Docstoc

Retainer Agreement

Document Sample
Retainer Agreement Powered By Docstoc
					This is an agreement between an attorney and a client whereby the attorney agrees to
represent the client for a retainer fee. A retainer fee is an advanced fee the client pays
the attorney that is based on the attorney’s hourly rate. The fee is used as a down
payment against which future charges are billed. The client will be responsible for any
charges that go beyond the retainer fee amount. Additionally, retainer fees are usually
nonrefundable. This agreement should be used by attorneys that want to bill their
clients on a retainer fee basis.
                   ATTORNEY RETAINER AGREEMENT
        THIS ATTORNEY RETAINER AGREEMENT (hereinafter the “Agreement”), made
as of the __________ day of __________, _____ hereby confirms that the undersigned
_________________ (hereinafter “Client”) acknowledges and agrees to retain the legal services
of ________________ (hereinafter “Attorney”) of ___________________ (hereinafter “Law
Firm”), whose business address is ___________________________, together with all attorneys,
paralegals, and legal assistants employed by Attorney and Law Firm.

        CLIENT HEREBY ACKNOWLEDGES AND AGREES to pay to the order of
Attorney, legal fees at the rate of __________ [AMOUNT IN WORDS] Dollars ($_________)
[AMOUNT IN NUMERALS] per hour for any and all legal services performed by Attorney on
behalf of Client, together with all disbursement costs incurred by Attorney or Law Firm on
behalf of Client together with applicable taxes.

        CLIENT HEREBY ACKNOWLEDGES AND AGREES to pay to Attorney, legal fees
in respect of legal services performed by paralegals of Law Firm on behalf of Client at the rate of
__________ [AMOUNT IN WORDS] Dollars ($_________) [AMOUNT IN NUMERALS] per
hour and legal fees in respect of legal services performed by legal assistants of Law Firm on
behalf of Client at the rate of __________ [AMOUNT IN WORDS] Dollars ($_________)
[AMOUNT IN NUMERALS] per hour.

       CLIENT FURTHER HEREBY ACKNOWLEDGES AND AGREES to pay to
Attorney a non-refundable retainer fee in the amount of __________ [AMOUNT IN WORDS]
Dollars ($_________) [AMOUNT IN NUMERALS] (hereinafter the “Retainer”).

       CLIENT GIVES THE RIGHT TO ATTORNEY to take all steps necessary and to
perform all filings of lawsuits or other related legal documents on behalf of Client in connection
with Client’s case.

        CLIENT HEREBY ACKNOWLEDGES AND AGREES that Attorney has made or
provided no guarantee to Client in respect of the success or outcome of Client’s case. Any and
all legal services performed by Attorney on behalf of Client will be charged against the Retainer.

        CLIENT HEREBY ACKNOWLEDGES AND AGREES that any and all fees to be
paid to Attorney for legal services performed can and may be greater than the Retainer paid to
Attorney under this Agreement.

        CLIENT HEREBY ACKNOWLEDGES AND AGREES that it is and will be Client’s
responsibility to pay any costs associated with the hiring of experts including, but not limited to,
investigators, appraisers, accountants, medical doctors, mental health professionals, or social
workers, should such expert services be required in connection with Client’s case.

       CLIENT HEREBY ACKNOWLEDGES AND AGREES that Attorney will retain all
monies paid by Client to Attorney in Attorney’s or Law Firm’s Trust Account. Clients
authorizes Attorney to withdraw funds from the Trust Account for legal costs and disbursements


© Copyright 2013 Docstoc Inc.                                                              2
owing to Attorney for professional services rendered and reimbursing Attorney for any and all
unpaid legal fees and disbursements.

       ATTORNEY ACKNOWLEDGES AND AGREES to invoice Client for all
professional legal services rendered and disbursements owed to Attorney or Law Firm on behalf
of Client, on a ___________ly basis or in accordance with Attorney’s or Law Firm’s billing
cycle.

       CLIENT HEREBY ACKNOWLEDGES AND AGREES to pay forthwith to Attorney
or Law Firm any all amounts due pursuant to invoices submitted to Client for professional
services rendered and disbursements owed to Attorney or Law Firm on behalf of Client incurred
within __________ [AMOUNT IN WORDS] (___) [AMOUNT IN NUMERALS] days of the
date of invoice and that interest will be charge at the rate of __________ [AMOUNT IN
WORDS] percent (__%) [AMOUNT IN NUMERALS] per annum.

