The short answer
What Illinois families should know.
A retainer agreement should explain what work the lawyer will perform, how charges are calculated, and how advance funds are handled. The amount paid at the beginning is not necessarily the total cost of the divorce. Illinois Rule of Professional Conduct 1.5 distinguishes several fee arrangements with different consequences.
Start with the work included
Identify whether the representation covers the entire divorce, a particular motion, settlement review, an appeal, or later enforcement. Ask how work outside that scope will be authorized. A fixed fee for a defined service differs from an advance toward hourly work. Check who may work on the matter, each billing rate, and whether costs such as experts, transcripts, filing charges, or process service are billed separately.
Understand the type of advance payment
Rule 1.5 describes security retainers, engagement retainers, fixed fees, and special purpose retainers. A security retainer remains the client’s property in trust until applied to earned fees and expenses. A special purpose retainer has distinct requirements and is not interchangeable with a security retainer. The agreement’s label and actual terms matter. Ask for a plain-language explanation of where the payment is held and how billing reduces it.
Review replenishment and communication terms
An hourly arrangement may require additional deposits as the case progresses. Discuss how often statements arrive, what detail they contain, and how questions about charges should be raised. Request realistic budgets for separate stages, such as initial pleadings, discovery, mediation, and trial preparation. These are planning estimates, not guarantees, because the amount of work depends on disputed issues, available information, and the other side’s actions.
Know what happens when representation ends
The current rule prohibits nonrefundable fees and retainers and unreasonable restrictions on refunds of unearned or unreasonable fees. Different lawful fee structures still require different accounting. Before changing lawyers, obtain the agreement, latest statement, payment history, and explanation of any remaining balance. A dispute over a bill should be addressed promptly while preserving the case calendar, records, and ability of replacement counsel to prepare.
Prepare
Useful next steps
- Read the scope, rates, expenses, replenishment, and termination provisions.
- Ask whether the initial payment is a security retainer or another arrangement.
- Keep invoices and raise specific billing questions while events are fresh.
Avoid
Common missteps
- Assuming a deposit is a guaranteed total price.
- Relying on an oral promise that differs from the written agreement.
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Primary sources
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.