Scope of Representation
Defines the claims, jurisdictions, and specific tasks the attorney will perform, including litigation, negotiation, and settlement authority limits.
A written retainer protects client and counsel by documenting scope, fees, and responsibilities, reducing later disputes and supporting compliance with professional rules and evidentiary needs.
The retainer is used by plaintiffs, counsel, and claims personnel at the outset of representation for motor vehicle accident claims.
Clear distribution to all parties ensures everyone understands fees, expenses, and next steps before substantive work begins.
The client signs to consent to representation, acknowledge fee structure, and authorize release of medical and accident records. Accurate identity and contact details are essential because mismatches can hinder settlement, trigger backup withholding, or complicate liens and medical provider billing.
The attorney signs to confirm acceptance of representation and the agreed fee arrangement. The retainer should also identify the responsible attorney, billing contact, and procedures for disbursements, settlement approval, and dispute resolution to meet ethical obligations and firm intake standards.
Defines the claims, jurisdictions, and specific tasks the attorney will perform, including litigation, negotiation, and settlement authority limits.
Specifies contingency percentage or hourly rate, how fee is calculated (gross vs net recovery), and whether sliding or tiered fees apply at settlement.
Explains which out-of-pocket expenses the client will reimburse (filing fees, expert reports, medical records), and whether expenses are advanced by counsel.
States whether the attorney can accept offers up to a dollar limit or must obtain client approval for all settlements.
Describes conflict checking, grounds for withdrawal, client obligations on termination, and handling of unearned fees or costs.
Addresses medical liens, subrogation by insurers, Medicare/Medicaid reporting obligations, and how liens will be satisfied from proceeds.
| Field | Configuration |
|---|---|
| Signature Field | Mandatory; require date stamp on signature |
| Authentication | Email link plus optional SMS code for higher assurance |
| Conditional Fields | Show expense clauses only if client chooses hourly billing |
| Retention | Enable automatic storage with exportable audit trail |
Choose a platform that supports required authentication, audit trails, and file formats used by your firm.
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | 7-day free trial | Varies by plan | Varies by plan | Varies by plan | Varies by plan |
| Bulk Send | Yes (Business Premium) | Yes | Yes | Yes | Yes |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies by plan | Varies by plan | Varies by plan |
A midsize firm standardized retainer templates to reduce intake time
A practice used templates and API integrations to send retainers automatically
File opened; medical releases and records requested promptly.
Gather police reports, witness statements, and medical documentation.
Demand sent; insurer responses and settlement offers tracked.
Settlement executed, disbursements processed, and file closed with records retained.