Scope of Services
Describe specific tasks and excluded matters so both parties understand what the attorney will and will not handle; tie scope to case identifiers or exhibits when practical.
A clear retainer reduces disputes about fees and scope, documents informed consent to representation, and records client authorization to proceed. It supports compliance with bar ethics rules and provides evidence of the parties’ intent if a billing dispute or malpractice question arises.
Retainer agreements are used by law firms and individual attorneys when accepting domestic matters and by clients who want clarity about cost, scope, and confidentiality.
Having a written retainer standardizes expectations for both sides and makes fee accounting and record retention easier for compliance.
The signing attorney is the party offering professional services; their signature binds the firm to the scope, client communications, fee arrangements, and trust account obligations under applicable state ethics rules.
The client (individual or representative) signs to consent to the engagement, acknowledge fee arrangements, and authorize the attorney to act on specified domestic legal matters; mismatched or missing signatures can delay representation.
Describe specific tasks and excluded matters so both parties understand what the attorney will and will not handle; tie scope to case identifiers or exhibits when practical.
State whether billing is hourly, flat fee, contingency (if allowed), or blended; include rates, increments, and how billable time is computed to prevent disputes.
Specify retainer amount, whether it is earned or held in trust, the conditions for drawing against it, and reconciliation procedures consistent with state trust account rules.
List client-responsible expenses (filing fees, process servers, experts) and how invoices for costs will be presented and paid.
Include a confidentiality clause and reference applicable duties under client privilege and state ethics obligations; address limited exceptions.
Set notice requirements, handling of unearned retainer amounts, and obligations upon withdrawal or substitution of counsel.
| Field | Configuration |
|---|---|
| Client Name Field | Use required validation and exact-match hint text |
| Date Fields | Enforce MM/DD/YYYY format with calendar picker |
| Retainer Payment | Add required payment field or trust-account instruction |
| Signature Block | Require signer email and a final signature field with timestamp |
Use secure channels and eSignature-compatible platforms to exchange the retainer and capture an audit trail.
Platforms typically integrate with systems such as Microsoft 365, Google Workspace, Salesforce, NetSuite, Box, or practice-management software to simplify storage and recordkeeping.
Payment required upon signing unless stated otherwise
State monthly or periodic invoice frequency in the agreement
Specify how and when clients must contest invoices
Provide required days' notice for voluntary termination
Indicate timeline for returning any refundable balance
Client signs and initial retainer payment is received
Conflict check, ID verification, and file opened
Services performed and invoices generated per cycle
Final invoice issued; unearned retainer reconciled and returned
| Signature Type | Electronic | Digital (PKI) |
|---|---|---|
| Legal Status | valid under esign/ueta | valid and cryptographically stronger |
| Non-repudiation | depends on audit trail | cryptographic certificate provides stronger proof |
| Use Cases | general agreements | high-assurance or regulated records |
| Implementation | email link or typed name | certificate-based signing |
| 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 trial | Varies by vendor | Varies by vendor | Varies by vendor | Varies by vendor |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
Optica used an online retainer to onboard service providers quickly
Martin Properties implemented electronic retainers for property disputes