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Contract Glossary

Retainer

Definition

A retainer is an upfront payment to lock in someone's services. You pay in advance, and they apply the retainer against future work. It guarantees availability for you and steady cash flow for them.

In Practice

You put a lawyer on a $5,000/month retainer. They bill at $400/hour, so the retainer covers about 12.5 hours of work per month. If you only use 8 hours, what happens to the remaining $1,400? That depends on the contract. Some retainers are 'evergreen' — unused hours roll over. Others are 'use it or lose it.' Some are fully refundable if you terminate; others aren't. Read the retainer terms carefully — the word 'retainer' doesn't have a single legal meaning.

Common in these contract types

ConsultingServicesFreelance

Frequently asked questions about retainer

It depends on the agreement. 'Earned-upon-receipt' retainers are non-refundable — they compensate the provider for being available, regardless of whether you use them. 'Advance payment' retainers are applied against future bills and any unused portion should be refundable. Check which type your contract uses before paying.

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This content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.