Free Attorney Retainer Agreement Template
Attorney Retainer Agreement
This Attorney Retainer Agreement (“Agreement”) is made effective as of December 10, 2050, by and between:
[Your Company Name],
located at [Your Company Address]
(“Attorney”),
and
[Client Name],
located at [Client Address]
(“Client”).
Recitals
WHEREAS, Client desires to retain Attorney to provide legal services in relation to business contract negotiations and dispute resolution, and Attorney agrees to provide such legal services under the terms of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
1. Scope of Services
Attorney agrees to represent Client in connection with the matter(s) described above. Attorney will provide legal advice, research, negotiation, and representation as necessary to accomplish the objectives specified in this Agreement, including preparing legal documents, attending meetings, and advising Client regarding potential litigation or dispute resolution strategies.
2. Retainer Fee
Client agrees to pay Attorney a retainer fee of [$5,000] to cover the anticipated costs of legal services. The retainer fee is to be paid on or before December 15, 2050, and will be held in Attorney's trust account until applied to the payment of fees and costs incurred by Attorney in representing Client. If the retainer balance is depleted, Client agrees to replenish the retainer or pay for services on a monthly basis.
3. Hourly Rate
Attorney’s hourly rate for services under this Agreement shall be [$300] per hour. This rate may be subject to change upon mutual agreement in writing, based on changes in market conditions or the complexity of the case. For services rendered after normal business hours or during weekends, the hourly rate may be increased by [$50] per hour.
4. Billing and Payment
Attorney will bill Client monthly for services rendered, including any disbursements or out-of-pocket expenses incurred, such as court filing fees, travel expenses, and expert witness fees. Invoices will be sent to Client at the address listed above, or any updated address provided in writing by Client. Payment is due upon receipt of the invoice, and any balance outstanding for more than [30] days will accrue interest at the rate of [1.5%] per month (or the maximum allowable by law).
Client acknowledges and agrees that failure to make timely payments may result in suspension of legal services or termination of this Agreement.
5. Use of Retainer
The retainer fee will be applied to the legal fees and costs incurred by Attorney in representing Client. Attorney will provide Client with an itemized accounting of all charges against the retainer, including a breakdown of hourly charges, expenses, and any other applicable costs. Any unused portion of the retainer will be refunded to Client upon completion of the matter or termination of this Agreement. If the retainer balance becomes low, Client will be asked to replenish it within [10] business days to avoid interruption of services.
6. Term and Termination
This Agreement will remain in effect until the matter is resolved or until either party provides written notice of termination. Either party may terminate this Agreement with or without cause, with written notice to the other party. If Client terminates this Agreement, any unpaid fees or costs incurred up to that point will remain due and payable by Client. If Attorney terminates this Agreement, Attorney will provide Client with an accounting of services rendered, and Client will remain responsible for payment of any fees incurred up until the date of termination.
7. Confidentiality
Attorney agrees to maintain the confidentiality of all information provided by Client in accordance with applicable law and professional ethical standards. Attorney will not disclose any confidential information or documents related to Client’s legal matter without Client's prior consent, except as required by law or court order.
8. Conflict of Interest
Attorney affirms that there are no known conflicts of interest that would prevent the Attorney from providing legal services to Client. If a conflict of interest arises during the representation, Attorney will notify Client immediately and discuss appropriate alternatives, including potential withdrawal from representation.
9. Client Cooperation
Client agrees to fully cooperate with Attorney, provide all information requested, and make available any documents, evidence, or other materials that are relevant to the representation. Client acknowledges that timely cooperation is essential to the successful resolution of the legal matter. Failure to cooperate may result in delays or termination of the Agreement. Client further agrees to follow Attorney’s advice and instructions, and notify Attorney promptly of any changes that may affect the case.
10. Indemnification
Client agrees to indemnify and hold harmless Attorney from any claims, damages, or liabilities arising from Client’s failure to provide accurate information or failure to comply with the terms of this Agreement. Client further agrees to reimburse Attorney for any costs incurred as a result of any breach of this Agreement by Client.
11. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of [State]. Any dispute arising out of this Agreement will be resolved through mediation or binding arbitration, as agreed upon by both parties.
12. Entire Agreement
This Agreement represents the entire understanding between the parties regarding the legal services to be provided, and supersedes all prior discussions, representations, or agreements. Any amendments or modifications to this Agreement must be in writing and signed by both parties.
13. Additional Fees
In addition to the retainer fee, Client agrees to reimburse Attorney for any out-of-pocket expenses incurred in the course of representing Client, including but not limited to court costs, filing fees, expert witness fees, and travel expenses. These costs will be itemized and included in monthly billing statements.
14. Dispute Resolution
In the event of any dispute arising out of this Agreement, the parties agree to first attempt resolution through mediation. If the dispute cannot be resolved through mediation, either party may initiate binding arbitration, with the cost of such arbitration to be shared equally between the parties, unless otherwise agreed.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
[Your Company Name]
Name: [Your Name]
Title: Managing Partner
Date: December 10, 2050
Client
Name: [Client Name]
Date: December 10, 2050