A retainer for a lawyer is a fee paid upfront by the client to secure the services of an attorney. It essentially "reserves" the time and expertise of a lawyer, making them accessible to the client for an agreed-upon time. The amount of the retainer fee can vary and may be a flat fee or an hourly rate. There are different types of retainers, including:

• General Retainer: This type of retainer is a payment made to reserve an attorney or law firms time. It is not considered a deposit for legal services or prepayment of legal services. When a client pays a general retainer, they still must pay separately for any legal services they actually need. But, the retainer guarantees the lawyer or firm will be there for the client if they require their assistance.

• Security Retainer: This type of retainer is money that a client deposits for the performance of future legal services. With this type of retainer, the attorney does not get to keep the money until they actually provide the services requested. The goal of a security retainer is to ensure that funds are available to pay the lawyer and firm. When the security retainer is paid, it goes into a trust, and not to the lawyer.

• Advance Payment Retainer: This type of retainer is similar to a security retainer in that the money paid is intended to buy access to specific legal services. Unlike with a security retainer, though, this money does not necessarily have to go into a special account. Instead, the funds are simply prepayment for the legal work requested.

A retainer is the client’s way of guaranteeing to the lawyer that they are financially able to employ the lawyer’s services and are committed to funding the matter. The retainer fee is deposited into a trust account and remains there until the lawyer has earned it. The retainer still belongs to the client until it is earned by the attorney or used for legitimate expenses, and must be returned if unused. A retainer is an important way that the attorney and client establish a trusting relationship. By funding a retainer, the client is indicating that they can trust that the attorney will hold their funds for them.