What Is a Retainer in a Divorce?
If you are looking for an attorney to represent you in a divorce case, you need to be prepared to pay a retainer for her services. You will have to pay the retainer up front before your lawyer will represent you. So you should fully understood the financial requirements of retaining a divorce attorney.
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Function
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A retainer agreement in a divorce case is the initial payment you make to your lawyer. Don't mistake the retainer for a "flat fee." Unlike a flat fee, a retainer is not the total fee your lawyer will charge to represent you in a divorce case; it is just the initial payment, which your lawyer will use to cover his early expenses.
Time Frame
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A typical attorney requires that you pay the full retainer before she begins to work for you. Some attorneys will allow you set up a payment or installment plan, but even if your lawyer permits this, you need to be aware that you have only a limited time to pay in full.
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Features
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When you pay a retainer in a divorce case, your attorney must place that payment in a trust account. As your lawyer works on the case, he lets you know how much time he is spending and draws down the trust account appropriately. When the retainer is used up, he will either begin to charge you on an hourly basis or ask for another retainer payment.
Size
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If you are looking for a divorce lawyer, you need to understand what kind of retainer a particular lawyer will require; any two lawyers may have different requirements. While you do not necessarily want the cheapest divorce lawyer in town, you will want to find one who offers services at a reasonable and competitive price.
Written Agreement
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Make sure you get a written fee agreement. The days of engaging legal services based on a handshake are long gone. You need a written agreement that specifies the retainer to be made and how much your attorney will charge you. Both you and she need to sign the agreement. Keep in mind that if there is a problem about fees, the local bar association or attorney regulatory agency likely will have a committee designed to independently address fee-related disputes.
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