A retainer agreement is the written contract that establishes the terms of an attorney-client relationship in a family law matter. It typically spells out what work the attorney will and will not do, how fees and costs are calculated, how much money must be paid up front and held in trust, when and how that trust amount needs to be replenished as it is spent down, and the circumstances under which either the client or the attorney can end the representation.
Scope of representation
A retainer agreement generally describes what the attorney has been hired to do, for example representing a client through a divorce, a custody modification, or a single hearing, and what falls outside that scope, such as a future appeal or an unrelated legal matter. A clear scope section helps both sides understand what is and is not included in the fee arrangement.
Fees and billing structure
Family law attorneys commonly bill by the hour, though some matters may involve a flat fee for a defined task. The agreement typically states the hourly rate for the attorney and for any paralegals or associates who may work on the file, how time is recorded and billed, in what increments, and how often invoices are sent.
The retainer itself and replenishment
The word "retainer" often refers to an advance deposit, usually held in a separate trust account, from which the attorney draws as fees are earned. Many agreements require the client to replenish that trust balance once it falls below a certain threshold, so representation is not interrupted mid-case. The agreement typically explains how and when replenishment requests will be made and what happens if a balance is not maintained.
Termination and other terms
A retainer agreement also generally addresses how either party can end the relationship, what happens to any unearned funds if representation ends early, how the client's file will be transferred, and how outstanding fees will be resolved. Some agreements also address confidentiality, conflicts of interest, and how disputes about the bill itself will be handled.
Why this matters for a case
Fee structures and the specific terms attorneys include in a retainer agreement vary considerably from one firm and one matter to the next. Reviewing a proposed retainer agreement in detail with the attorney offering it, and asking questions before signing, is something a prospective client can and should do directly with that attorney.