Common use of Retainers Clause in Contracts

Retainers. Before work begins, a retainer is placed in a COLTAF Trust Account to secure payment of fees. This retainer is not a fee, but is considered a security deposit. No interest is paid to either the client or the attorneys in most situations. At the attorneys' discretion, the retainer may be used to pay your fees or costs; this typically occurs when the client is delinquent in payment of fees or when the case is completed or nearly completed, and the retainer is applied to the last month's bill and/or any outstanding balance for prior months. When all work is completed, the court has approved the withdrawal of our attorneys, and we are certain no further legal work is necessary, any unused retainer is returned to the client. While normally the client pays costs directly, the attorneys may use the retainer to pay costs. You, the client, cannot use your retainer to pay your ongoing legal fees. The client should pay the legal fees and costs each month immediately upon receipt of our billing statement and should keep the full retainer on deposit in our COLTAF Trust Account. The amount of the retainer is set by the attorneys at the beginning of services to assure payment and to protect the law firm from loss. An additional retainer is required six months in advance of trial to cover the estimated costs of trial and preparation for trial. Typical minimum initial retainers are as follows: For Appeals: $25,000.00 to $50,000.00 For Custody & other contested cases: $15,000.00 For large District Court cases: $25,000.00 or more For small District Court cases: $7,500.00 to $15,000.00 For County Court cases: $2,500.00 to $7,500.00 For DUIs: $2,500.00 to $7,500.00 For Municipal Court cases: $2,500.00 For Magistrate Court cases*: $2,500.00 For non-court legal matters: $2,500.00 or more depending on complexity; or $7,500.00 or more for very time-consuming and complex matters.