Retainers for a lawyer typically cost between about $1,000 for straightforward work like a simple will and $25,000 or more for complex litigation or serious criminal charges. The exact figure turns on the type of case, the attorney’s experience, and where you live. A retainer is an upfront deposit: the money sits in a trust account, the attorney draws against it as work is performed, and any unspent portion still belongs to you.
Typical Retainer Ranges by Case Type
The numbers below are common ranges, not fixed prices. Attorneys in expensive markets or with niche expertise may quote outside them, and retainers are set by the market rather than by statute. Treat these as starting points for comparing quotes.
Family Law
An uncontested divorce where both spouses agree on the major issues generally runs $2,500 to $6,000. Contested divorces, particularly those involving custody disputes, property fights, or high-asset estates, more often require $8,000 to $25,000 or more. The larger sums account for extended negotiation, discovery, and possible trial time.
Criminal Defense
Misdemeanor charges typically carry retainers of $1,500 to $6,500, covering preliminary hearings and plea negotiations. Felony cases usually start between $5,000 and $15,000, and charges carrying potential prison time push higher. Complex white-collar prosecutions or multi-defendant cases can require $25,000 to $50,000 or more because of the volume of financial records and the length of the proceedings.
Civil Litigation
Business disputes, breach-of-contract claims, and other civil lawsuits often require initial retainers of $5,000 to $15,000. Cases expected to settle quickly sit at the lower end. Cases heading toward depositions, expert witnesses, and trial land at the top of the range or beyond.
Estate Planning
Basic wills can cost as little as a few hundred dollars and rarely involve a traditional retainer; most estate planning attorneys use flat fees instead. A comprehensive plan with a will, living trust, powers of attorney, and a healthcare directive typically runs $2,000 to $5,000 or more. Complex trust structures for high-net-worth clients often start around $5,000 and rise with the number of entities and the tax planning involved.
Small Business Monthly Retainers
Some small businesses pay an outside attorney a monthly retainer for ongoing needs like contract review, employment questions, and regulatory compliance. These arrangements generally cost $500 to $2,000 per month and include a set number of hours, often one to two, with additional time billed at the hourly rate.
What Drives the Number Up or Down
No single formula produces the quote you receive. A few factors combine to set it, and knowing them helps you judge whether a number is reasonable for your situation.
- Attorney experience and reputation. A senior partner with decades of specialized experience usually asks for a larger deposit than a junior associate. Board-certified specialists also charge more.
- Geographic market. Firms in major metropolitan areas charge more than rural practices. Hourly rates for solo and small-firm attorneys have averaged roughly $340 nationally in recent years, while large-firm rates in big cities can exceed $700 per hour.
- Case complexity. A straightforward contract review needs far less upfront funding than multi-party litigation with expert witnesses and heavy document review. More expected hours means a larger deposit.
- Urgency. If you need immediate action, such as an emergency custody order, a restraining order, or representation at an arraignment within days, the attorney may ask for more to prioritize your matter.
Under the ABA Model Rules of Professional Conduct, all legal fees must be reasonable. Rule 1.5 lists factors attorneys should weigh, including the time and skill required, the difficulty of the legal questions, and the customary fee in the local market for similar work.1American Bar Association. Rule 1.5 Fees If a quoted retainer looks wildly out of proportion to the work involved, that rule gives you grounds to push back or get a second opinion.
Retainer Structures You May Be Quoted
Retainers do not all work the same way, and the structure affects when you pay and how predictable the total cost is.
Advance Fee Retainers
An advance fee retainer is a lump sum paid upfront against future hourly billing. The attorney tracks time and periodically moves earned fees from the trust account to the firm’s operating account. The final total is unknown at the start because it depends on how many hours the case takes. This is the most common arrangement for hourly-rate work in litigation, criminal defense, and contested family law.
Evergreen Retainers
An evergreen retainer requires you to keep a minimum balance in the trust account at all times. When billing drops the balance below a set floor, say $2,000, you have to refill it to the original amount before work continues. This structure is common in ongoing litigation. It gives the attorney steady funding and gives you regular visibility into how fast your money is being spent.
