WHAT IS AN EVERGREEN RETAINER?

At Fair Price Lawyers, we use an evergreen retainer model, which is the most common retainer arrangement among Utah family law attorneys. An evergreen attorney retainer is a fee arrangement designed to ensure that a client’s legal matter is continuously funded as work is performed. Instead of a one-time retainer that gradually depletes, an evergreen retainer requires the client to maintain a minimum balance in their trust account at the end of each month. This structure allows the attorney to proceed without interruption, ensuring that funds are available to cover ongoing legal services if a sudden increase in the scope of work becomes necessary.

At the outset of representation, the client deposits an agreed-upon amount into the attorney’s trust account. As the attorney performs work, fees and costs are billed against that balance. Unlike a traditional retainer that simply runs down, the client is expected to replenish the account at the end of the month when the balance falls below a specified threshold. In this way, the retainer “evergreens,” meaning it is restored to its original level.

This arrangement benefits both the client and the attorney by promoting efficiency and predictability. For the client, it helps avoid sudden large invoices and ensures that legal services remain uninterrupted during critical stages of the case. For the attorney, it reduces the administrative burden of pursuing unpaid fees and allows for a more focused and consistent approach to case management.

Evergreen retainers are particularly common in matters that involve ongoing or unpredictable work, such as contested divorce and child custody cases. These cases often require sustained attention, multiple filings, court appearances, and negotiations over an extended period. Maintaining a steady retainer balance ensures that the attorney can respond promptly to developments without delays caused by funding issues.

At the conclusion of the representation, any unused portion of the retainer is returned to the client, consistent with applicable rules governing attorney trust accounts. The goal of an evergreen retainer is transparency and continuity—providing a clear financial structure that supports effective legal representation while keeping the client informed and in control of their legal expenses.