retainership agreement
advocate satya
(Querist) 15 October 2008
This query is : Resolved
sir
can anyone provide a copy of retainership agreement, a model draft for hiring someone as retainer.
Guest
(Expert) 16 October 2008
LEGAL SERVICES RETAINER AGREEMENT
This Limited Services Agreement ("Agreement") is entered into between _____________("Client") and _______________________ ("Attorney"). They agree as follows:
1. Attorney's Explanation of the Terms of This Agreement
As Attorney has explained to Client, this Agreement is different from the usual attorney-client agreement for several reasons. First, unlike the usual agreement, this Agreement is for (a) limited legal service(s), rather than for the complete array of services that lawyers often provide to their clients in the prelitigation and litigation phases of a lawsuit.
Second, in this Agreement, Client has agreed to do a number of different things, or to arrange for another person to complete these tasks. They are set forth in Para. 9.
Third, the total fee will be less than the Attorney's normal full-service attorney's fee, because the scope of the legal services that Attorney has agreed to provide to client is limited.
To Client - is (are) the following:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
, as specified and limited immediately above, they include:
__________________________________________________
__________________________________________________
__________________________________________________.
2. Scope of Legal Representation.
A. The Limited Legal Service(s) That Attorney Has Promised To Provide. The promised limited legal services promised in this Agreement are:
Information/Advice
__Advice re: availability of alternative means to settle dispute/agency referral
__Evaluation of client's self-diagnosis/advice as to legal rights
__Service Problems: Needs Assistance with Service By Posting or Publication
__Review of correspondence and court documents; preparation of documents to be preparation
__Factual Investigation: contacting witnesses, public record searches, interviews of experience
__Legal Research and Analysis
__Negotiation of Voluntary Separation Agreement to Settle Substantive Issues
__Assistance with or Preparation of Preliminary or Evidentiary Motions
__Pre-mediation/Pre-settlement Conference Legal Consult
__Post-mediation Agreement Review
__Backup and troubleshooting During Trial
__Assistance or Negotiation of Discovery Issues/Disputes During Litigation
__Full Scale Legal Representation at Emergency Hearing/Pendente Lite Stage
__Full Scale Legal Representation throughout Litigation
__Counseling or procedural assistance with Appeal
B. Services Not Listed Above Will Not Be Provided. If a legal service is not listed in Para. 2 (A), Attorney has not agreed to provide it to Client. In this matter, the excluded services include, but are not limited to:
________________________________________________________
________________________________________________________
_______________________ ________________________________
________________________________________________________.
Again, the true test is whether the service is listed in Para. 2 (A). If not, Attorney will not provide it.
3. Effective Date of Agreement.
This Agreement will take effect upon the execution of it by both parties, i.e., at a time when both parties have signed it.
4. Automatic Termination of Agreement.
This Agreement automatically will terminate when Attorney has provided the services set forth in Para. 2 (A) without any further act or communication by either Attorney or Client. If Attorney requests Client to do so, Client will support, as requested by Attorney, Attorney's right to stop representing Client when Attorney has met his obligations under Para. 2 (A).
5. Attorney's Fee.
Attorney will charge Client the following in this matter:
A. o an initial retainer fee in this matter in the amount of $________, which Attorney will expend at Attorney's hourly rate of $____. The
