Are electronically signed retainers enforceable?

Yes. Electronic signatures are legally binding under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; ensure intent, consent, attribution, and retention requirements are met.

Do consumer disclosures apply?

If the agreement is consumer‑facing, provide the ESIGN consumer disclosure showing the consumer can access electronic records and permit opting for paper, per 15 U.S.C. §7001(c).

Is notarization required for a retainer agreement?

Generally not required for retainer agreements; some states or specific filings may require notarization—check local court rules or state law before assuming notarization is unnecessary.

How can a client revoke or cancel the retainer?

Cancellation and refund terms should be stated in the agreement; withdrawal by counsel is governed by ethics rules and may require court permission if the matter is active.

How do I update the agreement after signing?

Create a written amendment signed by both parties; record the amendment alongside the original signed agreement and preserve the audit trail for both documents.

Who should sign on behalf of an organization?

An authorized officer or agent with delegated authority should sign; confirm authority by corporate resolution or written authorization to avoid later challenges.

Electronic Signature
Templates
Legal
Legal Motion Retainer Agreement

Legal Motion Retainer Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Legal Motion Retainer Agreement

This Legal Motion Retainer Agreement (the Agreement) is entered into as of , (Effective Date), by and between Client Name: , whose primary address is (Client), and Attorney/Firm Name: , whose principal office is located at (Attorney).

RECITALS

WHEREAS, Client desires to retain Attorney to prepare, file, prosecute, oppose, or otherwise handle legal motions and related pleadings (collectively, the Motions) in connection with Client's matter described below; and

WHEREAS, Attorney represents that Attorney is duly admitted to practice law and has the experience and capacity to perform the services described in this Agreement; and

WHEREAS, the parties wish to define their respective rights and obligations with regard to the engagement and the handling of fees, costs, and related matters.

NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. Client retains Attorney to perform legal services in connection with motions and related proceedings as described in Section 1.2. Attorney accepts the engagement under the terms set forth in this Agreement.

1.2 Scope of Services

1.3 Excluded Services. The engagement does not include appeals, trial representation, or separate transactional work unless expressly agreed in writing. Any additional services will be subject to a separate agreement or amendment to this Agreement.

2. FEES, RETAINER, AND BILLING

2.1 Fee Structure. Client and Attorney agree that fees for services rendered under this Agreement will be charged as follows (select applicable option[s]):

Hourly: Attorney will bill at an hourly rate of $ per hour, plus costs.

Flat Fee: Client will pay a negotiated flat fee of $ for the services described in Section 1.2.

Other billing arrangement:

2.2 Retainer

2.3 Trust Account and Application. Retainer funds will be deposited into Attorney's trust account and applied against fees and costs earned or incurred in accordance with applicable professional responsibilities. Client authorizes Attorney to draw from the retainer as fees and costs are incurred and to provide periodic accounting and statements reflecting the application of retainer funds.

2.4 Billing and Payment

3. CLIENT RESPONSIBILITIES

3.1 Cooperation. Client agrees to cooperate fully with Attorney, provide timely and accurate information, attend hearings and depositions as needed, and comply with reasonable requests for documents and signatures.

3.2 Specific Client Tasks

4. CONFLICTS, AUTHORIZATIONS AND REPRESENTATION LIMITS

4.1 Conflicts. Attorney will conduct a conflicts check prior to accepting the engagement. If a conflict is discovered that materially affects Attorney's ability to represent Client, Attorney shall notify Client promptly and will take such action as required by applicable rules of professional conduct.

4.2 Authorization to Communicate. Client authorizes Attorney to communicate with opposing counsel, court personnel, experts, and other third parties as reasonably necessary to perform the scope of services.

5. CONFIDENTIALITY

5.1 Attorney-Client Privilege. Attorney will maintain the confidentiality of information provided by Client to the extent required by law and applicable rules of professional conduct. Any disclosure compelled by law will be made only after reasonable notice to Client, unless prohibited by court order.

6. WITHDRAWAL AND TERMINATION

6.1 Termination by Client. Client may terminate this Agreement at any time by written notice. Client remains responsible for all fees, costs, and expenses incurred up to the date of termination, including reasonable costs of transition.

6.2 Withdrawal by Attorney. Attorney may withdraw from representation if withdrawal can be accomplished consistent with applicable rules of professional conduct, including where Client fails to cooperate, refuses to follow Attorney's advice, or where continued representation would result in violation of law or ethical rules.

