Family Law Retainer Agreement – Large Firm | Attorney Fee Agreements & Forms

[Letterhead]

Dear _______________,

You have requested our Firm to act as your Attorneys. We agree to represent you under the terms set forth in this Agreement. Please sign this Agreement and return it to the Firm, together with the Retainer. The Firm may, but shall have no obligation to, represent you until the Firm has received a signed copy of this Agreement and you have paid the Firm's Retainer.

The Firm agrees to represent you in connection with a ______________ matter. If you want the Firm to represent you on any other case, you must make a separate agreement with the Firm and pay a separate Retainer. Anything that is filed after your final order is entered is a new case which will require a separate agreement with the Firm, and a separate Retainer, which includes but is not limited to an appeal, a motion for new trial, an enforcement etc. If an appeal, motion for new trial, or any filing is made after the final order, you agree to sign an order allowing the Firm to withdraw from the matter upon presentation of same, and you further agree that if you do not sign said order upon the Firm’s request, that your signature on this contract is authority for the firm to withdraw from the matter as attorney of record.

We promise to provide you with legal services but make no representations, promises or guarantees as to the outcome of your case.

The Firm will keep you informed as to the progress of your case and will forward you copies of all significant correspondence, pleadings and other documents. If you have a question about your case, feel free to call the Attorney or Paralegal responsible for your case.

You agree to pay the Firm a Retainer of $___________. This Retainer is not the cost of the case. The Retainer is paid to the Firm to secure its services, to compensate the Firm for assuming responsibility for your case and to ensure the Firm's availability to represent you. Should you so choose, Retainers may be paid with Visa, Discover, MasterCard or American Express.

If the amount of your Retainer should fall below forty percent of its original amount at any time, you agree to pay an additional Retainer in an amount sufficient to replenish the Retainer to its original amount and to continue to do so until the case is concluded.                             Client’s Initials:     _______            

Any unused Retainer will be refunded to you upon the conclusion of your case. In the event your matter proceeds to mediation or trial, an additional Retainer to cover the costs and Attorney’s fees for those proceedings may be required.

You agree to pay legal fees based upon the hourly rates of the Attorneys and Paralegals who have rendered legal services. The hourly rates will be those in effect at the time the services are rendered. [Optional clause: These rates may be adjusted annually but not sooner than one year after the commencement of this agreement.]

The hourly rate of each of the Firm's Attorneys and Paralegals as of the date of this Agreement that may render services in your matter is as follows:

MINIMUM HOURLY BILLING RATES

ATTORNEYS                                  RATE

Major B. Fair                                  $750.00

Minor N. Just                                  $575.00

Junior G. Partner                           $450.00

Senior J. Associate                         $400.00

Second T. Associate                      $375.00

SUPPORT STAFF:

ALL LAW CLERKS ARE BILLED AT $130.00 PER HOUR.

BOARD CERTIFIED PARALEGALS ARE BILLED AT $175.00 PER HOUR.

ALL OTHER PARALEGALS ARE BILLED AT $155.00 PER HOUR.

ALL LITIGATION ASSISTANTS ARE BILLED AT $125.00 PER HOUR.

ALL ADMINISTRATIVE CLERKS ARE BILLED AT $65.00 PER HOUR.

The time expended on your matter will be computed on the basis of quarter-hour increments. If less than all of any quarter-hour increment is expended on your matter, you will be charged for the full quarter-hour increment. For example, if an Attorney should make a twenty-five minute telephone call on your case, you will be charged for two quarter-hour increments, even though only a fraction of the second increment was used.

Costs of court are normally assessed against one or more parties to a lawsuit, and in many cases Attorney's fees may be assessed. If court costs or Attorney's fees are assessed against you, you will be solely responsible for their payment. Conversely, if such costs or fees are awarded to you, amounts received pursuant to a court order will be credited to your account, subject to any amendment, alteration or reversal of the order. The award of costs or fees does not in any way affect your responsibility to the Firm to pay for Attorney's fees, costs and expenses incurred on your behalf.

It is impossible to anticipate in advance the amount of time that will be required to work on your case. You agree to pay for legal services based upon the time expended on your case, which may include, but is not limited to: conferences, legal research, analysis, drafting and preparation of documents, telephone conferences, emails, court appearances, investigative work and travel.

The Firm may incur costs and expenses in connection with your case, including, but not limited to, photocopying, postage, delivery charges, long distance telephone charges, travel expenses, filing fees, deposition costs, fees for investigative work and expert witness fees. You agree to reimburse the Firm for such expenses incurred in connection with your case, or, at the Firm's option, directly pay such expenses or pay such expenses up front.

You will be billed monthly, or more or less frequently at the Firm's option, for the time expended and expenses incurred.

Invoices are payable within seven days of receipt unless other arrangements are made in advance.

The Firm reserves the right to terminate this Agreement for any of the following reasons:

1. You fail to pay fees, costs, or expenses, as provided by this Agreement;
2. You fail to cooperate and comply fully with all reasonable requests of the Firm in reference to your case;
3. You use the Firm's services to perpetrate a crime or fraud, you persist in a course of action that we believe is criminal or fraudulent, or you insist on         pursuing an objective that the Firm considers repugnant or imprudent or             with which we fundamentally disagree;
4. You engage in conduct which renders it unreasonably difficult for the Firm to carry out the purposes of its employment; or
5. You fail to furnish any required additional Retainer within ten (10) days of request by the Firm.

DISPUTE RESOLUTION:

Any dispute concerning this agreement or any aspect of the Firm’s representation of the Client, including but not limited to the determination of the scope or applicability of this agreement to arbitrate, the services provided by the Firm, and the charges or payment of any bill or invoice generated by the Firm, (whether sounding in contract or tort or statute), shall be resolved by binding arbitration pursuant to the Federal Arbitration Act by [arbitration service, eg. Judicial Arbitration and Mediation Services, Inc. (“JAMS”)] in [name of city], [state]. Any such dispute shall be heard (to the full extent possible) within sixty (60) days of filing a demand for arbitration, and no discovery shall be permitted in connection with such arbitration hearing. In addition, the prevailing party in such arbitration shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such proceeding.

[Caveat: in some jurisdictions, arbitration language requires additional treatment which may include making the language conspicuous by “bolding” or underlining; and advising the client to get independent advice on whether to execute an arbitration clause. Check your own practice rules – Ed.]

[ ] Yes [ ] No - Payment by third party:

Client understands that the fee is being paid by a third party. Payment by third party does not create an Attorney-Client relationship with the payor and the Attorney, and the Attorney will not discuss the case with the payor unless authorized by Client. Client further understands and agrees that representation is contingent upon payment of all outstanding fees, even if initially assumed by a third-party payor. Any portion of any Retainer or cost payment refunded by the Firm, shall be refunded to third party payor, unless third party payor expressly advises the Firm otherwise.

Please read this Agreement carefully. It sets forth all the terms of our Agreement. If it correctly reflects our understanding, date and countersign it in the place provided for your acceptance and return the Agreement to the Firm. You should also retain a copy for your files.

                                                                        Very truly yours,

                                                                        FAIR & JUST, P.C.

                                                                        A Professional Corporation

                                                                        By:__________________________

                                                                        Minor N. Just, Attorney

AGREED AND ACCEPTED on this ____ day of _____, 202__, by Client and Attorney.

_____________________________                     ______________________________

CLIENT:                                                       Third Party Payor:

ADDITIONAL NEW CLIENT INFORMATION FORM MUST BE RETURNED WITH FEE AGREEMENT