Retainer

What does Retainer mean?

Most criminal defense lawyers will require defendants to pay a retainer or fee up-front, before they begin working on the criminal case. For instance, if the attorney is going to charge $100 per hour they may ask for a $2,000 retainer, which equals 20 hours of the lawyer's time. In this case every time they work on the case they will subtract the cost of the work from the retainer balance.

The amount or fee billed will vary based on several factors such as the complexity of the case (whether it is a misdemeanor or a felony), the attorney's reputation and experience and where the case is located.

A retainer fee structure for criminal cases differs from a contingency fee structure used in civil cases, which requires the claimant to only pay if they win their injury case. The retainer fee structure does have some benefits. For instance, if the case concludes quickly the defendant will only pay a small amount. Also, the attorney may be willing to take your case even if your case is not strong because they will get paid regardless of whether or not you are convicted. The disadvantage is if the case is complicated or takes a long time it can become very costly. Make sure you understand the full cost before signing a legal agreement. An attorney should be willing to fully explain their fees and billing practices.

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