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It is common for a person seeking the services of a lawyer (attorney) to pay a retainer ("retainer fee") to the lawyer, to see a case through to its conclusion. [2] 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. [3]
The authorization does not necessarily have to be explicit. It can be inferred from the terms or nature of the retainer agreement. The idea that all information imparted within a retainer is confidential is impracticable. Often, much of that information is communicated so that it can be disclosed to dispose of a matter, claim, or legal issue.
For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, a 40% contingency fee if the case settles after the lawsuit is filed, or up to 45% if the lawsuit goes to trial.
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