6.3 Notice Period for Termination (if applicable)

7. FILES AND RECORDS

7.1 Client Files. Upon conclusion of the engagement, Attorney will maintain Client's file in accordance with Attorney's file retention policies and professional obligations. Client may request delivery of the file; Attorney may retain copies and may charge reasonable costs for copying and delivery.

7.2 File Retention Period

8. DISPUTE RESOLUTION

8.1 Good Faith Resolution. The parties agree to attempt in good faith to resolve any dispute arising under this Agreement by negotiation between the parties' authorized representatives before initiating formal dispute resolution.

8.2 Remedies. Nothing in this Agreement shall prevent either party from seeking provisional or interim relief from a court of competent jurisdiction when such relief is necessary to preserve the status quo or prevent irreparable harm.

9. MISCELLANEOUS PROVISIONS

9.1 Amendments. This Agreement may be amended or modified only by a written instrument executed by both parties.

9.2 Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures delivered by electronic transmission shall be deemed original signatures.

NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and delivered to the addresses below or to such other address as either party may designate by notice in accordance with this Section.

Client Notice Address Attorney Notice Address

GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction in which Attorney maintains the principal office, without regard to principles of conflicts of law.

Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Entire Agreement. This Agreement, together with any exhibits or written amendments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

EXECUTION

The parties acknowledge that they have read and understand this Agreement, and that they have the authority to bind the entity or individual for whom they sign.

Client Name:

By:

Date:

Attorney/Firm Name:

By:

Date:

Definition and purpose of a Legal Motion Retainer Agreement

A Legal Motion Retainer Agreement is a written contract between an attorney or law firm and a client that defines the scope, fees, and responsibilities related to preparing and filing a specific court motion or series of motions. It sets out the retainer amount, billing method, tasks the attorney will perform (research, drafting, filing, and hearing attendance), and the client’s obligations, such as providing documents and timely communication. The agreement clarifies who controls settlement authority, how costs and expenses are advanced, and how the attorney will withdraw or terminate representation if conflicts or nonpayment occur.

Why a clear retainer agreement matters for motions

A focused retainer agreement reduces disputes by documenting the motion scope, fee arrangement, and advance cost responsibilities. It protects both parties, supports ethical compliance, and creates a clear record for billing and court-related timelines.

Who typically executes a Legal Motion Retainer Agreement

Common users include law firms, individual attorneys, and clients who need representation for pretrial or post‑trial motions.

Law firms and partners who assign motion work to litigation teams and need fee allocation clarity.
Solo practitioners who handle discrete motion practice and require clear client expectations on costs.
In-house counsel engaging outside counsel for specialized motions or to supplement internal capacity.

The agreement is also used by cost-conscious clients and insurers to define responsibility for filing fees and expert expenses.

Representative signer roles

Lead Counsel

Partner or managing attorney who accepts engagement, signs for the firm, and is responsible for supervising motion strategy, client communications, and delegation to associates or contract attorneys.

Client Representative

Individual client, corporate officer, or authorized agent who signs to confirm scope, pay retainer, provide necessary documents, and acknowledge billing and withdrawal terms.

Essential sections to include in the agreement

A comprehensive motion retainer agreement organizes the relationship into discrete, enforceable sections so both parties understand scope, fees, and next steps.

Retainer Terms

Describe retainer amount, trust account handling (IOLTA where applicable), conditions for replenishment, and how the retainer is applied to fees and expenses.

Scope of Work

Specify which motions and related tasks are covered, and state expressly what is excluded unless separately agreed in writing.

Fee Structure

State hourly rates or flat fees, billing increments, estimates for typical motions, and when client is billed for filing or expert costs.

Costs and Expenses

Identify court filing fees, service costs, deposition or expert charges, and outlining which advances are refundable or nonrefundable.

Client Obligations

List document delivery timelines, cooperation requirements, decision authority, and consequences of noncooperation on deadlines and fees.

Termination & Withdrawal

Describe grounds for withdrawal, notice requirements, final accounting, and how files and unearned retainer balances will be handled.

Step-by-step process to complete the agreement

Follow these steps to prepare, review, and execute a motion retainer agreement reliably.

01

Collect details: Assemble client ID, case number, opposing counsel, and anticipated motion type.
02

Draft terms: Fill scope, fees, expenses, and termination language tailored to the motion.
03

Review and negotiate: Review changes with client, clarify estimates, and document accepted revisions.
04

Execute and retain: Have both parties sign, date the agreement, and save executed copies for records.

Typical routing and post‑execution workflow

A consistent routing sequence reduces processing delays and ensures filed motions have full supporting documentation.

