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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 United States is a notable exception, operating under the American rule, whereby each party is generally liable only for costs (e.g., filing fees, motion fees, fees for service of process, etc.) but not the other side's attorney's fees unless a specific statute or rule of court provides otherwise. [28]
Hence, the professional rules seem to imply that information gained in connection with the legal retainer is deemed confidential. However, though the rules emphasise the importance of the duty of confidentiality, this is not a hard rule. Not all information connected with the retainer meets the legal test of confidentiality.
Lawyers are paid for their work in a variety of ways. In private practice, they may work for an hourly fee according to a billable hour structure, [183] a contingency fee, [184] or a lump sum payment. Normally, most lawyers negotiate a written fee agreement up front and may require a non-refundable retainer in advance. Recent studies suggest ...
In the English legal system, a contingent fee is generally referred to as a conditional fee agreement (CFA) or, informally by the public and press, as "no win no fee". The usual form of this agreement is that the solicitor will take a law case on the understanding that if lost, no payment is made.
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Matthew Muller -- who pleaded guilty in the 2015 kidnapping and sexual assault of Denise Huskins -- was charged in connection with two other home invasions from 2009, the Santa Clara County ...