A Retainer Agreement is essential when establishing an ongoing attorney-client relationship in the United States. This document is typically used when a client requires regular legal services over an extended period, rather than for a single matter. The agreement details the terms under which the attorney or law firm will provide legal services, including the scope of representation, fee structure, and payment terms. It must comply with state-specific legal requirements and bar association rules. A well-drafted Retainer Agreement protects both parties by clearly defining expectations, responsibilities, and the parameters of the professional relationship. This document is particularly important for establishing trust accounts, billing procedures, and communication protocols between the attorney and client.
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1. Parties: Identification of the attorney/firm and client with full legal names and addresses
2. Background: Context of the engagement and relationship between parties
3. Definitions: Key terms used throughout the agreement including billing rates, retainer, and services
4. Scope of Services: Detailed description of legal services to be provided and any excluded services
5. Fee Structure: Retainer amount, billing rates, payment terms, and trust account management
6. Billing and Payment Terms: Detailed billing procedures, payment schedules, and late payment consequences
7. Term and Termination: Duration of agreement, termination rights, and procedures for both parties
8. Confidentiality: Attorney-client privilege and confidentiality obligations
9. Professional Standards: Commitment to professional conduct rules and ethical standards
1. Conflict Resolution: Procedures for resolving disputes between attorney and client, including mediation or arbitration provisions
2. Insurance: Professional liability insurance details and coverage information
3. Outside Counsel: Terms and conditions for engaging additional counsel or specialists
4. File Retention: Policies regarding maintenance and disposal of client files after engagement
5. Technology and Communications: Protocols for electronic communications and data security measures
1. Schedule A - Fee Schedule: Detailed breakdown of hourly rates, flat fees, and other charges
2. Schedule B - Billing Guidelines: Specific billing procedures, acceptable expenses, and client-specific requirements
3. Schedule C - Team Structure: List of attorneys and staff assigned to the matter with their roles and rates
4. Schedule D - Excluded Services: Specific list of services not covered under the retainer agreement
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