A "retainer" is a sum of money paid by a client to secure an attorney's availability to work for a client. The fee paid is considered earned at the time of payment because the attorney is entitled to the money regardless of whether he actually performs any services for the client, and the funds shall not be placed into the attorneys trust account.
Baranowski v. State Bar, 154 Cal.Rptr. 752, 593 P.2d 613 (1979); and the Washington State Bar News, Committee Reports, Formal Opinion No. 173.
The California Court in Baranowski v. State Bar, supra, clearly stated that: A "RETAINER IS A SUM OF MONEY PAID BY A CLIENT TO SECURE AN ATTORNEYS AVAILABILITY TO WORK FOR A CLIENT."A RETAINER only pays for the AVAILABILITY of the attorney. The FACT is that when you make an appointment to talk to an attorney for a DUI, traffic ticket,
domestic violence, driving without a license, driving while intoxicated, negligent driving or any other kind of case, they meet with you, they let you TALK for about 5 to 10 to 15 minutes and then they ask you for a $3,000.00 to $5,000.00 to a $10,000.00 or more as a RETAINER so that you can secure their availability only! The California Court in Baranowski v. State Bar, supra, clearly stated that . . . THE FEE PAID IS CONSIDERED EARNED AT THE TIME OF
PAYMENT BECAUSE THE ATTORNEY IS ENTITLED TO THE MONEY REGARDLESS OF WHETHER HE ACTUALLY PERFORMS ANY SERVICES FOR THE CLIENT, . . . and the funds shall NOT be placed into the attorneys trust account." Wow, the attorneys are so stuck up and think that they are so above us "peons" or "goy dogs" that you have to pay them for merely "gracing you with their presence" and that they consider the RETAINER earned at the time you are dumb enough to give it to them REGARDLESS OF WHETHER HE OR SHE
ACTUALLY PERFORMS ANY SERVICES FOR THE CLIENT