What is a Retainer Fee & Where is it Deposited?

Most lawyers require that a retainer fee be paid up-front to begin the case. While payments are often made by clients after the retainer fee is paid, a retainer fee demonstrates that the client is serious about pursuing the litigation and the lawyer is then committed to the litigation, as well. 

Lawyers vary on the cost of the retainer; however, most lawyers charge somewhere between $2000.00 to $10,000 for a retainer fee and it depends upon the complicity of the case, the likelihood of settlement, the necessary pleadings that need to be filed, the time involved, and other factors. After the retainer fee is paid, the lawyer will charge the retainer fee by the hour, and/or under some other type of arrangement like a fixed fee. 

When you pay a retainer fee, that money does not go straight into the lawyer’s pocket. Rather, it is deposited into a special type of bank account called an IOLTA account. This account is set up for client retainers and payments only and is carefully regulated. Such accounts maintain a built-in protection to ensure that client funds are handled properly and only used for legal work completed on their case. 

How Am I Billed After the Retainer? 

After paying a retainer fee, most lawyers bill by the hour – often in 6-minute increments. The lawyer’s time is tracked for tasks like phone calls, emails, meetings, court hearings and other tasks.  

Carolyn takes the time to explain billing clearly to her clients and helps clients understand where their money is going – no surprises, and no pressure to stay quiet just to avoid being billed. 

With that said, Carolyn often does not bill in 6-minute increments, but bills in more real-time, such as by the half hour, or hour, depending on the case. This is not always, but for each case, she attempts to be reasonable and fair given the legal complexities of every case. In many cases, Carolyn bills at a fixed fee agreement, which is a different financial agreement as opposed to an hourly rate. 

Hourly Rates vs. Fixed Fees – What’s the Difference?

What is a fixed fee? 

Example:

Suppose that a client needs to file for divorce, and the lawyer estimates it will take about 5 hours to prepare the paperwork. At $300 an hour, the total amount would cost $1500.00. However, with a fixed fee, the lawyer might charge $1000.00 for the same service – saving the client money and offering more predictability. 

Carolyn is willing to discuss both hourly and fixed fee options with you, depending on what financial arrangement fits best for your situation. One of the benefits of working with Carolyn is that she is both transparent and willing to work with you whether payments are necessary, arranging for a fixed fee or arranging for a reasonable hourly rate. 

In addition, every client is provided Carolyn’s personal cell phone number, 801-420-2072, and you are WELCOME to call and text her when you need to. You may call Carolyn, talk to her directly, leave a voice message and text her, as well.  

Fair & Flexible Billing

Carolyn works with each client to arrange a fair fee – whether such fee is hourly or a fixed rate – it is based on your financial situation, the case facts, the expected hours necessary for progression of the case, whether mediation is likely to result in a settlement and whether trial might be necessary. Carolyn will discuss a road map regarding your case so you are informed about the expected retainer fee and the anticipated financial costs of the litigation. 

Carolyn also attempts to reduce some of the financial pressure by including certain services at no charge for many clients. For most cases, she includes several free phone calls, in-person meetings and/or emails, so you don’t feel like you’re being nickel-and-dimed for every question. 

That said, there are cases where pro bono work is not offered, but regardless of the circumstances, she will attempt to make it financially viable for you albeit litigation regardless can be expensive. Clients are generally not charged for every text message they send and the bulk of the expenses charged are related to the generation of necessary pleadings as opposed to billing for short phone calls, text messages and/or emails.  

Carolyn always tries to be reasonably with client’s finances and acts your best interests in mind. 

Open and Honest Billing Conversations

Carolyn makes a concerted effort to keep clients informed about upcoming charges and past bills. If clients have questions about their bills, they are more than welcome to call and talk it through – there is no charge just to discuss billing. 

If the conversation also includes discussion or legal advice about case matters, that time is generally billed – but if discussion centers around the finances of the case, those discussions are generally exempt from billing. It doesn’t make sense to be billed to discuss a “bill.”  Carolyn believes in honest, upfront communications about billing, and treating all clients with respect. 

Free Consultation 

What is a “Consultation?” A consultation is a one-on-one meeting with Carolyn to discuss your legal matter — whether it’s a divorce, post-divorce matter, protective order, paternity issue, guardianship, or another family law matter. Carolyn offers a FREE, one-hour consultation that can take place over the phone or in-person, depending on availability.

