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No retainer meaning

  • Bubblegum11
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01 Jun 17 #492782 by Bubblegum11
Topic started by Bubblegum11
Please could I get some interpretations of the following statement with regards to "there is no retainer" - what exactly does this mean in this context?

"You can use your Barrister for as much - or as little - as you want, need or can afford. There is no retainer and all services are tailor made to your requirements."

Second question, what is the difference between a retainer and a non refundable advance payment fixed fee?

Thanks
B

  • hadenoughnow
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01 Jun 17 #492784 by hadenoughnow
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I don't think there is much difference between the two. A retainer means you pay to retain their services.

It sounds like this barrister is operating flexibly and will work with you as you need.

Hadenoughnow

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01 Jun 17 #492787 by Bubblegum11
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Yes, indeed.
Only an advance non refundable fixed fee for a hearing doesn't exactly leave room for flexibility. Surely it just acts as a retainer for the barrister to be paid regardless of whether they are required to attend a hearing or not? I find the statement rather misleading.

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01 Jun 17 #492798 by hadenoughnow
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I guess the difference is that if they are booked for a specific date, they are reserving their time for you and cannot accept other work on that day.

They are freelancers after all.

  • .Charles
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02 Jun 17 #492802 by .Charles
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The flexibility of a fixed fee is that you know how much you are going to pay for that hearing. It is like buying a concert ticket only to find out on the day of the concert that you cannot go and cannot obtain a refund. Disappointing but at least you pay no more money.

A retainer is usually between solicitor and client where the solicitor accepts instructions to carry out work and has to continue to do so as a solicitor cannot usually end that retainer - only the client can.

There are certain circumstances where the solicitor can end the retainer such as when a client fails to pay bills or provide reasonable monies on account of fees, when a client misleads the solicitor causing a breakdown in the solicitor/client relationship or if the client gives instructions that are improper e.g. to lie or prepare a 'false document'.

Charles

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02 Jun 17 #492819 by Bubblegum11
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Thank you .Charles and Hadenoughnow. You've both been very helpful. Having a different perspective has really helped. :)

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