples
    usually monthly ...Types Of Retainers · Lawyer Retainer · It Support Retainer
  25. [25]
    Retainer Contract Guide: Secure Steady Income in 2025
    Oct 23, 2025 · Learn about retainer contracts for freelancers. Discover benefits, types, and get sample clauses to secure steady income and peace of mind.Missing: advisory | Show results with:advisory
  26. [26]
    Retainer Agreement: The Definitive Guide for Legal Professionals
    Jun 13, 2024 · A retainer agreement is a crucial tool for legal professionals, providing a structured and beneficial framework for both clients and attorneys.Retainer Agreement: The... · Types of Legal Retainer... · How to Write a Retainer...
  27. [27]
    Reviewing Retainer Agreement Contract Principles, Scope, and Trea
    Oct 16, 2024 · Attorneys limit the scope of representation by defining the specific legal services they agree to provide. A typical scope clause will state ...
  28. [28]
    Rules of Engagement: Setting the Proper Scope of Representation ...
    Jan 5, 2024 · Every retainer agreement should contain language that a new agreement will be required for any matters falling outside the scope of the original ...
  29. [29]
    Dangers of Broad Scope Retainer Agreements - Best Lawyers
    Jul 12, 2022 · “Without a solid retainer agreement defining the identity of the client, the scope of services, the fee arraignment, etc. lawyers expose ...
  30. [30]
    A Guide to Retainer Fees for Lawyers - Clio
    Aug 27, 2025 · A retainer fee is an advance payment made by a client for future legal services. Lawyers determine this fee by estimating the hours needed for a case.Missing: policies | Show results with:policies
  31. [31]
    That Retainer, it's Almost Certainly Refundable
    Feb 22, 2018 · Only "true" retainers are non-refundable. Unearned funds from security or advanced payment retainers must be refunded at the end of the work.Missing: obligations jurisdictions
  32. [32]
    Identifying and avoiding common ethical pitfalls when drafting ...
    It is advisable to always have a written retainer agreement that clearly defines the scope of representation, the fee arrangement, and any relevant policies and ...
  33. [33]
    Handling the Tax Implications of Retainers for Law Firms
    May 3, 2025 · Retainer funds are not taxable income until they are earned and transferred to your operating account.
  34. [34]
    Tax Matters - Journal of Accountancy
    Nov 30, 1999 · The result is that retainer payments are deductible or capitalizable based on the nature of the legal fees a company incurs. As the court ...
  35. [35]
    Why a consulting retainer is essential for professional services
    May 31, 2024 · Implementing a consultant retainer model can help boost revenue, strengthen client relationships, and facilitate strategic scaling.
  36. [36]
    The Pros & Cons of The Legal Retainer Model - KorumLegal
    May 3, 2024 · The legal retainer model provides clients with certainty regarding their legal expenses, as they pay a predetermined fee for access to legal ...
  37. [37]
    The Pros & Cons of The Legal Retainer Model. | Article
    Jun 1, 2025 · Retainer agreements often have limitations regarding the types of legal services covered, potentially leaving clients vulnerable in areas not ...
  38. [38]
    Working on retainer: Benefits, challenges and best practices in 2025
    Jul 9, 2025 · Explore the benefits and challenges of working on retainer in 2025. Manage recurring projects and retainer agreements efficiently.
  39. [39]
    The Pros and Cons of Working on Retainer - Productive.io
    Apr 18, 2019 · A growing number of professionals and agencies use retainers as a way to secure their business's finances and help it grow.1. More Reliable Pay · 3. Clients Love Them (they... · 1. Less Pay
  40. [40]
    The pros and cons of retainer pricing - BR Accounting
    Jan 26, 2025 · When both sides fail to set expectations, retainers get riskier as the amount of work will hardly line up with your own. They can easily lead to ...
  41. [41]
    Retainer Agreement Example: Your 2025 Guide - Brillant Law Firm
    Aug 5, 2025 · A retainer agreement helps avoid misunderstandings by clearly outlining the scope of services, estimated fees, communication methods, and ...Retainer Fee Vs. Retainer... · Compensation, Fees, And... · Key Legal Clauses And...
  42. [42]
    [PDF] enforcement of “non-refundable” retainer provisions
    Jan 28, 2011 · It is important to note that the key defining characteristic of a “true” or “classic” retainer is that it is paid solely to secure the ...Missing: essential | Show results with:essential
  43. [43]
    Consumer Protection: Unfair terms in consumer contracts
    In principle, EU law does not harmonise the procedures for examining whether a contractual term is unfair, and those proceedings would fall within the domestic ...
  44. [44]
    Supreme Court of Louisiana Upholds Use of Arbitration Clauses in ...
    Jul 25, 2012 · The Supreme Court of Louisiana held there is no per se rule against arbitration clauses in attorney-client retainer agreements provided that the ...
  45. [45]
    Delaney v. Dickey :: 2020 :: Supreme Court of New Jersey Decisions
    The trial court held that the retainer agreement's arbitration provision was valid and enforceable. Additionally, the court determined that Delaney waived his ...
  46. [46]
    Hilton Wiener, LLC v Zenk :: 2022 :: New York Other Courts Decisions
    Under the doctrine of quantum meruit, the performance and acceptance of services gives rise to the inference of an implied contract to pay for the reasonable ...
  47. [47]
    Martin v Camp - New York State Unified Court System
    The contract stipulated that the compensation to be paid should be contingent upon success and fixed the sum that was to be paid in event of success as a ...
  48. [48]
    Rule 1.5: Fees - American Bar Association
    Apr 14, 2020 · A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, ...
  49. [49]
    Rule 1.5 Fees - Comment - American Bar Association
    Aug 16, 2018 · Paragraph (a) requires that lawyers charge fees that are reasonable under the circumstances. The factors specified in (1) through (8) are not exclusive.Missing: retainer | Show results with:retainer
  50. [50]
    [PDF] Code of Ethics | IMC USA
    The code requires integrity, competence, and objectivity in client service, reasonable fees, and reporting malfeasance. It also requires respecting colleagues ...Missing: transparency | Show results with:transparency
  51. [51]
    [PDF] EUConsult Code of Ethics
    1.2 Members shall at all times avoid conflicts of interest. All financial relationships between Members and their clients and other involved parties shall ...<|control11|><|separator|>
  52. [52]
    Ethical considerations in retainer agreements - Advocate Magazine
    Fee divisions among lawyers who are not in the same firm require (1) a written agreement between the lawyers, and (2) written client consent that includes ...
  53. [53]
    Formal Opinion 2015-2: Nonrefundable Monthly Fee in a Retainer ...
    Feb 9, 2015 · Use of a flat, nonrefundable monthly fee in a retainer agreement raises a number of ethical issues, which must be considered carefully.
  54. [54]
    [PDF] The Ethics of Charging and Collecting Fees - NET
    A lawyer's negligent or intentional mishandling of retainers and funds advanced for expenses may result in discipline including loss of license.
  55. [55]
    Ethics Compliance | IMC USA Code of Ethics
    Compliance to the IMC USA Code of Ethics among IMC members and CMCs is taken seriously in the best interests of members and their clients.Missing: transparency | Show results with:transparency