Requirements for a Retainer Agreement Start with a Written Contract! ALWAYS!

Contract Name the parties  Client and Law Firm Any Conditions? Dated and Signed Scope of Services  What case/matter?  Services Not Covered Amount of fee

Client Duties Be Truthful Cooperate with office  Give information requested, promptly Keep us informed  Of necessary information, contact information and changes Pay fee as agreed

Firm Responsibilities Spell out what will be done  Prepare court documents  Pursue matter to conclusion through negotiation and trial? May exclude trial if collaborative law case  Perform legal research  Conferences and negotiations  Attend court hearings  Correspond with counsel, parties, experts  Take steps advisable to do the above

Fees Set out hourly fees  For lawyers and paralegals  Or Contingent Amounts Percentage at various stages of conclusion of case Other costs and charges Travel Experts, Consultants, Investigators

Billing Statements Monthly Prepay new retainer as needed Interest charges? Costs to collect Right to Withdraw for non-payment

Discharge and Withdrawal When client may discharge attorney  ANY TIME! When attorney may withdraw  Consent of client  For good cause (Define this!)

Other important issues Disclaimer of guarantee! Copy of file and reports Privacy notice  Note that cell phones and are not protected Affirm client has read and understands Don’t forget to have client sign and date!