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.
How It Works Step by Step
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You place an initial deposit – To begin, you’ll provide a refundable retainer (contact us or schedule a consultation for the specific amount). This money goes into a trust account, where it’s kept safe and separate from the law firm’s operating funds.
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We track our time carefully – Every time we work on your case—whether it’s a phone call, email, drafting documents, or a meeting—we record that time in six-minute increments. You only pay for the time actually spent on your matter.
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We send you invoices – Typically, invoices are sent biweekly or as needed, depending on how active your case is. Each invoice will show exactly what work was done and how much was deducted from your retainer.
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Your retainer stays “evergreen” – Think of it like keeping gas in your car’s tank. As we drive your case forward and use a little fuel, we automatically refill the tank so you never run out. To do this, we keep a credit card or debit card on file (which you fill out when you sign our contract) and, when the trust balance falls below the initial amount paid, we charge your card to bring the retainer back up. This ensures your case is always fully funded and can proceed without delay.
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You receive a refund at the end – When your matter concludes, any money left in your trust account that hasn’t been used will be refunded to you promptly.
A Flexible, No-Commitment Approach
We believe your legal representation should empower you—not box you in. That’s why our refundable evergreen retainer offers a flexible, no-obligation way to work with us.
If at any point you decide to go in a different direction—perhaps pursuing litigation in court rather than resolving matters through the Collaborative Process or another out-of-court method—you’re free to do so. Unlike the traditional non-refundable initial fee structure that many Tampa Bay family law firms use, our system ensures any unused portion of your retainer will be promptly refunded.
This approach gives you peace of mind that you’re never “locked in” and keeps your options open every step of the way.
Guided by Experience and Compassion
At Family Diplomacy: A Collaborative Law Firm, we’re here to guide you with compassion and expertise. Attorney Adam B. Cordover has dedicated his career to helping families navigate divorce and other sensitive matters in a respectful, private way. As a leader in Florida’s Collaborative Divorce movement and a published American Bar Association author, Adam trains other lawyers and professionals across the state and internationally in these peaceful resolution methods. His deep understanding of complex family and financial dynamics ensures you have a steady hand to guide you forward.
Let’s Talk About Your Next Step
If you’re ready to explore how we can help you through this transition with care and clarity, contact us today.
You are not alone. We can help.
We help clients throughout the State of Florida in out-of-court dispute resolution. We also have offices by appointment in Tampa, St. Petersburg, and Sarasota.
