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A retainer fee is the upfront cost of a service before the service has been performed. In other words, it's a form of advance payment often required by a consultant, lawyer or freelance professional. For example, a lawyer charges their client a retainer fee prior to the client using their services.
If it is one of the latter two, make sure to use the word ?non-refundable? in your letter. The Pennsylvania Bar Association Legal Ethics and Professional Responsibility Committee (?PBA?) has stated that non-refundable retainers are permitted, but only when not ?clearly excessive? and explicitly agreed to.
This is a legal contract between the law firm and the client setting forth the terms of the legal services to be provided and how the client will be charged for the services.
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.
As a best practice, licensees should consider using a retainer agreement or engagement letter for every matter. Confirming the essential terms of the engagement with the client in writing manages client expectations and reduces the risk of misunderstanding between the licensee and their client.
Retainers are a type of compensation agreement with lawyers either for reserving their employment or as compensation for future services. General retainers are the traditional type of retainers where a lawyer agrees to handle a case or future issues that arise for a client.
The purpose of retainer agreements Like any contract, the primary purpose of a retainer agreement is to make sure that your agency actually gets paid for your services. By requiring clients to pay in advance, retainer agreements eliminate the potential for non-payment disputes.
Here are the sections that most retainer agreements should include and the important details covered in each section: Introduction. ... Scope of work and services. ... Retainer fee and payment terms. ... Intellectual property and confidentiality. ... Dispute resolution. ... Termination. ... Signatures.