Draft and prepare a retainer agreement for a client according to the following facts:
Client: Harvey Sample
Matter: Divorce
Your Firm: [Your Last Name] Law Offices
Retainer Amount: $3,000.00
Hourly Rate: $250.00
You will want to include language regarding the following:
Limits and scope of your representation
Describe the sort of matter you are representing the client on and any limits on that representation.
Termination of representation
Explain the terms and conditions upon which your representation may be terminated.
Appeals
Does your representation of this client includes any appeal of the final judgment? What about post-trial motions? Future child custody modifications or child support adjustments?
Charges for long distance
Who pays for long distance charges accrued on the clients behalf? At what rate?
Postage
Who pays the actual postage costs incurred on behalf of the client?
Deposition expenses
Is the client responsible for the cost of deposition? Court reporter costs? Cost for deposition transcripts? Does the client have to pay your hourly rate for tour participation at depositions?
Copies
Who pays for photocopying charges accrued on the clients behalf? At what rate?
Communications policies
What sort of response (timeliness) can the client expect when contacting your office? May they communicate with you via email? May the client call you on your cellular phone? Are you available nights? Weekends?
Liens
Are you reserving the right to place liens upon the proceeds of the lawsuit in order to collect unpaid fees? Are you reserving the right to retain the client file to secure payment?
Severability
What happens if one of the clauses in the Retainer Agreement becomes void or is rendered impossible or impractical? Do the other clauses remain in effect or is the entire agreement voided?