What is a Retainer-Cost Agreement?

Table of Contents

Share at:

A retainer is simply an agreement, it is evidenced through writing, verbally or concluded by the conduct of the parties to the relationship. A retainer is essentially an agreement between you and your lawyer setting out the services that will be performed as well as the estimated costs involved.

How is a Retainer Created?

In order for a retainer to exist, there must be some kind of consideration. That is, a price that is offered in exchange for the lawyer’s services. Further, a retainer must have been created with the intention that you and the lawyer will enter into a legally binding relationship. In doing so the retainer must adhere to the statutory formalities such as those set out in the Legal Professions Act 2004.

For instance, the issue of how and when a client first instructs a law practice is considered under s306. Here, it establishes that it is when the law practice receives instructions from the client. In addition, to these requirements it must be acknowledged that the client must have the ability to enter into the retainer for it to be valid. Finally, the lawyer must have the full consent of the client to enter into the contract.

What are the Lawyer’s Duties Under a Retainer?

The duties under a retainer are the following:

  • Confidentiality of your information
  • The duty to the court and the proper administration of justice
    • Lawyers are not to advise or allow you to act in a manner that would be in breach of the law or mislead the court
      Avoid potential and/or conflicts of interest
  • Comply with statutory and regulatory requirements as to costs and maintaining a professional relationship and sufficient objectivity to ensure that you are afforded proper advice

Unsure about Confidentiality Agreements? You can create your Confidentiality Agreement for Free at Lawpath.

When can retainers be terminated?

The Solicitors Rules in particular rule 13, sets out circumstances in which retainers may be terminated:
Lawyers must ensure completion of the legal services unless:

  • You otherwise agreed
  • The law practice is discharged
  • The law practice terminates the engagement for just cause and on reasonable notice; or
  • The engagement comes to an end by operation of law

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What Is a Grandfather Clause? Meaning, Examples and Business Uses

Find out everything you need to know about grandfather clauses and the many ways they might impact your day to day business.
Statute of limitations explained in Australian law

What is Statute of Limitations in Australia?

Have you ever wondered whether there is a statute of limitations in Australia? Read this article to find out.

What Is Capital Gains Tax (CGT)? A Guide for Small Business Owners

Navigating capital gains taxes in Australia? This is your comprehensive guide on what triggers CGT, how to plan for it, and mistakes to avoid.

Do I Need to Display My ABN on My Business’s Website?

Businesses need to display certain details on their websites. Find out if you're legally required to display your ABN in this article.

Consultant and Contractor – What’s The Difference?

Discover the difference between a consultant and contractor. How can they help your business?

Top 10 Cities to Start a Business in NSW (FY26)

Understand the rules, benefits, and risks around income splitting in Australia. Ensure tax compliance from day one.