DUII Defense Form

DUII DEFENSE RETAINER AGREEMENT

This DUII Defense Retainer Agreement is made on this date: by and between Client Name: (hereinafter "Client") and Attorney/Firm Name: (hereinafter "Counsel").

RECITALS

WHEREAS, Client has been charged with or is under investigation for an offense described as: arising from an alleged incident on or about in the jurisdiction of , Case Number: .

WHEREAS, Client seeks legal representation for defense, pretrial proceedings, negotiation, and, if necessary, trial; and

WHEREAS, Counsel is willing to provide such representation under the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. SCOPE OF REPRESENTATION

Counsel will represent Client in connection with the DUII matter identified above, including but not limited to: advising Client regarding criminal exposure; conducting or coordinating investigation; obtaining and reviewing discovery; filing and arguing pretrial motions; negotiating pleas; representing Client at trial and sentencing; and advising on appeals or post-conviction remedies where expressly agreed in writing. Representation does not include unrelated civil matters, separate administrative proceedings (unless expressly included below), or appeals beyond those specifically accepted in writing.

2. CLIENT INFORMATION

3. FEES, RETAINER AND COSTS

Client agrees to pay Counsel fees and costs as follows. Fees are earned as services are performed; costs are advanced by Counsel and may be charged to Client. Client authorizes Counsel to apply retainer funds to fees, costs, and expenses incurred in representation up to the sum of the retainer.

4. TRUST ACCOUNT AND APPLICATION OF FUNDS

Retainer funds will be held in Counsel's client trust account in accordance with applicable rules of professional conduct. Counsel may withdraw fees and costs from the trust account upon billing and notice to Client. If the retainer falls below the level required for ongoing representation, Counsel may request replenishment. Unused retainer funds will be returned to Client after conclusion of representation and final accounting.

5. INVESTIGATION, EXPERTS AND SUBCONTRACTORS

Counsel may retain investigators, experts, consultants or other subcontractors as reasonably necessary. Client authorizes Counsel to incur reasonable third-party expenses on Client's behalf. Estimated initial investigative/expert fee: . Scope of anticipated investigation and experts:

6. CLIENT COOPERATION AND DUTIES

Client shall truthfully disclose all facts, cooperate with Counsel, attend all scheduled appearances and promptly provide requested documents and information. Client must not contact witnesses or otherwise interfere with Counsel's investigation without prior approval. Failure to cooperate may be grounds for Counsel's withdrawal and termination of this Agreement.

7. CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE

Communications between Client and Counsel are privileged to the extent recognized by law. Client authorizes Counsel to disclose privileged information only as necessary for the representation or as required by law. Counsel will take reasonable measures to protect Client confidences.

8. PLEA, NEGOTIATION AND TRIAL

Counsel will consult with Client before entering plea negotiations. Counsel may, subject to Client's informed consent, negotiate plea agreements, recommend resolutions, and proceed to trial if reasonably appropriate. The ultimate decision to accept or reject a plea or to waive jury trial rests with Client unless Client grants express written authority to Counsel to accept a plea on Client's behalf.

9. TERMINATION AND WITHDRAWAL

Either party may terminate this Agreement upon written notice. Counsel may withdraw if Client fails to comply with obligations, if a conflict arises, or for good cause permitted by applicable rules and court approval where required. Upon termination, Client remains responsible for fees and costs incurred up to the effective date of termination.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below. Notice is effective upon personal delivery or three days after deposit in the mail unless otherwise provided by court rule.

11. CONFLICTS OF INTEREST

Counsel represents no party adverse to Client in this matter at the time of execution. Client must promptly disclose any potential conflicts. Counsel reserves the right to withdraw if an unwaivable conflict arises. Client hereby acknowledges receipt of conflict information as required by applicable rules.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by the laws of the state in which the charged offense is prosecuted. This Agreement constitutes the entire agreement between the parties regarding Counsel's representation of Client in the matters described herein and supersedes all prior agreements and understandings, whether written or oral, relating to that representation. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. AMENDMENTS, WAIVER AND COUNTERPARTS

Any amendment to this Agreement must be in writing and signed by both parties. The waiver of any breach shall not constitute a waiver of any other breach. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

14. ACKNOWLEDGMENTS

Client acknowledges having read and understood this Agreement, having had the opportunity to ask questions, and having received a copy of this Agreement. Client acknowledges that Counsel has made no guarantee as to the outcome of the matter.

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