Legal Translation of Retainer: avance sur honoraires or lien contractuel?

⚠️ A Discreet Word… with Strong Contractual Implications

The term retainer may look innocuous. Yet in legal contexts, it means far more than a simple advance payment. It can also designate the very contract binding a lawyer or law firm to a client, often within an ongoing professional relationship.

👉 In common law, a retainer may refer to:

• the agreement concluded with a lawyer or firm (contrat d’honoraires / mandat),

• the advance payment made to secure legal services (avance sur honoraires),

• or both, depending on the case.

⚖️ In Law: Contract or Advance for Legal Services

A retainer often designates the fee agreement linking a client to a lawyer. It may also refer to the amount paid to initiate that relationship and guarantee counsel’s availability.

Examples

• The client paid a retainer to secure legal representation
  → Le client a versé une avance pour garantir une représentation juridique

• A written retainer agreement is required
  → Un contrat écrit de mandat est nécessaire

• The retainer covers preliminary legal work
  → L’avance couvre les premières prestations juridiques

👉 Translating retainer merely as acompte or provision without acknowledging the contractual link is insufficient.

🧾 Types of Retainers

• General retainer: broad agreement for representation or advisory services (e.g., yearly engagement)

• Special retainer: agreement for a specific case or dispute

• Retainer fee: initial amount paid (avance sur honoraires)

✅ In Summary

• Retainer = contract + advance binding a lawyer to act or remain available

• Represents both a contractual relationship and an advance payment

• Central to the lawyer–client relationship in common law systems

📌 TransLex Guidance

Before translating retainer, ask yourself:

• Does it refer to a payment, a contract, or both?

• Is it a continuous engagement or a case-specific assignment?

• Is the sum a blocked guarantee, availability fee, or prepaid forfait?

👉 In law, retainer = avance sur honoraires + lien contractuel d’assistance juridique.
👉 It is not just a generic acompte or casual payment.