RETAINER ARRANGEMENT
__________________________ (“Client”), and ____________________________
(“FIRM”), hereby agree as follows:
1.
Client has retained the services of FIRM, and FIRM accepts employment to
represent Client with regard to a ________________ action in the _______________________.
2.
(a)
In consideration of services to be performed and costs to be advanced, Client
shall pay FIRM a retainer in the sum of $______________. This retainer is an advance payment for
legal fees and expenses. FIRM has the right to request further amounts from Client as retainer
balances are depleted. Should FIRM's total billings be less than the amount of the retainer, Client
will be refunded the balance of the retainer fee at the conclusion of representation in this matter.
Client acknowledges that FIRM has not stated to Client the total amount of Client's obligation for
fees and expenses.
(b)
Client shall pay FIRM's customary hourly charges as fees for services
performed for Client FIRM's rates for lawyers range from $_______ to $_______ per hour,
depending on a particular lawyer's experience, reputation and expertise and also the subject of the
legal matter undertaken by FIRM. ______________________ will be Client's primary attorney on
this case. His hourly rate for this matter is, $________. Hourly rates for FIRM's associates range
from $_____ to $_______ and the hourly rates for FIRM's legal assistant is $______.
(c)
FIRM may assign portions of Client's work to other lawyers and paralegals.
However, FIRM's hourly billing rate shall not exceed $________.
(d)
FIRM's minimum fee for any service performed on behalf of the Client is
one-fourth (1/4) of an hour. Services for which there is a charge may include preparation of
correspondence, pleadings, agreements and other documents and also substantive telephone
conferences, trial preparation, travel, research and appearance at trial.
(e)
FIRM may increase or decrease its hourly rates by giving Client not less than
60 days notice of such increase or decrease.
(f)
Client shall reimburse FIRM for all costs advanced on Client's behalf. Such
costs may include, but are not limited to, filing fees, court costs, telephone charges, postage,
delivery charges, courier service, travel, photocopying, accountants' fees, appraisal fees, expert
witness fees, process servers, court reporters, etc. Except for specialized word processing services,
FIRM will not assess a separate charge for stenographic or word processing unless there is an
unusual situation arising out of the Client's needs requiring overtime staff work.
(g)
Client authorizes FIRM to apply for attorney's fees in certain cases where
appropriate at any stage of the proceedings. If attorneys' fees are awarded and paid, the amount paid
shall be credited to Client's account. It is understood that it is not FIRM's duty to attempt to collect
fees for costs from an adverse party without charging Client for services rendered in that regard.
-1-
(h)
FIRM will normally send monthly statements to Client. Payment is due and
payable upon receipt of the, statement. Should a statement remain unpaid after 45 days from the
date of the statement; FIRM reserves the right to withdraw as counsel in Client's matter. A late
charge on all unpaid statements at the rate of twelve percent (12%) per annum (1% per month) shall
be charged from the 31st day following the statement date.
3.
FIRM shall keep Client informed as to the progress of all proceedings, including
providing Client copies of all correspondence and pleadings. The Client shall provide all
information requested by FIRM and cooperate fully.
4.
All documents provided FIRM by Client during the course of FIRM's
representation, together with Client's file, will be maintained by FIRM for at least two years after
the conclusion of this matter. After two years, if no request by Client is made for the return of such
documents, FIRM may discard Client's file and documents without further notice to Client.
5.
FIRM cannot and does not warrant or predict developments or final results in any
matter, including this matter, with Client. FIRM assures Client that it will do its utmost to achieve
economic and personal results that are just and reasonable.
DATED THIS the
day of
, 200___.
____________________________________
BY: _________________________________
CLIENT
-2-
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