In a divorce trial. The usual routine calls for the attorney to draw down the retainer and the client to replenish it when it gets to a certain level. In this arrangement, the lawyer has the money before he mails the bill and the bill is really an accounting of what has already been spent.
Generally the retainer language is part of a fee litigation.
Some divorce lawyers have hourly rate for in-court appearances.
Lawyers, it should be remembered, bill for all work and graduate time in small fraction of a billable hour.
See also Success Fee Agreement.