Pre-File Legal Retainer

Pre-File Legal Retainer

This Pre-File Legal Retainer Agreement ("Agreement") is entered into as of by and between Attorney Name: with principal address: (Attorney), and Client Name: with address: (Client).

Recitals

WHEREAS, Client seeks legal advice and limited representation in connection with pre-filing investigation, pre-filing demand, and preparation of documents necessary to determine whether to file claims or administrative charges relating to the matter described as:

WHEREAS, Attorney is willing to provide such limited services consistent with the terms and conditions set forth in this Agreement and in accordance with professional rules of conduct governing the attorney-client relationship;

WHEREAS, the parties intend by this Agreement to set forth the scope, fees, retainer arrangements, and other material terms governing the pre-filing representation.

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

1. Engagement; Scope of Services

1.1 Engagement. Client retains Attorney to perform pre-filing legal services limited to investigation, fact development, legal research, pre-filing demand or notification, drafting of pre-litigation correspondence, and preparation of documents necessary to evaluate or effectuate potential filing ("Pre-File Services"). Attorney will not commence formal litigation or administrative filing on Client’s behalf under this Agreement unless the parties execute a separate written engagement or an amendment to this Agreement expressly authorizing such filings.

1.2 Scope Details. The specific tasks to be performed are described below and may be further detailed by written attachment:

2. Retainer, Fees and Fee Allocation

2.1 Retainer Deposit. Client shall pay an initial retainer in the amount of to be deposited into Attorney's client trust account. The retainer will be applied against fees and costs as billed. If the retainer is exhausted, Client agrees to replenish the retainer upon request.

2.2 Hourly Rates. Attorney's services shall be billed at the hourly rates set forth below:

2.3 Earned Fees; Refunds. Fees earned for work performed are nonrefundable. Any portion of the retainer that is not earned at termination of the representation will be returned to Client after accounting for unbilled time and outstanding costs, subject to Attorney's right to offset for unpaid statements.

3. Costs and Expenses

Client is responsible for all out-of-pocket costs and expenses incurred in connection with the Pre-File Services including, but not limited to, costs for filing fees, process servers, courier and postage, investigative services, expert consultations, photocopying, long-distance telephone charges, and other third-party vendors. Attorney may require Client to advance such costs and will not be required to advance substantial costs without Client's prior written authorization.

4. Billing, Statements and Payment

Attorney will render itemized statements monthly or at other regular intervals. Statements will describe services performed, the time expended, the attorney or staff performing the work, and costs advanced. Payment is due within 30 days of the invoice date. Overdue balances may accrue interest at a rate of

5. Client Responsibilities and Authority

Client shall cooperate fully, provide truthful and complete information, produce documents and evidence as requested, and appear for interviews or meetings when reasonably requested. Client represents that the information provided is accurate to the best of Client's knowledge and that Client has the authority to retain Attorney for the limited pre-filing matter described herein.

6. Confidentiality and Privilege

All communications between Attorney and Client concerning legal advice shall be privileged to the fullest extent permitted by law. Client acknowledges that disclosure of privileged information to third parties may waive the privilege. Attorney may, to the extent permitted by law and professional obligations, disclose limited information to necessary third-party vendors when required to perform services, provided Attorney attempts to protect confidentiality to the extent practicable.

7. Conflicts; Withdrawal and Termination

Attorney represents that a conflicts check has been performed. If a conflict arises, Attorney may withdraw or decline further representation consistent with applicable rules of professional conduct. Either party may terminate this Agreement upon written notice. Upon termination, Client remains responsible for all fees and costs incurred prior to termination and for reasonable wind-down services.

8. Limitation of Representation

This engagement is limited to Pre-File Services described herein. Unless otherwise agreed in writing, Attorney is not retained to represent Client in litigation, trial, arbitration, administrative hearings, or appeals. Any extension of representation beyond pre-filing activities requires a separate written agreement.

9. File Retention and Client Property

Upon conclusion of the engagement, Attorney may retain Client files and documents as permitted by law. Client may request return of original documents at Client's expense. Attorney may destroy closed files after a reasonable retention period consistent with professional obligations.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state indicated below without regard to its conflict of laws principles.

11. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral, relating to the pre-filing representation.

12. Severability

If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed and the remainder of this Agreement shall continue in full force and effect.

13. Amendments; Waiver; Counterparts

Any amendment to this Agreement must be in writing and signed by both parties. Failure to enforce any provision shall not constitute a waiver of future enforcement. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one instrument.

14. Notices

All notices under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by written notice delivered in accordance with this section. Notice is effective upon personal delivery, confirmed delivery by overnight courier, or three days after deposit in the U.S. mail, postage prepaid.

15. Acknowledgment and Client Consent

By signing below, Client acknowledges that Client has read and understands this Agreement, consents to the limited scope of representation described herein, and authorizes Attorney to proceed with the Pre-File Services. Client further acknowledges receipt of a copy of this Agreement.

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