ALF uses this money to fund community organizations that provide projects for the public good. An example of one project is this website! If you have a separate interest-bearing trust account with your lawyer, you receive the interest on that account.
Ask your lawyer about separate interest-bearing accounts. Sometimes money is in a trust account for a short period and the interest earned does not outweigh the cost of setting up a new account. Some lawyers will agree to be paid for their services at the end of a transaction or periodically without taking a retainer. Another option is a contingency fee agreement, which is most common in personal injury cases. A third option is a limited scope retainer, where a lawyer does only some tasks on the file and you do the rest.
See above for more information about contingency fee agreements and limited scope retainers. You can discuss your concerns with your lawyer. This website provides general legal information only.
It does not provide legal or professional advice. See Disclaimer for more information. Copyright Legal Resource Centre of Alberta. A retainer refers to two things: A written agreement contract between you and the lawyer that forms a solicitor-client relationship. This is a retainer agreement. Money you pay to a lawyer to secure their services. This money is a deposit on future legal fees and expenses the lawyer will incur on your behalf.
This is a retainer fee. Last updated: February What is a retainer agreement? Usually your lawyer has full authority to act for you. They must follow your instructions unless your instructions are unethical or illegal on important steps, such as going to court or accepting a settlement offer.
Sometimes you might hire a lawyer on a limited scope retainer. In this case, the retainer agreement must set out exactly what work the lawyer will be responsible for. You will be responsible for all other steps in the court action. See the question below for more information on limited scope retainers.
The lawyer might charge you a flat fee for their work or by the hour. If they charge you by the hour, the agreement must say what their hourly rate is. The agreement should also say what the costs are for the services of legal assistants or other employees of the lawyer who work on your file. Last updated: February What is a retainer fee? Last updated: February What is a trust account? Last updated: February What is a statement of account? Last updated: February How do I find a lawyer? There are many ways to find a lawyer: Ask friends and family for recommendations.
Call or email the Lawyer Referral Service. Run by the Law Society of Alberta, this service will provide you with the names and contact information for three lawyers that may be able to help with your legal issue.
Each lawyer you contact should provide a free half-hour consultation. You should spend this time talking to the lawyers to see if they are a good fit for your legal issue. The lawyers will not give you free legal advice during this time. Talk to service providers.
Ask your intake worker, support worker, etc. Research online. A quick Google search may show lawyers in your area. Be sure to still talk to the lawyer to make sure they are a good fit before you retain them or send them money. Online scammers will try to trick you!
Last updated: February What is a conflict of interest? Last Reviewed: February How do I retain a lawyer? Last Reviewed: February What if I cannot afford a lawyer?
Last Reviewed: February Is a retainer agreement necessary? Last Reviewed: February Why do I have to give my lawyer instructions? Last Reviewed: February What if I do not agree with my lawyer? Last Reviewed: February Can I fire my lawyer? Can I change lawyers? Last Reviewed: February Can my lawyer fire me as a client or refuse to keep representing me?
The Law Society of Alberta Code of Conduct says a lawyer can withdraw if: there is good cause for the lawyer to do so there has been a loss of confidence between you and the lawyer. Does a lawyer have to charge a retainer fee? Last Reviewed: February How much is a retainer fee? Last Reviewed: February How does a lawyer use the retainer fee? Last Reviewed: February Will I only have to pay a retainer fee one time? Last Reviewed: February How do I know how much money is left of my retainer fee?
Last Reviewed: February Do I get my money back if the lawyer does not use the entire retainer fee? Last Reviewed: February What if I owe my lawyer money after the retainer fee is used up? The retainer fee is the amount charged to the client. The agreement must show the basis of the fee in detail.
When appropriate, specific examples can be written down. For example, this includes flat fees for certain cases or projects. Usually, a client will be expected to cover some basic expenses such as filing-related expenses or travel costs. There are also costs that a client will have to pay no matter if the case goes their way or not. Retainer agreements should specify these costs. Anybody seeking legal representation should have at least some form of retainer agreement in writing with their lawyer.
However, many situations benefit from detailed retainer agreements, including:. Essentially, you should consider a retainer when you need access to a lawyer or need them available to you. Having a retainer agreement guarantees you availability and access to your ideal representation of choice.
They can also be a useful tool for budgeting your legal expenses, allowing you to estimate short-term and long-term costs based on the duration and terms of the agreement. However, retainer agreements also carry the risk that you will pay for unused services. Be sure the retainer agreement you are considering adequately fits your need for legal services.
To provide the best representation, we must know you and you must trust us. In my New Jersey family law practice , I require a retainer for all matters unless handled on a flat fee basis. 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.
If the retainer drops below a certain amount, the client is required to replenish it to continue services.
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