Requirements for a Retainer Agreement

Start with a Written Contract!

ALWAYS!

Contract Name the parties

Client and Law Firm Any Conditions? Dated and Signed Scope of Services

What case/matter?Services Not Covered

Amount of fee

Client Duties

Be Truthful Cooperate with office

Give information requested, promptly Keep us informed

Of necessary information, contact information and changes

Pay fee as agreed

Firm Responsibilities Spell out what will be done

Prepare court documentsPursue matter to conclusion through

negotiation and trial? May exclude trial if collaborative law case

Perform legal researchConferences and negotiationsAttend court hearingsCorrespond with counsel, parties, expertsTake steps advisable to do the above

Fees

Set out hourly fees For lawyers and paralegalsOr Contingent Amounts

Percentage at various stages of conclusion of case

Other costs and charges Travel Experts, Consultants, Investigators

Billing Statements

Monthly Prepay new retainer as needed Interest charges? Costs to collect Right to Withdraw for non-payment

Discharge and Withdrawal

When client may discharge attorneyANY TIME!

When attorney may withdrawConsent of clientFor good cause (Define this!)

Other important issues

Disclaimer of guarantee! Copy of file and reports Privacy notice

Note that cell phones and e-mail are not protected

Affirm client has read and understands Don’t forget to have client sign and date!