How Our Refundable Evergreen Retainer Works: No Surprises, No Commitments
How a Refundable Evergreen Retainer Works at Our Law Firm
At Family Diplomacy: A Collaborative Law Firm, we recently transitioned from using a non-refundable initial fee to a refundable evergreen retainer. This change creates far more flexibility for our clients and reflects the way we practice law.
Many—if not most—family law firms in Tampa Bay still use a non-refundable initial fee structure for their retainers. That means once you place a deposit with them, you don’t get it back, even if circumstances change (these fees must be reasonable, and the Florida Bar would likely still require a refund, for example, if you changed your mind immediately after retaining the firm). For years, we followed that same model. But because we work exclusively in out-of-court dispute resolution—specializing in Collaborative Divorce—we heard concerns from potential clients.
People would ask, “What happens to my non-refundable initial fee if my spouse decides they only want to fight in court?” While this is exceedingly rare (hardly anyone truly wants to battle it out in a courtroom), we understand why it gave pause. With our refundable evergreen retainer, you now have peace of mind: if you ever decide to go in a different direction, you’ll receive a refund of all unearned funds.
This client-centered approach ensures you stay in control throughout your case. Let’s break down what it means and how it works.
What Is an Evergreen Retainer?
An evergreen retainer is a predictable way for you and the firm to make sure there are always funds available to cover the work we’re doing on your case. When you hire us, you’ll place an initial refundable deposit into a special trust account. This isn’t a flat fee—it’s your money, and we only withdraw from it as we earn fees for the actual time we spend helping you or to cover certain costs, such as a filing fee with the clerk of the court.
As your case progresses, we’ll send you invoices showing how much time was spent and for what tasks. If the balance in your account drops below the agreed amount, we’ll replenish it by charging the credit or debit card you’ve placed on file. This ensures we can continue working without interruptions. And here’s the key part: when your matter is complete, any unused funds in your trust balance are refunded back to you.
