Because family law cases are entirely unpredictable, most lawyers require a retainer. Retainers are best understood as a down payment for future services rendered by the lawyer. Before you sign on the dotted line, be sure to ask your lawyer these 15 questions about how their retainer fees work. Be informed now, so you are not surprised later.

1. What is the retainer amount?

2. What is the lawyer’s hourly rate?

3. Will the lawyer’s hourly rate increase?

When was the last increase and what was the amount of increase? Some cases can take years to complete. In the middle of the case, the lawyer’s hourly rate may increase for all clients due to the lawyer’s demand and credentials.

4. In what hourly increment do you bill?

5. Is the retainer refundable?

6. How are travel costs calculated?

7. What are printing costs?

Some firms have a monthly printing fee in lieu of a per page fee because it is more expensive to charge you the time it takes a legal assistant to sit there and count the amount of printed pages.

8. Are there bank fees or maintenance fees (since the retainer is sitting in a bank account)?

9. What are the paralegal rates? Legal assistants? Associate attorneys? Senior attorneys?

10. What balance must I maintain in my retainer at all times?

11. How much must be in my retainer before a hearing, mediation, or final trial?

12. How long do I have to replenish my account if/when it dips below the threshold?

13. What is the penalty if I do not replenish within the timeframe?

14. When will I receive an invoice for the services rendered?

15. Will I be notified of expenses or will I only be notified of individual expenses over a certain amount?

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