To schedule, simply call or text Carolyn at 801-420-2072. Texting is the fastest way to connect. She typically responds within 24 hours — often sooner — and may even be able to consult with you immediately by phone in some cases.

During your consultation, Carolyn will review the details of your case and provide clear, strategic guidance on your next steps — all at NO cost to you.

Services Carolyn Offers

Family Law Cases

• Divorce Filings & Cases
  • Experience in matters involving child custody, parenting plans, alimony, child support, asset division, retirement division, bank accounts, property, and prenuptial agreements.
  • Skilled in negotiating and litigating both temporary and final orders.
• Post-Divorce Filings
  • Petitions to Modify Custody, Support, or Parenting Plans.
  • Motions to enforce existing divorce orders (formally called Motions for Orders to Show Cause).
• Child Support & Paternity Actions
  • Assistance with establishing paternity and enforcing or modifying child support orders.
  • Representation in disputes over custody and parent-time related to paternity matters.
• Protective Orders / Restraining Orders
  • Representation for clients needing to file, defend, or seek early dismissal of protective orders.
  • Extensive experience navigating court procedures and advocating for client rights.
• Guardianship Cases
  • Trial and hearing experience for guardianship petitions.
  • Representation in both initiating guardianship actions and defending guardianship matters.
• Grandparent Rights Cases
  • Experience filing petitions and navigating mediation and litigation between grandparents and parents.
  • Ability to negotiate or litigate arrangements for meaningful relationships between grandparents and grandchildren.
• Mediation & Collaborative Resolution
  • Carolyn is a licensed mediator and can assist clients who prefer alternative dispute resolution.
  • Skilled in guiding parties toward agreements outside of court when appropriate.

Carolyn approaches each case with strategic, client-focused guidance, combining her extensive courtroom experience with mediation skills to help clients achieve fair outcomes while protecting their rights.

Carolyn provides her personal cell phone number because she values accessibility and flexibility for her clients. As a single parent with one adult son, she is able to devote significant time and attention to each client’s case. She routinely works evenings and weekends to accommodate client schedules and is happy to meet with family members if the client wishes to involve them. Carolyn is not just an office-bound attorney—she strives to provide responsive, personalized support and guidance throughout every stage of your legal matter.

Carolyn has found that most clients respect the boundaries of direct communication. Providing her cell phone helps establish a channel for timely, necessary discussions about case details while maintaining professional limits. This approach ensures that clients can reach out promptly when important matters arise, without overstepping or misusing the communication. 

Disclaimer

Carolyn Howard is a family law attorney with approximately 17 years of legal experience, including six years of service as a Justice Court Judge in Utah (2013–2019). 

While Carolyn has handled a wide range of family law cases throughout her career, not every case has resulted in a favorable outcome, and no guarantees can be made regarding future results. Each case is unique and depends on a variety of factors, including the specific facts, applicable law, the assigned judge, prosecutorial discretion, the jury’s verdict, and other circumstances beyond Carolyn’s control.

Carolyn does not claim to possess superior legal knowledge compared to other attorneys or judges, nor does she predict or guarantee the actions of any judge, prosecutor, or court. Her commitment is to work diligently, ethically, and with a strong focus on protecting her clients’ rights in every case.

Carolyn offers both hourly and fixed-fee billing options, depending on the nature and complexity of the matter. Payment plans and limited pro bono assistance may be available but are not guaranteed, and are considered on a case-by-case basis.

Although she previously served as a Justice Court Judge, Carolyn does not use that title in any inappropriate or misleading way, and she makes no implication of current judicial authority.

Carolyn has operated her own law practice, Carolyn E. Howard, P.C., for over a decade as a sole practitioner. She has also served as an associate attorney with four separate law firms since being admitted to the Utah Bar in 2007. Outside the time that she served as a Justice Court Judge, excluding her from practicing in criminal defense during that six-year period of time, she has been a family law attorney from 2007 to the present date and even continued to take family law cases part-time when she was presiding as a Justice Court Judge. Carolyn is also an Associate Professor at UVU, having taught at the University for 20 years, and due to being single with an adult child, her time permits her to practice law and devote substantial time to her family law clients, often working on weekends and holidays which allows her to be more available to her clients.

Extensive courtroom experience assists you in making the right decisions from the very beginning of your case. Carolyn has practiced family law before numerous commissioners and district court judges across Utah, including—but not limited to—temporary order hearings, pre-trial conferences, motions to enforce, and trials.