Retainer Explanation Clause Samples

Retainer Explanation. Attorney sets the non-refundable retainer after an initial meeting with client, based upon the perceived difficulty/complexity of the case, gravity of the issues at stake, demand from other potential clients for attorney’s services, and the reasonable fees for legal services charged in the community. Attorney’s objective is to provide client with quality, sophisticated representation at a reasonable and predictable price. To that end, attorney expects that if the Client’s case does not require excessive time (generally defined as no more than one court hearing, followed by a mediation, followed by a final hearing to approve settlement), the case will not cost more than the Client’s non-refundable retainer. In the event Client’s case becomes heavily contested, requires complex discovery, or otherwise includes excessive time (such as repeat correspondence, unresolved high conflict issues, or novel/complex legal matters) it is possible the retainer could be consumed earlier than set forth above. Client understands that there are some cases that become contentious and/or cannot be settled in a fair way and require a trial, and that under those circumstances the case could cost substantially more, into the tens of thousands of dollars. Generally, less than 5% of contested cases end in a trial, but client must be aware of the potential cost of such a trial. In the unfortunate event that a trial is required, Client shall be responsible for all of Attorney’s time at the rate of $350/hour, and shall be required to advance funds to cover all anticipated trial time and costs within a reasonable time (at least 60 days, unless attorney agrees to a shorter time) prior to the trial date. Attorney shall be allowed to send client a written request for these funds via e-mail. Trial funds are held in trust, as governed by the above retainer, and are earned as time and costs are spent. Client understands that attorney cannot work for free, or for promise of future payment, as legal services cannot be ‘repossessed’ in the same manner as a vehicle or a home. Failure to provide financial security prior to trial shall constitute grounds for attorney to withdraw from the case. In rare circumstances, attorney and client may agree to different payment arrangements so long as these arrangements are confirmed in writing (via e-mail). If attorney sends an e-mail concerning additional payment arrangements, client shall be deemed to have agreed to these arrangements unless client respond...
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