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Retainer Fees

Our firm charges two types of retainer fees: fees based on an hourly rate and flat fees.  Here is a brief explanation of each kind of fee:

  • In Ohio, an attorney retainer fee is an upfront payment to secure legal services, acting as a deposit held in trust (IOLTA account) for future work, covering hourly fees or initial costs, with the lawyer earning it as work is performed, and any leftover funds must be returned. This fee reserves the lawyer's time and availability, with amounts varying by case complexity, lawyer experience, and local rates, and often requires replenishment (an "evergreen retainer") as it's used. A detailed fee agreement is crucial for clarity, differentiating retainers from flat fees or non-refundable payments, ensuring transparency and adherence to Ohio's ethical rules. Our firm charges a retainer fee based on an hourly rate of $250.00 per hour for cases like divorce, dissolution, custody or child support matters and other kinds of cases where ethical rules require.

    Key Aspects of Retainers

    • Purpose: To secure the attorney's time, expertise, and commitment for a case, ensuring they're available and preventing conflicts.

    • Trust Account (IOLTA): Money is held in a special client trust account, not the lawyer's operating account, until earned.

    • Earning the Fee: The attorney bills against the retainer for hours worked or expenses incurred; it's not automatically earned upon payment.

    • Replenishment ("Evergreen"): Many retainers require the client to add funds back to the account as they spend it, keeping it full for ongoing work.

    • Refunds: Any unearned portion of the retainer must be returned to the client at the end of the engagement. 

    Types of Fees vs. Retainers

    • Retainer vs. Flat Fee: A retainer isn't a flat fee (a single price for a specific task) but an advance payment for services that may be billed hourly.

    • Retainer vs. Non-Refundable: An "unearned" retainer is refundable; only earned fees become non-refundable. 

    What to Expect concerning your retainer fee

    • Fee Agreement: You'll sign a written agreement detailing the rate, retainer amount, billing cycle, and how funds are handled.

    • Factors Influencing Cost: Attorney experience, case complexity (contested divorce vs. simple dissolution), and local rates (e.g., $250-$350/hour common in Dayton).

    • Transparency is Key: Ask questions about the fee agreement to understand when and how your money is being used. 

  • In other kinds of cases we charge a “flat fee” or a “flat rate”.  These are typically criminal cases.  The advantage of a flat fee is that the client knows exactly how much they will be charged regardless of the amount of time utilized by the attorney.  Usually there is a retainer fee and then a “trial fee” if the case goes to a full trial before a Judge or a Jury which is collected before that trial.

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    In Ohio, a flat fee retainer means paying a single, fixed price for specific legal work instead of hourly rates, offering cost certainty; the fee must be clearly defined in writing, placed in a trust account unless explicitly "earned upon receipt" (with client refund rights for unearned portions), and must not be excessive, ensuring predictable budgeting for predictable legal tasks. 

    Key Aspects of Flat Fee Retainers:

    • Fixed Cost: A set amount for a defined scope of work, regardless of hours spent.

    • Predictable Matters: Ideal for routine, predictable tasks (e.g., simple estate planning, traffic tickets, uncontested divorces).

    • Written Agreement: Requires a clear written fee agreement detailing the services covered and payment terms.

    • Trust Account (IOLTA): By default, the fee goes into a client trust account (IOLTA) and the lawyer withdraws it as earned.

    • "Earned Upon Receipt": If a fee is designated "earned upon receipt," it becomes the lawyer's money immediately, but the client must be informed in writing that they're entitled to a refund for any unearned portion if representation ends early.

    • Not Excessive: The fee must be reasonable and not excessive under Ohio's Professional Conduct Rules.

    • Client Protection: The Ohio Board of Professional Conduct emphasizes that clear agreements prevent disputes, ensuring clients know their rights, especially regarding refunds for incomplete work. 

    Examples of Services:

    • Drafting wills, powers of attorney, prenuptial agreements.

    • Uncontested divorces or dissolutions.

    • Handling serious traffic offenses or misdemeanors and felonies.

    • Writing specific letters or handling routine contract drafting. 

    Contrast with Hourly Billing:

    • Hourly billing is used for complex, unpredictable cases (contested divorces, civil litigation) where time is hard to estimate.

    • Flat fees offer budget certainty, while hourly rates track actual time spent. 

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