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.
As a rule, retainer agreements are signed with the focus on your most important clients. It may take years to develop meaningful relationships and a reputation of a well-rounded professional who delivers value and impactful results.
Agreement periods usually run up to five years, but initial retainer agreements are often reviewed and renewed annually—usually at the end of the financial year. Retainer hours are usually spent on recurring tasks that aren't major projects but are important to the client.
Once a contract or retainer agreement has been signed between both parties, there's no question that privilege applies. Nonetheless, it generally starts before a contract is officially signed, even if you ultimately do not hire the attorney you had a consultation with.
It provides: “Use the singular possessive case 'attorney's fees' (not 'attorneys'') in the term 'attorney's fees,' even though in the particular case more than one attorney may be involved.” OFF. OF THE REP. OF DECISIONS, THE SUPREME COURT'S STYLE GUIDE § 10.3 (Jack Metzler ed., 2016).
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.
California Civil Code Section 1717 provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party ...
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).