A retainer agreement is a

work-for-hire A work made for hire (work for hire or WFH), in copyright law in the United States, is a work that is subject to copyright and is created by employees as part of their job or some limited types of works for which all parties agree in writing to th ...

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

. It falls between a one-off contract and

permanent employment Permanent employees work for an employer and are paid directly by that employer. Permanent employees do not have a predetermined end date to employment. In addition to their wages, they often receive benefits like subsidized health care, paid vac ...

, which may be

full-time Full-time or Full Time may refer to: * Full-time job, employment in which a person works a minimum number of hours defined as such by their employer * Full-time mother, a woman whose work is running or managing her family's home * Full-time fa ...

or part-time. Its distinguishing feature is that the client or

customer In sales, commerce, and economics, a customer (sometimes known as a client, buyer, or purchaser) is the recipient of a good, service, product or an idea - obtained from a seller, vendor, or supplier via a financial transaction or exchan ...

pays in advance for

professional A professional is a member of a profession or any person who works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the particular knowledge and sk ...

work to be specified later. The purpose of a retainer fee is to ensure that the employed reserves time for the client in the future when their services are needed. A retainer agreement may incorporate other contractual provisions regarding the performance of services, or the parties may potentially enter into additional contracts that define the other terms of their working relationship. A retainer fee may be paid on a fixed, pre-negotiated rate or on a variable hourly rate depending on the nature of retainer and also, the practice of the professional being retained.

Legal services

It is common for a person seeking the services of a

lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...

(attorney) to pay a retainer ("retainer fee") to the lawyer, to see a case through to its conclusion. A retainer can be a single advance payment or a recurring (e.g. monthly) payment. Absent an agreement to the contrary, a retainer fee is refundable if the work is not performed. The retainer agreement may serve as the basis of authority for a legal advocate. It may limit a lawyer's authority to specific tasks or services, as opposed to providing authority for general purposes. For example, if a lawyer is hired for purposes of litigation, during litigation the advocate will normally be authorized by the client to accept service of documents for which personal service upon the client is not required. In addition to being formally described in a retainer agreement, a client's grant of authority to an attorney may be implied, apparent or usual through the normal practice of the legal professional in providing representation to a client.

References

Contract law Practice of law Employment compensation {{Law-stub

Legal services

See also

References