The Limited Retainer Agreement is essential for establishing clear parameters in professional legal relationships under Philippine law. It is particularly useful when clients require ongoing legal services but want to maintain cost control and service predictability. The document outlines specific legal services covered, excluding matters outside the defined scope, and typically includes retainer fees, service limitations, and termination provisions. This agreement type complies with Philippine Civil Code requirements, the Code of Professional Responsibility, and relevant Supreme Court guidelines on attorney-client relationships. It's commonly used by businesses seeking regular legal counsel for specific matters, startups requiring limited scope legal support, or individuals needing ongoing but bounded legal assistance.
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1. Parties: Identification of the Attorney/Law Firm and the Client, including complete names, addresses, and contact information
2. Background: Brief context of the engagement and the Client's need for legal services
3. Definitions: Key terms used throughout the agreement including 'Services', 'Retainer Fee', 'Scope of Work', etc.
4. Scope of Services: Detailed description of legal services covered under the retainer, with clear limitations and exclusions
5. Term: Duration of the retainer agreement, including start date and initial term
6. Fees and Payment Terms: Retainer amount, billing rates, payment schedule, and handling of disbursements
7. Client Responsibilities: Client's obligations including providing accurate information, timely communication, and document provision
8. Attorney Rights and Responsibilities: Professional obligations, standards of service, and commitment to client representation
9. Confidentiality: Obligations regarding client confidentiality and handling of privileged information
10. Termination: Conditions and process for terminating the agreement by either party
11. Governing Law: Specification of Philippine law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution requirements
1. Conflict Resolution: Optional section detailing mediation or arbitration procedures, recommended for higher-value retainers
2. Insurance: Details of professional indemnity insurance, if specifically requested by client
3. Intellectual Property: Provisions regarding ownership of work product, relevant for corporate or IP-focused retainers
4. Force Majeure: Provisions for unforeseen circumstances, recommended for longer-term retainers
5. Non-Exclusivity: Clarification that attorney may serve other clients, important for corporate clients
6. Successor Counsel: Provisions for transition to other counsel, important for litigation matters
1. Schedule A - Scope of Services: Detailed breakdown of included and excluded services
2. Schedule B - Fee Schedule: Detailed breakdown of fees, hourly rates by attorney level, and billing increments
3. Schedule C - Authorized Representatives: List of client personnel authorized to give instructions
4. Appendix 1 - Standard Terms and Conditions: Firm's standard terms and conditions applicable to all retainers
5. Appendix 2 - Conflict Check Results: Optional appendix documenting results of conflict checking process
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