Making Me Pay Upfront (Retainer Agreement)
A retainer fee is a deposit you pay to your lawyer for future services and expenses. Limited licensees may not accept retainer fees in advance.
A lawyer may refuse to assist you, or to do more work for you, unless you can pay a retainer. This is not misconduct and, in fact, lawyers are advised to get retainers from clients so that they do not end up in a debtor/creditor relationship with the client if future bills are not paid.
A retainer fee is acceptable if you enter into a written retainer agreement with the lawyer that:
- Clearly states:
- the term of the agreement;
- whether any further fees or disbursements will be charged; and
- what specific matters or work are covered by the agreement.
- Does not mislead clients in any way about the services covered by the agreement.
See Rule 1905 of the Law Society of Saskatchewan Rules for more information.
Your lawyer will send you bills, which will be paid out of the retainer. The lawyer may also ask you to “refresh” the retainer. This means to provide a further deposit if the retainer is used up before the matter is concluded. At the conclusion of services, if there is money left from your retainer, your lawyer is required to return it to you.
If a limited licensee requested retainer fees in advance, or you believe a lawyer is inappropriately requesting retainer fees, submit a complaint.
Common Questions:
If you are worried about paying for a lawyer or limited licensee, ask about fees and payment plans. Some may offer limited scope legal services, which can lower costs.
You may also have Legal Expense Insurance through your home or other insurance. Ask your insurance broker. This type of insurance may give you access to a helpline and cover some legal costs.
If you cannot afford a lawyer or limited licensee, you may qualify for help through Legal Aid Saskatchewan or a pro bono program (free legal help).
Legal Aid
Legal Aid Saskatchewan provides legal services in the areas of family and criminal law to low-income individuals. Visit www.legalaid.sk.ca for more information.
Pro Bono Legal Services
Pro Bono Law Saskatchewan provides free legal services in Saskatchewan to people who financially qualify. Visit www.pblsask.ca for more information.
Community Legal Assistance Services provides free legal services in Saskatoon to people who financially qualify. Visit www.classiclaw.ca for more information.
You may also see the Finding Legal Assistance page on the Law Society website.