Upload executed agreement: Store a signed PDF in the matter folder and client file.
Deposit retainer: Place funds into the firm trust account per state bar rules.
Authorize motion drafting: Associate drafts motion and attachments after authorization and receipt of documents.
File and serve: File with court or e‑file system and serve opposing counsel per local rules.

Digital workflow settings to configure

When using an eSignature platform, configure authentication, signing order, and notifications to match ethical and court requirements.

Field	Configuration
Authentication Level	Email link or SMS code; use stronger ID evidence for privileged documents.
Signature Order	Set attorney then client, or simultaneous signing if agreed.
Templates	Create a retainer template with conditional fields for motion types.
Notifications	Enable completion notices and archived copy delivery to all parties.

Technical and format considerations for eSigning and storage

Confirm the platform supports required audit trails, file formats, and integrations before sending the agreement for signature.

File formats: PDF and DOCX accepted; keep original and flattened signed PDF.
Audit trail: Capture IP, timestamp, and signer attribution.
Integrations: Connect to matter management, cloud storage, and billing systems.

Using a platform with secure storage, audit capabilities, and common integrations reduces administrative overhead and strengthens evidentiary records.

Key data elements to include in the agreement

Client ID: Full legal name

Matter Number: Court docket or internal ID

Retainer Amount: Dollar amount

Billing Rates: Hourly or flat rate

Scope Summary: Clear motion description

Signature Date: MM/DD/YYYY

Common drafting and execution pitfalls

Vague scope language that omits which motions are included, creating billing disputes and scope creep.
Failing to state whether expenses are advanced or billed separately, which leads to expectation gaps about refundability.
Using shorthand or initials instead of full legal names and titles, which complicates enforcement and banking rules.
Neglecting to confirm who has settlement or withdrawal authority, causing later conflicts during negotiation or court events.

Risks and consequences of a flawed retainer agreement

Missed Deadlines: Waived claims or sanctions

Insufficient Retainer: Work halted for nonpayment

Unauthorized Authority: Invalid settlements or obligations

Conflicts: Ethical violations risk

Poor Recordkeeping: Billing disputes increase

Court Rejection: Procedural noncompliance

Typical deadlines and timing considerations

Retainer agreements intersect with court and billing deadlines; documenting these dates prevents missed filings and fee disputes.

Effective Date Entry:

Date when attorney’s duties and client obligations begin.

Motion Filing Deadline:

Specify known filing cutoff and time zone for court submissions.

Opposition/Reply Deadlines:

Record expected response windows for opposition and reply briefs.

Billing Cycle:

State invoice frequency and payment due dates.

Record Retention:

Document how long executed agreement will be kept.

Key milestones from engagement to post‑filing

Track milestones so motion preparation, filing, and follow up occur on schedule and with required documentation.

01

Engagement Accepted

Client signs and retainer deposited; matter is opened.

02

Drafting Complete

Motion and exhibits assembled, client approves final draft.

03

Filing and Service

Motion filed and opposing counsel served in compliance with rules.

04

Post‑Filing Monitoring

Track hearing dates, orders, and next steps after court action.

Comparing baseline vendor pricing and capabilities for retainer eSignature

High‑level vendor comparison for common eSignature criteria; signNow is listed first per platform conventions.

	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	Yes, 7-day free trial	No	No	No	No
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Legal Motion Retainer Agreements

Answers to common concerns about enforceability, eSigning, notarization, amendment, and cancellation for motion retainers.

Need help? Contact support

Are electronically signed retainers enforceable?
Yes. Electronic signatures are legally binding under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted; ensure intent, consent, attribution, and retention requirements are met.
Do consumer disclosures apply?
If the agreement is consumer‑facing, provide the ESIGN consumer disclosure showing the consumer can access electronic records and permit opting for paper, per 15 U.S.C. §7001(c).
Is notarization required for a retainer agreement?
Generally not required for retainer agreements; some states or specific filings may require notarization—check local court rules or state law before assuming notarization is unnecessary.
How can a client revoke or cancel the retainer?
Cancellation and refund terms should be stated in the agreement; withdrawal by counsel is governed by ethics rules and may require court permission if the matter is active.
How do I update the agreement after signing?
Create a written amendment signed by both parties; record the amendment alongside the original signed agreement and preserve the audit trail for both documents.
Who should sign on behalf of an organization?
An authorized officer or agent with delegated authority should sign; confirm authority by corporate resolution or written authorization to avoid later challenges.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now