Retainer Agreement – Civil Litigation

1. Parties

• Law Firm: [Firm Name], a [State] professional corporation with its principal office at [Address].
• Client: [Client Name], residing at [Address].

2. Scope of Representation

• Representation limited to civil litigation matter described as: [Case Description].
• Excludes appeals, administrative proceedings, and unrelated matters unless amended in writing.
• Attorney will not provide financial, tax, or business advice beyond litigation strategy.

3. Attorney Responsibilities

• Provide competent legal services, maintain communication, and keep the client reasonably informed.
• Prepare pleadings, motions, discovery, and court appearances as necessary.
• Consult client before settlement offers or major strategic decisions.

4. Client Responsibilities

• Provide complete and truthful information, documents, and access to witnesses.
• Respond promptly to attorney communications and deadlines.
• Refrain from direct contact with opposing parties or counsel without attorney consent.

5. Fees and Billing

• Initial retainer deposit: $[Amount] due upon signing; deposited into trust account.
• Hourly rates:
• Partner: $[Rate]/hour
• Associate: $[Rate]/hour
• Paralegal/Law Clerk: $[Rate]/hour
• Billing cycle: [Monthly/Biweekly]. Statements due within [Number] days of issue.
• Interest accrues at [Rate]% per annum on balances older than [Number] days.

6. Costs and Expenses

• Client responsible for filing fees, service of process, expert witness fees, transcripts, travel, photocopying, and other out-of-pocket expenses.
• Attorney may seek advance deposits for anticipated costs exceeding $[Amount].

7. Retainer Replenishment

• Client agrees to maintain a retainer balance of $[Amount]; firm may request replenishment when balance falls below $[Threshold].
• Unused funds refunded upon termination, subject to outstanding fees and expenses.

8. Communication Preferences

• Primary contact method: [Email/Phone/Client Portal].
• Confidential communications maintained per applicable law and firm policies.

9. Confidentiality and Conflicts

• Attorney-client privilege preserved; disclosures only with client consent or as required by law.
• Client confirms no known conflicts of interest; firm will conduct conflict check prior to engagement.

10. Termination of Representation

• Client may terminate at any time with written notice.
• Firm may withdraw consistent with applicable rules (nonpayment, misconduct, conflict, etc.).
• Upon termination, client responsible for fees incurred and costs advanced to date; firm will transfer file upon request and settlement of account.

11. Dispute Resolution

• Fee disputes resolved by [State/Local Bar Fee Arbitration Program] before litigation.
• Governing law: State of [State]. Venue: [County], [State].

12. File Retention

• Firm retains file for [Number] years following matter conclusion, then may destroy unless client requests return.

13. Entire Agreement and Amendments

• Represents entire understanding; amendments must be in writing and signed by both parties.
• Severability clause for invalid provisions.

14. Acknowledgements

• Client acknowledges review of this agreement, opportunity to ask questions, and receipt of duplicate signed copy.

15. Signatures