What is an advance payment retainer and what are the requirements?
Under an advance payment retainer, the client intends to make a present payment to the lawyer in exchange for the commitment to provide legal services in the future. Ownership of this retainer passes to the lawyer immediately upon payment and is deposited in the lawyers own account. However, if the representation ends before the retainer has been exhausted, the retainer is subject to refund under Rules 1.15(b), 1.16(d) and 1.16(e) of the Rules of Professional Conduct. Under Dowling, an advance payment retainer agreement must: (1) be in writing; (2) clearly define and expressly name the type of retainer being paid; (3) set out where the funds will be deposited and how withdrawals will be handled; (4) contain language advising the client of the option to place money into a security retainer; (5) state that the choice of the type of retainer to be used is the clients alone; (6) state the special purpose behind the retainer and explain why an advance payment retainer is advantageous to the
