Guide

Retainer vs flat fee, in plain English

Updated 2026-09-14 · Fact-checked educational article

Quick answer

How the two common billing structures actually get spent.

Flat fee

A flat fee names a stage: arraignment through plea, or through a motion date. Trial days, experts, and appeals are often extra. Ask what happens if the case resolves early.

Retainer plus hourly

A retainer is a deposit. Hourly work draws it down. You should receive statements. If the balance hits zero before trial, another deposit may be required.

Read the engagement letter

The letter beats a hallway summary. Look for scope, refunds, and who pays investigators.