When you are facing a family law matter — whether it is a divorce, custody dispute, adoption, or any other sensitive legal issue — one of the first practical questions that arises is: how do I pay for legal representation? At Coker, Robb & Cannon, Family Lawyers, we understand that legal fees can feel daunting. Our goal is to make sure you understand exactly how attorney fees work, so you can plan wisely and move forward with confidence.
Two common approaches to legal billing are the retainer fee system and payment plans. While both have their place, our firm primarily uses the retainer fee system — and for good reason. In this article, we will explain both approaches clearly, highlight why retainer fees are typically the smarter choice for family law clients, and share some practical tips for planning your legal budget effectively.
What Is a Payment Plan?
A payment plan is an arrangement where a client pays for legal services in installments over time — similar to financing a purchase. At first glance, this may sound appealing, particularly when funds are limited. However, payment plans in family law carry some significant drawbacks:
- Incorrectly-paced financial obligation: Legal fees in a family law case are impossible to predict. Many cases are less expensive than expected while others are more expensive. Accordingly, we believe it is impossible for an attorney to correctly estimate the amount and length of a payment plan from the beginning of a case. Because of this, problems result from incorrectly-paced payment plans. First, if the payment plan was too high, even if a client’s case has little to no activity for an extended period, there typically isn’t a break in the requirement to make the payments. The client receives no break in that obligation and, sometimes, ends up paying money to the lawyer that hasn’t been earned. This is money that could have been used to pay other bills and expenses. On the other hand, if the payment plan is set to low, the client’s obligations can often continue long after the case is resolved as the payment plan initially agreed upon might not keep pace with the unexpectedly high cost of the case. Continuing to pay legal fees after the matter is resolved often prolongs the emotional distress of the matter not allowing the client to move on sooner rather than later.
- Costs Concerns Can Disproportionately Drive Legal Decisionmaking: As discussed above, family law cases can be unpredictable. If a payment plan is established for what is expected to be a simple, agreed case, and the case becomes more complicated, often for many of the reasons discussed below, the payment plan might no longer be sufficient to cover costs and, consequently, no longer assure the lawyer involved that they will be ultimately paid for their services. This can create a situation in which there is a misalignment between the lawyer and the client as decisions are made about how to proceed, possibly resulting in advice that is designed to end the ongoing case and expense rather than prioritizing the best interest of the client.
- High Regular Payments Make Obtaining Funds Difficult: Because a payment plan will likely be based on the estimate of the total cost of the case, and the expected duration of the case, the amount of the regular payments can end up being extremely high. Most lawyers, who accept payment plans, will set the regular payment at an amount and frequency designed to cover the expected cost of the case by the time the case is concluded. In a complex, or highly contested matter, that can result in a regular, very expensive payment. If a client is using a source of funds that they might not be able to return to time and time again, like a loan, distribution from retirement assets, sale of an asset, and similar sources, a regular, ongoing payment can be harder to manage.
For these reasons, Coker, Robb & Cannon does not generally offer payment plans. Instead, we rely on the retainer fee system — a model we believe is fairer, more transparent, and ultimately more protective of our clients' interests.
What Is a Retainer Fee?
A retainer fee is an upfront deposit that a client pays before legal work begins. This deposit is placed in a separate trust account — not the law firm's operating account — and the funds remain the property of the client until they are earned by the firm through actual legal work performed on the client's behalf.
As the attorney works on the case, fees are drawn from the retainer in accordance with the firm's billing rate and the time spent. The client receives regular, itemized billing statements so they can see exactly how their funds are being used. If the retainer is depleted, the attorney may ask the client to replenish — or "refresh" — the retainer to continue representation. At the conclusion of the case, if any retainer funds remain unearned, they are promptly refunded to the client.
Why the Retainer System Works Better for Family Law Clients
Your Money Stays Yours Until It Is Earned
Perhaps the most important feature of the retainer system is that your funds remain legally yours until the attorney earns them. Under the Texas Disciplinary Rules of Professional Conduct, attorneys are required to hold unearned retainer funds in a client trust account and may only transfer funds to themselves as fees are earned. This provides a critical layer of protection — you are not simply handing money over to the firm on faith. You are depositing it into a protected account that the firm must account for, dollar by dollar.
Transparent, Itemized Billing
Because retainer funds are drawn down as work is performed, clients receive detailed billing statements that show exactly what was done, by whom, and at what rate. This level of transparency allows clients to stay informed about how their case is progressing and how their money is being spent — something that a simple monthly payment plan does not always provide. At Coker, Robb & Cannon, we send billing updates and invoices every 2 weeks so that clients are continually advised of the status of their case and their retainer account.
Peace of Mind and Focused Representation
When a retainer is in place, your attorney can focus entirely on your case rather than worrying about whether a payment will arrive on time. This benefits both client and counsel. Your legal team at Coker, Robb & Cannon can devote their full attention to protecting your rights and pursuing the best possible outcome for you and your family, without financial uncertainty creating friction in the relationship.
Refunds When Your Case Costs Less Than Expected
One of the most reassuring aspects of the retainer system is that it works in your favor when your case is resolved efficiently. Family law matters do not always become protracted battles. In many cases, parties are able to reach agreements on some or all issues — whether through negotiation, mediation, or collaborative law — without the need for extended litigation. When that happens, any unused portion of your retainer is returned to you. You only pay for the work that was actually done.
This is a meaningful distinction: with a payment plan, you might continue making fixed monthly payments regardless of whether your case is moving quickly or slowly. With a retainer, your cost is directly tied to the actual work performed on your behalf.
