Retainer agreements (also referred to as representation agreements) are a type of compensation agreement with lawyers either for reserving their employment or as compensation for future services. Also inside the agreement are details on the scope and procedure for the representation.
Does a contract have to be in writing? No, a contract usually does not have to be in writing to be legally enforced, and you can enforce a verbal agreement if both parties intended to be bound by it.
A retainer need not be in writing, although it is in both your and the lawyer's interests if the essential terms are in writing. This may be part of a costs agreement. Under a retainer, the lawyer agrees to use all the relevant information to further your interests.
The details of the agreement should be communicated to the client, in writing, when the lawyer has not regularly represented the client. These details include the scope of the representation and the expenses for which the client is responsible. Otherwise, having communication in written form is merely “preferable.”
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 goal of a retainer is to provide your clients with ongoing access to your agency's services. Furthermore, with a retainer agreement, agencies can offer their services at discounted prices to improve client retention. Exactly how much depends on the type of retainer you offer—which we will discuss further.
The retainer agreement does not bind you to your lawyer. You can terminate the client-attorney relationship at any time.
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
The disadvantages of permanent retainers are: They require a more thorough cleaning to avoid plaque build-up. Eating hard and or crunchy foods can potentially damage the wires or pop the cement loose from your teeth.