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A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to third parties that the payer has engaged to perform a specific action on their behalf.
Think of a retainer contract as a work-for-hire agreement where you complete either a set amount of work for the client on a monthly basis or commit a set number of hours to their work. In exchange for your rolling services, the client pays you a fixed amount of money for an agreed number of hours each month.
Cons of Retainers Retainers may have a lower hourly rate. Although the hourly rate sometimes calculates as lower than average, the steady stream of income can produce greater revenue for your business. Workload may vary.
Retainer fees cover future expenses for some duration before paying the final invoice because clients provide funds upfront. Like any contract clause, a retainer fee clause can protect you from not getting paid. Contracts spell out the obligations of the parties so there are clear expectations.
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.
The amount of the retainer fee can vary and may be a flat fee or an hourly rate. In short, a legal retainer serves as a guarantee that the lawyer will be available to work on the client's case and provides peace of mind that the client has dedicated legal representation when they need it.
A contingent fee agreement is a legal agreement that allows you to hire a lawyer for your case without having to pay any out-of-pocket upfront fees unlike a retainer fee. The lawyer getting payment is contingent on you winning your case. If you do not win your case, you don't have to pay your contingency lawyer.
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.