Flat Fees
A flat fee is a fixed price for a clearly defined scope of work, such as drafting a will, handling an uncontested divorce, or covering a single hearing. You know the total cost upfront. Flat fees work best when the work is predictable. If complications push the matter beyond the agreed scope, the attorney will usually ask you to sign a new engagement.
When You May Not Need a Retainer at All
Not every case requires paying money upfront. In personal injury, medical malpractice, employment discrimination, and some other civil claims, many attorneys work on a contingency fee. The lawyer takes a percentage of your recovery, typically one-third to 40 percent, and collects nothing in attorney fees if you recover nothing. Contingency agreements must be in writing and must state the percentage clearly.1American Bar Association. Rule 1.5 Fees Even on contingency, you may still owe out-of-pocket costs like filing fees and expert charges.
Unbundled or limited-scope representation is another way to avoid a large retainer. Instead of hiring an attorney for the whole case, you pay for specific tasks: reviewing a contract, coaching you for a hearing, drafting a single motion. You handle the rest yourself, and the cost stays low.
What the Retainer Covers, and What Gets Billed Separately
Your deposit does not always cover only attorney time. Depending on the agreement, the firm may also pull out-of-pocket costs, sometimes called disbursements, from your trust account balance. Common ones include:
- Court filing fees. These vary by jurisdiction. Federal district court charges $350 to file a civil case, while state court filing fees range from under $100 to several hundred dollars depending on the court and the amount in dispute.2Office of the Law Revision Counsel. 28 US Code 1914 – District Court Filing and Miscellaneous Fees
- Expert witness fees. If your case needs testimony from a medical professional, financial analyst, or other expert, expect an upfront retainer to that expert, often $2,000 or more, plus hourly charges for preparation and testimony.
- Deposition and transcript costs. Court reporters charge for recording depositions and producing transcripts, often several hundred dollars per deposition.
- Service of process. Formal delivery of legal documents to the other party typically runs $50 to $150 per service.
- Copying, postage, and delivery. These add up over the life of a case, especially in document-heavy litigation.
Some attorneys build routine costs into their hourly rate, while others pass every expense through. Read the retainer agreement carefully to see which costs come out of your trust balance and which are billed on top.
The money itself, whatever it covers, has to sit in a client trust account separate from the firm’s own bank accounts under the ethical rules that govern lawyers in every state.3American Bar Association. Rule 1.15 Safekeeping Property It remains yours until the attorney earns it. As hours are logged, the firm generates itemized invoices, usually monthly, and only then moves the earned amount to the operating account.
What Happens When the Retainer Runs Out
If your balance hits zero and the case is not finished, the attorney will ask for more money. With an evergreen retainer, replenishment is built into the agreement. With a standard advance retainer, the attorney will tell you the deposit is exhausted and request additional payment before continuing.
If you cannot or do not pay, the attorney is allowed to withdraw, provided the proper ethical steps are followed. ABA Model Rule 1.16 permits a lawyer to withdraw if you fail to meet a substantial financial obligation after reasonable warning.4American Bar Association. Rule 1.16 Declining or Terminating Representation The attorney has to give reasonable notice, allow time for you to find a new lawyer, and return your files and any unearned fees. In active litigation, the attorney may also need the court’s permission before stepping away.
An attorney who has done substantial work but has not been fully paid may assert a charging lien, a legal claim against any future settlement or judgment in your case. The lien gives the lawyer the right to be paid from the proceeds before you receive your share. This comes up most in contingency and personal injury cases, but it can arise anywhere fees remain unpaid.
Getting Unused Money Back
If your case ends with money left in the trust account, the attorney has to return the unearned balance to you promptly.3American Bar Association. Rule 1.15 Safekeeping Property Most firms provide a final accounting that itemizes every charge, giving you the chance to verify that your money went to authorized work and expenses.
This refund right applies no matter how the case ends. Whether you won, lost, settled, or dropped the matter, any advance fee the attorney did not earn belongs to you. The obligation to refund unearned fees does not depend on why the representation ended, whether the lawyer finished the work, you fired the lawyer, or the lawyer withdrew.4American Bar Association. Rule 1.16 Declining or Terminating Representation Be cautious of any agreement that labels the entire retainer as “nonrefundable.” Most state bars prohibit or strictly limit that practice because it conflicts with the rule that unearned fees belong to the client.