Subject: Law
Topic: LEGAL ETHICS
Language: English (U.S.)
Pages: 1
Instructions
Draft and prepare a retainer agreement for a client according to the following facts: Client: Harvey Sample Matter: Divorce Your Firm: [Your Last Name] Law Offices Retainer Amount: $3,000.00 Hourly Rate: $250.00 You will want to include language regarding the following: Limits and scope of your representation Describe the sort of matter you are representing the client on and any limits on that representation. Termination of representation Explain the terms and conditions upon which your representation may be terminated. Appeals Does your representation of this client includes any appeal of the final judgment? What about post-trial motions? Future child custody modifications or child support adjustments? Charges for long distance Who pays for long distance charges accrued on the clients behalf? At what rate? Postage Who pays the actual postage costs incurred on behalf of the client? Deposition expenses Is the client responsible for the cost of deposition? Court reporter costs? Cost for deposition transcripts? Does the client have to pay your hourly rate for tour participation at depositions? Copies Who pays for photocopying charges accrued on the clients behalf? At what rate? Communications policies What sort of response (timeliness) can the client expect when contacting your office? May they communicate with you via email? May the client call you on your cellular phone? Are you available nights? Weekends? Liens Are you reserving the right to place liens upon the proceeds of the lawsuit in order to collect unpaid fees? Are you reserving the right to retain the client file to secure payment? Severability What happens if one of the clauses in the Retainer Agreement becomes void or is rendered impossible or impractical? Do the other clauses remain in effect or is the entire agreement voided?

Duncan Law Offices

Retainer Agreement for Harvey Sample

The law firm is delighted to represent you in the legal matter of your divorce. Professional ethics dictate that we have a formal fee agreement. You are also being supplied with a statement of your rights and responsibilities as dictated by the Appellate Divisions of the Supreme Court.

Limits and Scope of Representation

You are retaining me due to your pending divorce settlement. Any other legal matter beyond the divorce agreement is deemed to be beyond my scope.

Termination of Representation

I will proceed to terminate representing you in the case if my firm’s charges are not paid within 60 days after the initial billing. I have the right to withdraw from the divorce settlement case for non-payment of my fees.

Appeals

Other Costs

In addition to the retainer fee, some other costs will be associated with the litigation procedure. These costs include deposition costs, photocopying expenses, long-distance communication charges, and reporter costs as well as postage costs. These costs will be present in your monthly bill with clear labels and costs per expense. If the firm foresees that these other costs may become substantial, we might ask you to pay for them in advance or pay them directly. It should be noted that time is billed in quarters of every hour. Therefore, any activity pertaining to these ‘other’ costs will be billed on ¼ of an hour basis.

Communications policies

Responses on any queries concerning the case will be availed to the client without any hesitation. The client can call the office at any time to check on the progress of the case. Other forms of communication are also permissible including e-mails, and use of my personal cellular number. The client should note that the firm is at his disposable during office hours, at night and even during the weekends.

Liens

As your counsel for the matter, I have the right to seek a charge lien from the court if my fees are not paid within 60 days of billing as stipulated above under ‘Termination of Representation’. The firm also has the right to seek a retaining lien in case the client does not pay the outstanding sum in time. The firm has the right to retain the divorce file until payment of fees is completed.  

Severability

The firm has the right to withdraw from the case if you have failed to disclose any material facts, or have misrepresented yourself or any facts to the firm. Other reasons for withdrawal of my services include failure to pay the stated fees or failure to hearken to my advice on the divorce issue. Likewise, you reserve the right to discharge me and my firm for any reason you deem fit. You will be expected to pay for the time it takes to turn over the files to you or your new counsel as well as for the time it takes me to petition the court to withdraw from the case.