By Joshua Wilson, Attorney at Higher Level Legal
Your lawyer cannot tell you exactly what your case will cost because the cost depends on work that has not happened yet. How the other side responds, how many issues stay in dispute, and how many court dates the case needs all change the total.
That is why Higher Level Legal starts most cases with a retainer fee, an advance payment that fees are drawn from as the work is done. This article explains how a retainer works, what an evergreen retainer is, and what you can do to keep your case cost down.
Why Can’t a Lawyer Quote One Price Up Front?
A lawyer cannot quote one price up front because the amount of work in a case is not known on the first day. Two divorces filed in the same court on the same day can take very different amounts of time.
These factors decide how much work a case takes:
- The other side: A spouse, parent, or prosecutor who agrees early creates far less work than one who contests every issue.
- The number of disputed issues: Custody, child support, property, and debt each add work when they stay in dispute.
- Discovery and records: Financial disclosures, police reports, and other records all take time to gather and review.
- Court dates: Every hearing, conference, and trial setting adds preparation and time in court.
- Outside professionals: A guardian ad litem, a custody evaluator, or an expert witness adds work and separate costs.
- Settlement or trial: A case that settles takes less work than one that goes to trial. Our article on settlement versus going to court explains the difference.
A single price promised before those facts are known would be too high for a simple case or too low for a hard one. A retainer lets the cost follow the work your case actually needs.
What Is a Retainer Fee?
A retainer fee is money a client pays a lawyer in advance, before the work is done. Under Missouri Supreme Court Rule 4-1.15(c), a lawyer deposits fees paid in advance into a client trust account and withdraws them only as fees are earned or expenses are incurred.
A retainer is not the price of the case. It is a deposit that the work on your case is drawn against, and it stays your money until it is earned.
What Is an Evergreen Retainer?
An evergreen retainer is a retainer the client replenishes as fees are drawn down, so funds stay available for the next stage of the case. Higher Level Legal uses evergreen retainers for family law and criminal defense cases, and clients replenish weekly in smaller amounts instead of one large payment.
Here is how an evergreen retainer works at Higher Level Legal:
- You pay the starting retainer when you hire the firm.
- Work is billed hourly and drawn from the retainer as it is done.
- You replenish the retainer weekly in smaller amounts, instead of waiting for it to run out and paying one large sum, so the case keeps moving without a gap in funds.
- Any part of the retainer that has not been earned when the case ends is refunded.
A case that settles quickly may never need more than the starting retainer. A contested case that runs long costs more than its starting retainer, because the work continues.
Many clients also ask whether AI will lower legal fees. The short answer is not yet.
How Much Is a Retainer at Higher Level Legal?
Higher Level Legal sets the starting retainer by the type of case:
- Uncontested divorce, custody, or modification: $3,500 retainer.
- Contested divorce, custody, or modification: $5,000 to $7,500 retainer.
- DWI and felony defense: starts at $5,000.
- Misdemeanor defense: starts at about $1,500, depending on the specific charge.
Hourly rates at Higher Level Legal range from $250 to $500 per hour, depending on the attorney handling the work.
Our cost guides break down each type of case, starting with how much a divorce costs in Missouri.
Is a Retainer Fee Refundable in Missouri?
Yes, any part of a retainer that has not been earned is refunded. Under Missouri Supreme Court Rule 4-1.16(d), a lawyer whose representation ends must refund any advance payment of fee or expense that has not been earned or incurred.
The money a lawyer has already earned for work done is not refunded. Your fee agreement explains how the work is charged against the retainer.
Why Don’t Divorce and Criminal Lawyers Work on Contingency?
Missouri does not allow contingency fees in divorce or criminal defense. Missouri Supreme Court Rule 4-1.5(d) bars a fee in a domestic relations matter that depends on securing a divorce, and it bars a contingent fee for defending a criminal case.
A contingency fee is a share of money recovered, which is common in personal injury cases. Divorce, custody, and criminal cases are paid through a retainer instead.
How Can I Keep My Legal Costs Down?
The most effective way to keep legal costs down is to reduce the work your case needs. Most of these steps are in your control:
- Agree where you can: Every issue settled with the other side is an issue that does not need a hearing.
- Get organized early: Gather pay stubs, tax returns, and account statements before your lawyer asks. Our guide to divorce financial statements lists what to collect.
- Consider mediation: Mediation can resolve issues without a contested hearing. Read about having a lawyer during mediation.
- Stay off social media: Posts about the case can create new disputes. See how social media can affect your case.
- Ask about fee shifting: Under RSMo 452.355, a Missouri court can order one party to pay part of the other party’s attorney fees in a family case. Read more about getting legal costs from the other party.
What Should I Ask About Fees at My Consultation?
Missouri Supreme Court Rule 4-1.5(b) calls for the scope of the representation and the basis of the fee to be communicated to the client, preferably in writing. These questions help you understand your fee agreement before you sign it:
- How much is the starting retainer for my type of case?
- How is work charged against the retainer?
- When will I need to replenish it?
- Are court filing fees and other expenses included, or paid separately?
- What happens to any unearned money when my case ends?
Our article on what to expect at your initial consultation explains what to bring and how to prepare.
Retainer Fee FAQ
Why can’t my lawyer tell me exactly what my case will cost?
The cost of a legal case depends on work that has not happened yet, including how the other side responds, how many issues stay in dispute, and how many court dates the case needs. A single price promised before those facts are known would be too high for a simple case or too low for a hard one.
What is a retainer fee?
A retainer fee is money a client pays a lawyer in advance. Under Missouri Supreme Court Rule 4-1.15(c), a lawyer deposits fees paid in advance into a client trust account and withdraws them only as fees are earned or expenses are incurred.
What is an evergreen retainer?
An evergreen retainer is a retainer the client replenishes as fees are drawn down, so funds stay available for the next stage of the case. Higher Level Legal uses evergreen retainers for family law and criminal defense cases, and clients replenish weekly in smaller amounts instead of one large payment.
Is a retainer fee refundable in Missouri?
Yes. Under Missouri Supreme Court Rule 4-1.16(d), a lawyer whose representation ends must refund any advance payment of fee or expense that has not been earned or incurred.
How much is a retainer at Higher Level Legal?
At Higher Level Legal, an uncontested divorce, custody, or modification case starts with a $3,500 retainer, and a contested case starts with a $5,000 to $7,500 retainer. DWI and felony defense start at $5,000, and misdemeanor defense starts at about $1,500. Hourly rates range from $250 to $500 per hour, depending on the attorney.
Schedule a Consultation About Your Case
Higher Level Legal handles family law and criminal defense cases throughout Cass County and the Kansas City metro from our Raymore office. During your consultation, we review the facts of your case and explain the expected cost and how your retainer works.
Call (816) 331-9968 or Schedule a Consultation online.
