A true retainer is earned upon receipt (and is therefore non-refundable) because it takes the attorney out of the marketplace and precludes him or her from undertaking other legal work (e.g., work that may be in conflict with that client).
For instance, a deposit is often assumed to be refundable, while a retainer is believed to be non-refundable. However, these assumptions may not hold true depending on the context and jurisdiction. Mislabeling payments can result in client disputes, unmet expectations, and even professional discipline.
Long-term Retainers Retainer DurationTypical Use Cases 1-3 Months Short-term legal advice or litigation 3-6 Months Mid-term projects, legal research 6-12 Months Long-term legal support, complex cases
However, the duration of a lawyer's retainer can vary depending on the terms of the retainer agreement between the lawyer and the client. Some retainer agreements may specify the period during which the retainer will be used. In contrast, others may be open-ended and allow the retainer to be used indefinitely.
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.
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.
Some retainers allow for a carry forward of all or some unused time from one month to another. Others don't. Some retainers contracts are continuing until someone gives notice – and others are for a specified period – often of six months or a year.
A retainer agreement is a work-for-hire contract. It falls between a one-off contract and permanent employment, which may be full-time or part-time. Its distinguishing feature is that the client or customer pays in advance for professional work to be specified later.
The retainer is really like a deposit. When you make that type of deposit, you will secure it as a prepaid expense on the balance sheet.
Here are a few things to include in your retainer pitch: The challenges involved in working this role on contingency. The benefits of going with a retainer over contingency. A clear plan on how you will deliver a shortlist and to what timescale.