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What is a Retainer and Contingency Agreement? A Retainer and Contingency Agreement is a type of contract between a lawyer and their potential client for an upcoming lawsuit. The agreement generally covers important matters like the lawyer fees, as well as the terms of the attorney-client relationship.
What Is a Retainer Fee? 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 individual third parties that have been engaged by the payer to perform a specific action on their behalf.
A retainer is by default non-refundable and is not returned. Instead, it gets applied to the total. Think of a security deposit for an apartment or a cleaning deposit for an event venue rental (separate from the actual fee for the event cost itself). These are fees that are separate from the total.
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 individual third parties that have been engaged by the payer to perform a specific action on their behalf.
Contingent fees create an undue emphasis on the extent of the plaintiffs damages, and they encourage the filing and prosecution of cases with large damages but little negligence.
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A monthly retainer fee is paid in advance by your clients to ensure that your services will be available to them for the period covered. Clients on a monthly retainer usually pay a recurring fee, and they usually work on long-term projects with different agencies, who are available at their beck and call.
This prepayment, known as a retainer fee, allows professionals to get money in advance of their services. Learning about these fees can help you secure payment for work in advance while building a good working relationship with your clients.
The Benefits of a Retainer Arrangement The attorney has the assurance of being paid monthly or at least on a regular basis. This is particularly helpful if a client is slow in paying. The retainer arrangement is also beneficial for the client because it provides an estimated budget for legal fees.
Most frequently, the client agrees to a security or an advanced payment retainer where payment for services is drawn from the monies held in trust. Heres the kickeronly the true retainer is non-refundable. Unearned funds from either a security or advanced payment retainer must be refunded at the end of the work.
Retainer agreements should: Always be in writing. Contain a statement that the firm has conducted a search for conflicts of interest and either (1) there are no conflicts, or (2) appropriate parties, including the client, have been advised of potential conflicts and waived them. Define the scope of the engagement.

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