Retaining a Lawyer: What Does It Mean?

Lawyers can help with many legal issues, from protecting your civil rights to fighting a multi-million dollar business lawsuit. When facing a legal problem, many clients wonder what “retaining a lawyer” means, both literally and in terms of the relationship formed.

The term “retain” when talking about a lawyer can have many different meanings. Fortunately, you can ask questions before and throughout the representation process to make sure you fully understand your relationship with the attorney and the scope of the lawyer’s responsibilities.

Clarifying the Legal Relationship

You have likely seen TV shows and movies where a character gains all the protections of the attorney-client relationship by putting a dollar into the lawyer’s pocket. These examples are wildly inaccurate.

The attorney-client relationship merely requires two elements: the client requests legal services from the lawyer, and the lawyer agrees to represent the client. However, even this definition has exceptions. A lawyer must keep confidential any client information learned during an initial consultation, even if the client never hires the lawyer.

Once you and a lawyer create the attorney-client relationship, the lawyer owes you the following ethical duties and responsibilities:

• Acting competently in your case
• Handling your matter diligently
• Communicating with you about your matter
• Keeping your communications confidential
• Refraining from doing anything for themselves or other clients that conflicts with your interests

At the same time, you also take on certain responsibilities, such as paying the lawyer’s fee. Although they do not necessarily rise to the level of contractual duties, you should also:

• Speak to the lawyer with complete honesty
• Keep your lawyer updated on your current contact information
• Follow the lawyer’s instructions or let them know when you will not do so
• Stay within the scope of the lawyer’s representation or discuss enlarging
• Accept the lawyer’s decision to decline or terminate your representation

Ideally, you will form a professional and trusted working relationship with your lawyer so both of you strive toward accomplishing your legal goals.

Entering Into a Contractual Relationship With Your Lawyer

Broadly, retaining a lawyer simply means that you have created an attorney-client relationship. In this respect, “retain” means the same as “hire” or “engage.” Most lawyers use a written agreement to create the relationship. This reduces the risk of misunderstandings because it spells out the duties and responsibilities of both the lawyer and the client.

The agreement will contain many terms. You should review all of them carefully before hiring a lawyer. Some terms you might encounter include:

Defining the Specific Services Your Lawyer Will Provide

The scope of representation is a critical term for the agreement. It tells you and the lawyer what to expect from the relationship. For example, a lawyer handling a trucking accident case might agree to:

• File an insurance claim against the trucking company
• Negotiate a settlement with the insurer
• File a lawsuit against the trucking company and represent you through trial

The agreement might exclude representing you during any appeals or handling any related cases, such as medical malpractice against the doctors treating your truck crash injuries. However, as these situations arise, you can modify the scope of the representation by replacing or amending the agreement.

Confidentiality and Trust

The duties of confidentiality and trust arise automatically when you create the attorney-client relationship. The duty of confidentiality prohibits the lawyer from disclosing or using any information learned from you during the representation.

The duties of trust require the lawyer to place your interests ahead of theirs. This duty includes:

• Safeguarding any property you entrust to the lawyer
• Advising you to advance your interests even if the lawyer earns a smaller fee
• Remaining loyal to your interests and following your instructions

 If a lawyer violates these duties, they can face disciplinary proceedings by the Wyoming State Bar and punishment by the Wyoming Supreme Court.

Payment Arrangements

The agreement will set out the payment arrangements. Some clients assume that they must pay a retainer fee when they retain a lawyer, but only some lawyers charge one. These fees refer to amounts paid to a lawyer before they provide legal services.

In cases where you reach an alternative fee arrangement, you might not pay a retainer fee. In most lawsuits, the lawyer charges either an hourly or a contingency fee. An hourly fee compensates the lawyer for the time spent on the case, regardless of the outcome. A contingency fee compensates the lawyer with a percentage of the compensation recovered in a damage award or settlement.

Duties of Representation

The duties of a lawyer’s representation also arise automatically when you create the attorney-client relationship. These duties require the lawyer to provide competent representation and communicate with you about the status of the case. Above all else, the lawyer must follow your instructions and decisions.

Factors to Consider When Retaining Legal Representation

You should consider your goals and pick a lawyer who:

• Agrees with your goals
• Has a strategy for fighting to reach them
• Possesses the skills, knowledge, and experience to implement that strategy

Remember, too, that your case could take several months or even several years to complete. That’s why it’s important to choose a lawyer with whom you feel comfortable establishing a long-term working relationship.

Frequently Asked Questions About Retaining a Lawyer

Here are some answers to questions people ask about retaining attorneys:

What Does It Mean to Retain a Lawyer?

When you retain an attorney, you hire them. Most lawyers formalize the attorney-client relationship with a written agreement.

What Is a Lawyer Retainer?

Broadly, a lawyer retainer refers to the act of creating an attorney-client relationship. It can also refer to a retainer fee charged by some lawyers upon accepting a client’s representation.

Do All Lawyers Charge a Retainer Fee?

No, only some lawyers charge a retainer fee. Many lawyers charge other types of fees to represent clients.

Contact Our Lawyers to Learn More

The process of hiring a lawyer can be confusing. Contact the experienced lawyers at The Spence Law Firm to learn how to retain legal representation for your case and what that relationship entails.