A retainer is typically paid upfront and held in a trust account, with the lawyer drawing down against it as hourly work is billed and itemized over the course of the case.

In ongoing matters, some agreements use an "evergreen" retainer, where the client is asked to replenish the balance once it drops below a certain threshold, keeping a consistent buffer of funds available for continued work.

A retainer is different from a contingency fee, where the lawyer is paid a percentage of any recovery and generally receives nothing if the case doesn't succeed, and from a flat fee, which covers a defined scope of work for one set price regardless of hours spent.

Litigation retainers are common in matters billed hourly, such as much defense-side work, while contingency arrangements are more typical in plaintiff-side personal injury and similar cases.

Because a retainer generally consists of client funds held in trust rather than money the lawyer has already earned, any unearned portion is typically expected to be refunded once the representation ends, consistent with professional conduct rules governing client funds.

Clients can generally request an itemized accounting showing how the retainer was billed against, which helps confirm exactly what was earned and what remains unused.

Before paying a retainer, ask about the hourly rate being billed against it, how and when the retainer will need to be replenished, and what the firm's refund policy looks like if the representation ends early.

It also helps to clarify which costs, such as filing fees or expert charges, are covered by the retainer versus billed separately, so there are no surprises once the case is underway.