What is a retainer?
A retainer has two common meanings when you hire a lawyer: money paid up front toward legal work, or the signed agreement that hires the lawyer, often called a retainer agreement. The State Bar of California says a retainer can mean different things to different people and to understand your agreement. In injury cases it usually means the fee agreement.
Last checked November 9, 2026 · Official sources (5)
What does a retainer look like in an injury case? An example
Example: after a motorcycle crash, you meet a lawyer who says, "Sign the retainer and we will get started." There is no check to write. The document you sign is a retainer agreement that sets a contingency fee, say one-third of any recovery, explains who pays case costs, and lets the lawyer contact the insurers for you.
Compare a different matter, like a business dispute billed by the hour: there a lawyer might ask for a $5,000 retainer deposit and bill time against it until it runs out. Both use the same word for very different money. The amounts here are only examples.
Why does the meaning of retainer matter to you?
If an injury lawyer asks for a large upfront payment, ask what it is for and whether any of it comes back. A retainer fee is sometimes a down payment that legal fees are subtracted from until it is used up. Other times it is a fee just to reserve the lawyer's time.
Know whether it is refundable. The State Bar of California warns that with a nonrefundable retainer you may not get your money back even if the lawyer does not handle your case or finish the work.
How does Arizona treat nonrefundable retainers?
Arizona does not let a lawyer label a fee "earned upon receipt" or "nonrefundable" unless the client is told in writing at the same time that the client may still discharge the lawyer at any time and may be owed a refund. Other states set their own rules, so read the agreement for the words refundable, nonrefundable and earned on receipt.
Retainer vs. contingency fee
A retainer, in the money sense, is paid before the work. A contingency fee is paid only from a recovery, if there is one. In injury law the two meet in the retainer agreement: the contract that hires the lawyer on a contingency fee.
Questions
Do personal injury lawyers charge a retainer?
Most work on contingency, which the ABA says is used most often in personal injury cases. You still sign a retainer agreement.
Can I get a retainer back if I fire my lawyer?
It depends on the agreement and the state. In Arizona, even a fee called nonrefundable can come with a written right to a refund.
Find out if you are owed money.
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See if I’m owed moneySources (5)
- State Bar of California, checked 2026-11-09. “A retainer can mean different things to different people. Make sure you understand your retainer agreement.”
- American Bar Association, checked 2026-11-09. “Lawyers and clients use this arrangement only in cases where money is being claimed— most often in cases involving personal injury or workers' compensation.”
- Arizona Rules of Professional Conduct, ER 1.5(d)(3) (State Bar of Arizona), checked 2026-11-09. “a fee denominated as "earned upon receipt," "nonrefundable" or in similar terms unless the client is simultaneously advised in writing that the client may nevertheless discharge the lawyer at any time”
- State Bar of California, checked 2026-11-09. “a retainer fee is sometimes considered a down payment on legal services that the client will need. This means the legal fees will be subtracted from the retainer until the retainer is used up.”
- State Bar of California, checked 2026-11-09. “If the fee agreement is a nonrefundable retainer agreement, you may not be able to get your money back, even if the lawyer does not handle your case or complete the work.”