Trust Retainer Agreement

TRUST RETAINER AGREEMENT

This Trust Retainer Agreement ("Agreement") is made effective as of by and between Client Name: whose principal address is , and Attorney/Firm Name: whose principal office is located at . The Client and the Firm are each a "Party" and collectively the "Parties."

RECITALS

WHEREAS, the Client is acting as trustee, successor trustee, or other fiduciary for a trust described as: (the "Trust"); and

WHEREAS, the Client wishes to retain the Firm to provide legal and advisory services in connection with administration, interpretation, modification, or other matters related to the Trust; and

WHEREAS, the Firm is willing to accept such engagement on the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. The Client retains the Firm to perform legal services relating to the Trust, and the Firm accepts such engagement subject to the terms of this Agreement. The Firm's representation is limited to the matters specifically described in Section 1.2 and does not include unrelated matters unless agreed in writing.

1.2 Scope of Services. The Firm will provide legal services including, but not limited to: trust administration, beneficiary communications, review and interpretation of trust instruments, preparation of required filings, tax coordination with Client's tax advisors, litigation or dispute resolution as authorized in writing, and other legal tasks reasonably necessary for administration of the Trust. Specific instructions or limits:

2. FEES, RETAINER AND BILLING

2.1 Fee Structure. The Firm will charge for legal services on an hourly basis at the following rates, which may be adjusted annually upon written notice: Lead Attorney: per hour; Associates: per hour; Paralegal: per hour.

2.2 Retainer. Client shall deposit an initial retainer in the amount of $ to be held in the Firm's client trust account and applied against fees and costs as incurred. The Firm may request replenishment of the retainer when the balance is reasonably depleted.

2.3 Billing and Payment. The Firm will render itemized bills at least monthly detailing services performed, timekeepers, time expended, and costs advanced. Payment is due within days after invoice. Any outstanding invoices may be offset against the retainer and, if not timely paid, the Firm may suspend services or withdraw as permitted by law.

3. TRUST ACCOUNT AND DISBURSEMENTS

3.1 Trust Account. All client funds advanced for fees or costs will be held in the Firm's client trust account in accordance with applicable rules governing client funds. The Firm will not commingle funds other than as permitted by applicable professional obligations.

3.2 Disbursements. The Firm may disburse funds from the trust account to pay approved expenses, taxes, court costs, or as otherwise authorized by the Client or by order of a competent tribunal. The Firm will obtain Client authorization prior to major expenditures except where the Firm reasonably concludes immediate action is required to preserve Trust assets.

4. CONFLICTS, CONFIDENTIALITY AND PRIVILEGE

4.1 Conflicts. The Firm has performed a conflicts check based on information provided by the Client. The Client represents that, to the Client's knowledge, no conflict exists other than those disclosed in writing. The Client will promptly notify the Firm if additional facts arise that may create a conflict of interest.

4.2 Confidentiality and Privilege. The Firm will maintain confidentiality of all privileged information received in the course of the representation, subject to exceptions required by law or as otherwise authorized by the Client. The Client acknowledges that communications made on behalf of the Trust may be subject to disclosure to beneficiaries or third parties under the terms of the Trust instrument or applicable law.

5. CONFLICTS RESOLUTION; LIMITATION OF LIABILITY

5.1 Dispute Resolution. The Parties will attempt to resolve any dispute arising under this Agreement by negotiation between senior representatives. If unresolved within 30 days, the Parties agree to mediation administered in the county where the Firm maintains its principal office before initiating litigation. If mediation fails, either Party may pursue judicial relief.

5.2 Limitation of Liability. To the extent permitted by law, the Firm's liability to the Client for any claim arising out of this engagement shall be limited to direct damages and shall not include consequential, incidental, punitive, or exemplary damages.

6. TERMINATION AND FILES

6.1 Termination. Either Party may terminate this Agreement upon written notice. Upon termination, the Firm will cease work except as necessary to protect the Client's interests, and the Client will promptly pay accrued fees, expenses, and any fees reasonably necessary to wind down the representation.

6.2 Files and Records. Original documents will be returned to the Client on request. The Firm may retain copies of files and records for its files and billing and may destroy such materials after a period of time consistent with the Firm's document retention policy. Client may request delivery of electronic files where feasible.

7. INDEMNIFICATION

The Client agrees to indemnify and hold harmless the Firm, its partners, associates and employees from and against any claims, liabilities, costs and expenses (including reasonable attorneys' fees) arising from the Client's breach of this Agreement or from claims by third parties related to acts or omissions of the Client in connection with the Trust, except to the extent caused by the Firm's gross negligence or willful misconduct.

8. NOTICES

All notices under this Agreement must be in writing and delivered by hand, recognized overnight courier, or certified mail (return receipt requested) to the addresses provided below (or to such other address as a Party may designate by notice).

9. AMENDMENTS; WAIVER; COUNTERPARTS

9.1 Amendments. This Agreement may be amended only by a written instrument executed by both Parties.

9.2 Waiver. No waiver of any provision of this Agreement will be effective unless in writing and signed by the Party against whom enforcement is sought. A waiver of any breach shall not constitute a waiver of any subsequent breach.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, and all of which will constitute one and the same instrument.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to principles of conflicts of law.

10.2 Entire Agreement. This Agreement 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.

10.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement will not be affected and will remain in full force and effect.

11. MISCELLANEOUS PROVISIONS

11.1 Independent Professional Judgment. The Firm will exercise independent professional judgment on behalf of the Client. The Firm does not guarantee any particular result.

11.2 Record Retention and Destruction. The Firm will retain records relating to the representation in accordance with professional obligations and may destroy them after a reasonable retention period. The Client may request delivery of original documents at termination.

ACKNOWLEDGMENTS

The Client acknowledges receipt of a copy of this Agreement, understands the scope of the Firm's engagement, the Firm's billing practices, and consents to the Firm's representation subject to the terms herein.

Sign Now