The Retainer System as a Flexible Funding Approach
Many clients initially view a retainer as a large initial expense — and compared to a smaller monthly payment plan installment, the initial deposit can feel like a significant outlay. However, we encourage clients to think about the retainer system in a broader, more flexible way.
Because a retainer can be replenished as the case progresses, it actually functions similarly to a payment plan — just with important protective differences. Here is how:
- Initial retainer: You make an upfront deposit to get the case started.
- As the case progresses: If the retainer is drawn down and additional funds are needed, you are given notice and asked to replenish. This gives you time — between retainer refreshes — to gather additional funds. Depending on the retainer amount and pace of the case, you could have weeks or months between any requirement to refresh. To some extent, since you direct your attorney and case, you sometimes have the ability to affect the pace of the case to give yourself time between any requirement to make a new retainer deposit.
- Final accounting: At the close of the matter, you receive a full accounting and any unused funds are returned.
In this way, the retainer system allows clients to stage their financial commitment over the course of the case, rather than being locked into a fixed schedule regardless of how the case unfolds. For clients whose cases are shorter or resolve through settlement, the total cost may be substantially less than anticipated — and they receive a refund accordingly.
Planning Your Retainer: The Importance of Thinking Ahead
One of the most important pieces of advice we offer clients who are accessing a one-time or limited funding source — such as a personal loan from a bank or credit union, a credit card cash advance, a home equity line of credit, or a loan from a family member or trusted friend — is this: consider securing more than you think you will need.
Family law cases, by their very nature, can take unexpected turns. We have seen many cases that appeared straightforward at the outset become significantly more complex due to circumstances beyond anyone's control. Common reasons cases take longer or cost more than initially anticipated include:
- Emotional decision-making: Divorce and custody disputes are among the most emotionally charged experiences a person can go through. When one or both parties allow emotions to drive legal strategy, what could have been resolved quickly can drag on unnecessarily.
- Unrepresented or poorly represented opposing parties: When the other party is not represented by a competent family lawyer, they may take legal positions that are contrary to established Texas law or inconsistent with what a Judge would actually order. Without a knowledgeable attorney to guide them, they may dig in on unreasonable positions, reject fair settlements, or misunderstand their rights and obligations — all of which increases the amount of work your attorney must do to protect you.
- Discovery disputes and hidden assets: Cases involving significant marital assets, business interests, or contested property can require extensive financial investigation and discovery.
- Custody evaluations and expert witnesses: Complex custody matters sometimes require the involvement of mental health professionals, child psychologists, or forensic accountants — all of which add time and expense.
- Changes in circumstances: New developments — a job loss, relocation, domestic violence allegation, or child welfare concern — can arise mid-case and dramatically change the scope of what is needed.
If your funding source is truly a one-time opportunity — and you cannot easily go back for more — it is wise to secure a buffer above your estimated legal costs. Having those funds available, even if you ultimately do not need them all (and receive a refund of the unused portion), provides peace of mind and ensures that your attorney can continue working on your behalf without interruption if the case becomes more involved than expected. Our attorneys at Coker, Robb & Cannon can help you set an appropriate retainer amount if a one-time source of funds is an issue.
Additional Virtues of the Retainer System
Beyond the features already discussed, the retainer fee system offers several other meaningful advantages for clients:
Alignment of interests: When a firm is working off a retainer, both the client and the attorney share an interest in efficient, focused work. There is no incentive to run up unnecessary hours — the client can see exactly how every dollar is spent.
Professional accountability: Trust accounting rules are strictly enforced by the State Bar of Texas. Attorneys who mishandle client trust funds face serious professional consequences. The retainer system is built on a foundation of accountability.
Access to experienced counsel: Retainer-based representation allows firms like Coker, Robb & Cannon to invest the full resources of our experienced legal team — including attorneys and paralegals who are Board Certified in Family Law by the Texas Board of Legal Specialization — into your case from day one.
Clearer communication: Regular billing statements tied to retainer drawdowns create natural touchpoints for attorney-client communication. Clients stay informed and engaged throughout the process.
About Coker, Robb & Cannon, Family Lawyers
Since 1998, Coker, Robb & Cannon has been one of North Texas's most respected family law firms. With offices in Denton, Frisco, and Fort Worth, our team of six attorneys and five paralegals — more than half of whom are Board Certified in Family Law by the Texas Board of Legal Specialization — provides clients with knowledgeable, compassionate representation in all areas of family law, as well as trust and estate planning.
Board Certification in Family Law is the highest recognition of legal expertise in this field awarded by the State Bar of Texas. It requires attorneys to demonstrate substantial involvement in family law, pass a rigorous examination, and satisfy ongoing continuing education requirements. When you work with our firm, you are working with some of the most highly credentialed family law professionals in Texas.
Ready to Take the Next Step? Contact Us Today.
Every family law situation is unique, and so are the financial considerations that come with it. At Coker, Robb & Cannon, we believe that every client deserves honest, straightforward guidance about what their case may involve and what it may cost — before they commit to anything.
We invite you to contact our firm to schedule a consultation. During that meeting, we will listen carefully to your situation, help you understand the legal issues involved, and provide you with a realistic picture of potential costs and how our retainer system works. If finances are a concern, we are happy to discuss practical strategies for funding your retainer, including guidance on available financing options and how to approach this important financial decision wisely.
You do not have to navigate this alone. Our experienced team is here to guide you every step of the way.