Certain criminal charges may require expert legal advice more often than others. You can have an agreement with your criminal defense lawyer if you are in this situation. The agreement (a retainer) helps keep the lawyer on standby to offer legal advice or representation.
A retainer fee is a legal fee paid in advance for legal services. Your attorney will require you to pay the fee upfront before they work on your case.
Knowing what to expect is tricky if it's your first time entering into a retainer agreement. Learn more about having a lawyer on retainer below.
How It Works
A retainer agreement is a legally binding document that outlines your relationship with a lawyer. It explains the expectations and obligations involved in the relationship. You can learn more about the professional ground rules, communication modes, retainer fees, and ethical work principles from this article.
Your criminal defense lawyer will discuss the retainer details before finalizing the agreement. And during the discussions, you both have the right to negotiate the nature of the legal relationship.
The three types of retainers include a general retainer, a retaining fee agreement, and a special retainer. With a general retainer, you contract legal services for a certain period. Also, you only pay the fee depending on the lawyer's availability.
A retaining fee agreement requires you to pay a lump sum fee or deposit in advance and have it kept in an escrow account. The attorney withdraws money for work done and refunds you any leftover amount once the agreement ends.
Lastly, a special retainer (charged at a flat fee) is suitable for a specific legal case, such as a criminal case.
Why Is a Retainer Fee Needed?
The law mandates attorneys to set reasonable retainer fees. So, the basis of the fees may include any of the following:
● Labor and time needed for investigation and representation
● Legal fees charged for criminal cases of the same complexity
● Length and nature of the legal relationship
● Time restrictions that the legal team faces
● Logistical and coordination costs
● Competence, reputation, and expertise of the lawyers involved
Benefits of a Retainer Agreement
With a retainer agreement, you enjoy the comfort of having round-the-clock legal advice. It helps maintain a healthy relationship with your criminal defense lawyer.
A retainer can also help when police mistakenly arrest you based on your previous run-in with the law. Your lawyer will defend the charges against you when you retain them.
A retainer agreement can help you budget for legal fees. It estimates long-term and short-term expenses based on the approximated case duration and pre-agreed terms. Speak to a criminal defense attorney to learn more.
