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Why do I need to pay a retainer?
A common question we receive from prospective clients is, "Why do I have to pay a retainer?" This question often arises because many people are familiar with personal injury commercials where attorneys state, "You only pay us if we win."
While that model works well for car accident cases, it is not applicable in the context of solar panel litigation.
Understanding The Differences
In personal injury cases, attorneys are often able to offer contingency-based arrangements because insurance companies such as State Farm, Allstate, or GEICO are standing by to pay damages if the case is successful.
In those situations, if the attorney believes the case is strong, there is very little risk of not getting paid.
Solar panel cases, however, are different.
There are no insurance companies ready to cover legal fees if we prevail.
Any payment for our legal services typically comes through negotiation or a judge's decision, both of which carry uncertainty.
Fee Structures in Solar Panel Cases
There are several ways to structure a legal fee agreement in these types of cases:
Hourly Rate: One option is for the client to pay an hourly rate. In commercial litigation, our minimum fee under this model is $10,000, which is worked off over time as the case progresses. However, this structure places 100 percent of the financial risk on the client, regardless of the case’s outcome.
Pure Contingency: At the other end of the spectrum is a contingency model, where the client pays nothing unless we win. In this case, the attorney assumes all the financial risk. However, unlike personal injury cases, there is no guaranteed payout from an insurer, making this arrangement significantly more risky for our firm.
Hybrid Model (Our Approach): We have developed a middle-ground approach that we believe is fair and sustainable for both parties. In our standard agreement, the client pays a $2,500 retainer up front, while we take on the remainder of the risk—up to $7,500. If we win the case and recover more than expected from the lender, we refund the retainer and retain the additional recovery as part of our compensation.
Importantly, our agreements cap the total fee a client would ever pay at $10,000. This protects our clients from runaway legal costs and allows us to invest the necessary time and resources into building a strong case.
Why This Matters
The $2,500 retainer helps us cover necessary expenses, including paying our staff and filing the case. It is essentially a breakeven amount that allows us to move the case into arbitration. From that point forward, we carry the financial risk. If we do not win, the client owes nothing further.
We have explored this structure extensively through discussions with many clients, and we believe it represents a fair balance. By asking our clients to carry 25 percent of the financial risk, we are willing to assume the remaining 75 percent. This model allows us to deliver quality legal services while continuing to stand up to the large lenders and solar companies on behalf of consumers.
If you have questions or need legal assistance, reach out to our team today.
Our Results
What clients are saying
"Took Care of Everything"
I felt completely stuck when Encor went out of business, leaving me with an unfinished solar system that didn’t work, failed inspections, and a loan I still had to pay. On top of that, they misled me about tax credits and savings, and I ended up paying more in taxes and insurance instead. Prevost Law Firm stepped in and took care of everything. Their team handled my case with professionalism and compassion, and I’m so grateful for the outcome. If you're struggling with solar issues, you need to call them. (Cara J.)
"Exceeded My Expectations"
My experience with Encor Solar was a disaster. They installed a system that didn’t work, used an unlicensed subcontractor, voided my roof warranty, and lied about the need for batteries during power outages. When they went out of business, they left me with an unfinished system and no way to fix the mess they created. Prevost Law Firm was amazing—taking on my case and delivering results that exceeded my expectations. They are true advocates for homeowners, and I’m so grateful for their help. If you're facing a similar situation, I can’t recommend them enough! (John S.)
"Pleasure To Work With"
Would recommend 100%. Neal and his staff did an excellent job keeping me informed about the process every step of the way. He was able to get a settlement. He was a pleasure to deal with. (Gabrielle S.)
"Communicated Each Stage Clearly"
Working directly with Mr. Prevost was excellent. Having worked with several attorneys in several fields regarding general real estate matters, I was very pleased with my specific niche case against UCC-1 filings regarding solar liens. Mr. Prevost knew exactly how things would play out in handling the matter and communicated each stage clearly with me as to what I should do and what his team would need from me in the process. (Cody McDonald)
"Changed Our Lives
We can’t thank Prevost Law Firm enough for what they’ve done for us. My wife and I felt utterly defeated and trapped by the $73,590 loan for a solar panel system that never even worked. Encor, the installer, went out of business before the system passed inspection, but Solar Mosaic still demanded we pay for it. As disabled homeowners, we felt taken advantage of and didn’t know where to turn.
From the first phone call, their team made us feel like we weren’t alone in this fight. They listened to our story, fought tirelessly on our behalf, and never gave up until they got results. Thanks to them, our $73,590 loan was completely canceled, and we were refunded every single dollar of the $28,493 we had already paid into the loan. Best of all, we got to keep the solar panels for free!
When we got the news, we were overwhelmed with relief and gratitude. My stroke has already made life challenging enough, and this financial nightmare had only added more stress. Now, thanks to Prevost Law Firm, we can breathe again and finally focus on getting the panels working for us.
To anyone dealing with a solar panel loan disaster: don’t wait—call Prevost Law Firm. They are incredible, and they truly fight for people like us. We are so grateful we found them, and we hope others in similar situations will reach out for their help.
Bart and Diana Daniels
(855) 584-3576
Justice Made Affordable and Accessible
The Law Firm Solely Focused on Solar Panel Lawsuits
Neal Prevost, Trial Attorney With 31 Years of Experience
Feeling Lied To About Solar?
Millions of Americans have been duped into one-sided solar contracts. If you were misled when purchasing solar panels, you are not alone.
Is your solar contract costing you more money that it’s saving you? Did the solar salesperson misrepresent the savings or outright lie to get you sign up? Did you lose your warranty?
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Nothing herein is intended, and does not, create an attorney client relationship and is for informational purposes only. The Prevost law firm is licensed in Texas and is licensed to practice law in all Texas state courts and in multiple Federal Courts and Arbitration in 46 states. Solar sales are governed by both state and federal law. The attorney client relationship will only be created after the parties enter into a signed letter of representation.