A retainer is a contract you sign at the worst possible moment — stressed, relieved someone has taken your case, and unlikely to read eight pages of it carefully. Every term in it governs the next two years.
This walks through the clauses that matter, explains what each does in plain terms, and flags which ones firms routinely adjust if asked. It is not a warning list: most retainers are perfectly reasonable. The point is to sign knowing what you agreed.
What is inside
- Fee structure and every tier that could apply
- Whether the fee is taken on the gross or after costs — and why it matters
- Case costs: who advances them, who owes them if you lose
- Scope: what is included and what triggers a new agreement
- Who does the work, and whether the case can be referred out
- Settlement authority and your right to decide
- Termination: what you owe if you change counsel
- Lien language and how medical bills get handled
- Communication commitments and file access rights
How to use it
Read it before the meeting where you sign
Ask for it in advance. A firm that will not send it ahead is telling you something.
Mark the clauses you want explained
Then ask about all of them at once rather than clause by clause.
Get changes in writing
A verbal assurance that differs from the document is worth very little later.
Common questions
Can I really negotiate a retainer?
Some terms, yes — the contingency percentage, cost handling and the scope are commonly adjusted, particularly where liability is clear and the case is likely to settle without suit.
What if I have already signed one?
You can still ask questions, and you generally retain the right to change counsel. Our fee dispute overview covers what to do if the disagreement is about money already charged.