      CLIENT HEREBY ACKNOWLEDGES AND AGREES to pay to Attorney or Law
Firm a __________ [AMOUNT IN WORDS] Dollars ($_________) [AMOUNT IN
NUMERALS] service charge in respect of any “NSF” checks returned for any reason
whatsoever, including but not limited to, insufficient funds or stop payment orders.

       CLIENT HEREBY ACKNOWLEDGES AND AGREES that Attorney or Law Firm
will arrange a mutually reasonable payment plan for professional services rendered and
disbursements incurred by Attorney or Law Firm on behalf of Client, should Client make such a
request for such payment plan in writing to Attorney or Law Firm. Client hereby further
acknowledges and agrees that should Client not pay to Attorney or Law Firm the pre-arranged
payment amount within __________ [AMOUNT IN WORDS] (___) [AMOUNT IN
NUMERALS] days of the invoices sent to Client, Attorney will file whatever necessary legal
documentation is required in the applicable jurisdiction to remove Attorney from record as
Attorney for Client, and will seek from Client all fees and disbursements incurred in connection
therewith, including any and all unpaid invoices owing to Attorney or Law Firm plus any
accrued interest.

        CLIENT HEREBY ACKNOWLEDGES AND AGREES that any monies awarded to
Client by way of cash, settlement, judgment, or court order will be deposited into Attorney’s or
Law Firm’s Trust Account and Client hereby gives authority to Attorney or Law Firm to pay any
and all balances due to Attorney or Law Firm out of the Trust Account prior to payment of the
balance of the monies to Client.

       ATTORNEY HEREBY ACKNOWLEDGES that Attorney does and will maintain
Errors and Omissions insurance coverage applicable to the professional legal services rendered
and applicable to the appropriate jurisdiction.

        CLIENT HEREBY ACKNOWLEDGES that Client has the right at any time and upon
Client’s written request, to remove Attorney from record as legal counsel for Client. Attorney
hereby agrees that upon a written request by Client to remove Attorney from record as legal
counsel for Client, Attorney will provide forthwith to Client, all of Client’s legal files and any



© Copyright 2013 Docstoc Inc.                                                            3
documentation in connection therewith, provided that any and all balances due and owing to
Attorney have been paid in full.

       CLIENT HEREBY ACKNOWLEDGES AND AGREES that Attorney has the right to
remove him/herself from record as legal counsel for Client at any time, should any of the
following events occur:

       (i)   Client wishes to engage in a criminal or illegal act;
       (ii)  Attorney is advised and has confirmation that Client has used Attorney’s legal
             services to engage in a criminal or illegal act;
       (iii) Client wishes Attorney to act in such a way that is unethical or is unwise; or
       (iv) Client’s account remains unpaid for a period of over __________ [AMOUNT IN
             WORDS] (___) [AMOUNT IN NUMERALS].

        ATTORNEY HEREBY ACKNOWLEDGES AND AGREES not to remove his or
herself from record as legal counsel for Client without at least __________ [AMOUNT IN
WORDS] (___) [AMOUNT IN NUMERALS] days advance written notice to Client.

      CLIENT HEREBY ACKNOWLEDGES AND AGREES that no legal services will be
commenced by Attorney on behalf of Client until the Retainer Fee is paid in full to Attorney or
Law Firm.

      CLIENT HEREBY ACKNOWLEDGES AND AGREES that any amendments to this
Agreement must be made in writing and signed by both Client and Attorney.

      CLIENT HEREBY ACKNOWLEDGES AND AGREES that Attorney or Law Firm
may increase Attorney, paralegal, or legal assistant hourly billing rate during the term of this
Agreement, provided advance notice of such increase is provided to Client, in writing, within
__________ [AMOUNT IN WORDS] (___) [AMOUNT IN NUMERALS] days.

       CLIENT HEREBY ACKNOWLEDGES that he/she has read and fully understands the
terms and conditions of this Agreement.




© Copyright 2013 Docstoc Inc.                                                          4
       IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the day and year first written above.



SIGNED, SEALED AND DELIVERED          )
in the presence of:                   )
                                      )
                                      )
                                      )
Witness :                             )      (Client)
                                      )
                                      )
                                      )
Witness :                             )      (Attorney)




© Copyright 2013 Docstoc Inc.                                                5

				
DOCUMENT INFO
Description: This is an agreement between an attorney and a client whereby the attorney agrees to represent the client for a retainer fee. A retainer fee is an advanced fee the client pays the attorney that is based on the attorney’s hourly rate. The fee is used as a down payment against which future charges are billed. The client will be responsible for any charges that go beyond the retainer fee amount. Additionally, retainer fees are usually nonrefundable. This agreement should be used by attorneys that want to bill their clients on a retainer fee basis.