6012, or email attorneys want to charge a fee to ensure their availability, and an attorney can charge a retainer as defined in SCR 20:1.0(mm) at the time of engagement to fulfill this goal. Visit the Law Practice Management area at regularly for practice management guidance. He assists lawyers in improving their efficiency in delivering legal services and in implementing systems and controls to reduce risk and improve client relations. Petro Jr., Northern Illinois 1988, is the advisor to the State Bar of Wisconsin Law Office Management Assistance Program (Practice411TM).
Another critical point is that what this nonrefundable payment is called isn’t important how the payment itself is treated is the controlling factor. Referrals to Practice411™, the State Bar of Wisconsin Law Office Management Assistance Program, demonstrate that using such language will result in the Office of Lawyer Regulation (OLR) taking issue with the fee or representation agreement if a client files a grievance for that or any other reason. Fee or representation agreements that provide for a nonrefundable retainer or fee that the attorney will bill against for legal services provided to the client are strictly prohibited. Such a retainer is earned when paid and guarantees an attorney’s availability for representation only, nothing more. A retainer becomes the property of the lawyer upon receipt, but is subject to the requirements of SCR 20:1.5 and SCR 20:1.16(d). This amount does not constitute payment for any specific legal services, whether past, present, or future and may not be billed against for fees or costs at any point. (mm) “Retainer” (also called: “General Retainer,” “Engagement Retainer,” “Reservation Fee,” or “Availability Fee”): An amount paid specifically and solely to secure the availability of a lawyer to perform services on behalf of a client. The only nonrefundable fee option that a Wisconsin attorney has under the Rules is to charge a “retainer” as described in SCR 20:1.0(mm), which states the following: Under the current Supreme Court Rules, an attorney may not charge a nonrefundable fee that the attorney then bills against for time spent representing the client or for costs.
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