Q. What is a Family Law Retainer Agreement and When Is It Required?
Retainer Agreement is a written contract between you and your divorce lawyer. The California Bar requires that any agreement for services where fees are to be charged in excess of $1,000 must be memorialized by a written Agreement, and the Client must receive a copy. Business and Professions Code, section 6148.
It describes what types of services the attorney agrees to perform, office practices, billing rates and practices, and how any fee disputes will be resolved between you.
For the agreement to be enforceable by the attorney as to the hourly attorney fee rate and the charges incurred, it must state whether or not they maintain legal malpractice insurance. California Rules of Professional Conduct, Rule 3-401.