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Also referred to as:
- Representation Agreement
- Retention Agreement
- Engagement Letter
Function of a Legal Retainer
A retainer agreement that reserves the services of a legal professional is used when an individual or entity requires ongoing legal representation. The client may require their services for a particular court case or want the privilege of requesting legal advice when needed.
Another purpose of the retainer agreement is to relay the scope of the attorney’s representation. It enables them to define the boundaries of their expertise so the client doesn’t expect representation in areas of law that they do not practice.
Types of Attorney Retainer Agreements
There are generally three types of legal retainer agreements:
- General retainer. Used when an attorney ensures availability to take on a case or any future legal matters that may come up for their client.
- Security retainer. Also known as a retaining fee, this is a pre-payment for future services, but the money goes into a trust account until compensation is earned.
- Advance payment retainer. Payment in advance for future services that the firm or attorney will provide. Payment can go directly to the lawyer and usually covers the full compensation.
Sample
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LEGAL RETAINER AGREEMENT
1. THE PARTIES. This Retainer Agreement (the “Agreement”) is made effective as of [MM/DD/YYYY] by and between:
Legal Counsel: [LEGAL COUNSEL NAME], with a mailing address of
[LEGAL COUNSEL ADDRESS] (the “Legal Counsel”), and
Client: [CLIENT NAME], with a mailing address of
[CLIENT ADDRESS] (the “Client”).
2. SERVICES. The Legal Counsel agrees to provide the following Service(s): [DESCRIBE SERVICE(S)] (hereinafter the “Services”).
3. TERM. The Services shall commence on [MM/DD/YYYY] and end upon either party providing [#] days’ notice.
4. COMPENSATION. In consideration for the Services provided, the Legal Counsel is to be paid the following compensation: [DESCRIBE COMPENSATION].
5. PAYMENT METHOD. The Legal Counsel shall be paid, in accordance with section 4, within [#] days upon the Client receiving an invoice from the Legal Counsel.
6. RETAINER. The Client is required to pay a retainer of $[AMOUNT].
7. DISPUTES. If any dispute arises under this Agreement, the parties shall negotiate in good faith to settle such dispute. If the parties cannot resolve such disputes themselves, then either party may submit the dispute to mediation by a mediator approved by both parties.
8. INDEPENDENT CONTRACTOR STATUS. The Legal Counsel is an independent contractor, and neither the Legal Counsel’s employees nor contract personnel are or shall be deemed the Client’s employees.
9. NON-DISCLOSURE. The Legal Counsel agrees not to disclose or use the Client’s proprietary or confidential information without prior written consent, except as needed to perform the Services, recognizing that such actions would cause irreparable harm to the Client.
10. INDEMNIFICATION. The Legal Counsel shall indemnify and hold the Client harmless from any loss or liability from performing the Services under this Agreement.
11. GOVERNING LAW. This Agreement shall be governed by the laws of the State of [STATE NAME].
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates written hereunder.
Legal Counsel’s Signature: ______________________ Date: [MM/DD/YYYY]
Print Name: [LEGAL COUNSEL NAME]
Client’s Signature: ______________________ Date: [MM/DD/YYYY]
Print Name [CLIENT NAME]