Written by attorneys · grounded in primary & secondary sources — see below
An advance payment or engagement fee that a client provides to secure a lawyer's availability and commitment to perform legal services on a specified matter.
Sources & Authorities
How it applies
Common Examples
2
Consultation Creates Relationship
Rachel Ramirez met with attorney Riley Rivera to discuss a potential personal injury claim. Rivera evaluated the facts during the meeting and advised Ramirez on next steps but never requested or received any payment. When the statute of limitations expired without further action or warning from Rivera, Ramirez sued for malpractice. The court held that an attorney-client relationship had formed through the consultation and reliance, imposing a duty of care despite the absence of any retainer.
No Payment Required for Relationship
Rosalind Reed consulted attorney Roberto Reyes about estate planning documents. Reyes provided specific advice on will drafting and asset protection during the meeting. Reed relied on that advice and took no further steps to retain other counsel. When a dispute later arose over whether an attorney-client relationship existed, the court found that the relationship had formed even though Reed had neither paid nor been asked to pay a retainer.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Study Supplements
Dictionaries
Attorney Grievance Comm’n of Md. v. Brooke821 A.2d 414 (Md. 2003)
Common questions
Frequently Asked
4
Does payment of a retainer always create an attorney-client relationship?+
No. While a retainer payment is strong evidence of the relationship, the relationship can form without any payment when a lawyer gives legal advice during a consultation and the prospective client reasonably relies on it.
Supporting sources
What happens if a client pays a retainer but the lawyer never performs services?+
The lawyer must return any unearned portion of the retainer. The payment secures availability and begins the relationship, but fees are earned only as services are actually provided.
Supporting sources
Can a broad retainer agreement obligate a lawyer to perform tasks not expressly listed?+
It depends on the parties' manifested assent. Courts examine the written retainer, oral statements, and industry custom to determine whether a specific task such as drafting complex documents falls within the agreed scope.
Supporting sources
Is a written retainer required before a lawyer may limit the scope of representation?+
A written retainer is not strictly required, but a signed document that clearly states the limitation and obtains the client's informed consent provides the strongest evidence that the limitation is reasonable and enforceable.
Supporting sources
Business Associations Agency and PartnershipAgency relationships · CreationUBEIntermediate