|
Retainer Agreement
A retainer agreement is a work for hire contract.
Question: Please can anyone show me how to write a retainer-ship agreement letter for marketing consultant ?
Answer: Check out the book excerpt linked to below:
http://books.google.com.au/books?id=ECz7v-gbRLMC&pg=PA466&lpg=PA466&dq=retainer+agreement+letter&source=bl&ots=I-tB9eN5iV&sig=YKSmHVBlPU3stoe3u66VplFyU5U&hl=en&ei=51iWSoqrO4WIkAW4y6WWDA&sa=X&oi=book_result&ct=result&resnum=8#v=onepage&q=retainer%20agreement%20letter&f=false
Question: attorney retainer agreement? how professional is it to sign an attorney retainer agreement that was copied off the internet from a firm that you never met face to face???
Answer: I would take it to a real face to face attorney, I would check out the firm to make sure you are not dealing with a scam artist. Check with the State Bar, make sure that the attorneys are licensed to practice law in your state.
Question: please can anyone show me how to write a retainer-ship agreement letter to a hospital.? I want staffs to go the clinic and get treatment and all bills be sent to the office. How do I go about this sort of letter.
thank you
Answer: Please find a draft. But you may have to read and change according to your needs and agreements.
Retainership Agreement
THIS AGREEMENT is made at _____________ this __________ day of ___________________ 2008 between _____________________________, having its registered office at ______________________________________ hereinafter referred to as "the party of the first part" and ______________________ having its registered office at ______________________, hereinafter referred to as "the party of the second part".
WHEREAS the party of the first part has offered to appoint and retain the party of the second part to act for them as provider of clinical, diagnostic and theraputic medical services to the representatives and the party of the second part have agreed to the said appointment and retainership;
AND WHEREAS the parties hereto have agreed to record the terms and conditions on which the party of the first part has agreed to appoint and retain the party of the second part to act for them as provider of clinical , diagnostic and therapeutic medical services and the party of the second part has agreed to accept the said appointment and retainership;
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. The party of the first part hereby appoints and retains the party of the second part for to be the provider of clinical , diagnostic and therapeutic medical services to employees of the company, giving advice and solutions to them and incidental matters.
2. The party of the first part shall pay to the party of the second part fees of £ ------------only) per month. The said fees will be in lieu of and in satisfaction of all professional charges and expenses including the office expenses of the party of the second part but excluding any out of pocket expenses and costs incurred in relation to the assignment.
3. The party of the first part shall also pay to the party of the second part all out of pocket expenses incurred by them in payment of traveling expenses, registration charges, etc. in respect of documents in relation to each transaction etc.
4. The above fee quote is based on the assumption that there will be no material change in the scope. In the event of any material deviation in the foregoing assumption the parties hereto agree to re-assess and mutually revise the fee quote.
5. Invoices will be raised by the party of the second part on a monthly basis and will be payable within 15 days. A detailed narrative stating the nature of the work done will accompany the invoice. The invoice shall also include details of any out of pocket expenses and costs incurred in relation to the assignment.
6. The scope of the above services would not include any regulatory compliance (such as filings, etc. with statutory authorities, etc.), or providing substantive opinions or memoranda on any specific legal issue and the same will be charged separately.
7. This agreement will not extend to any litigation civil or criminal or arbitration whether arising out of any transaction entrusted to the party of the second part or otherwise. If any such matter of litigation or any legal proceedings in a court of law or tribunal or arbitrator is entrusted to them, the party of the second part will be entitled to charge fees according to their usual practice.
8. The party of the second part shall maintain full secrecy and shall not disclose any confidential matter or communication between the party of the first part and themselves to anybody else.
9. The party of the second part shall not act in any matter entrusted to them for any other party concerned or connected with such matter.
10. This agreement may be terminated by any party hereto by giving one month''s prior notice to the other without assigning reason and on the expiry of the said period from receipt of the notice this agreement shall stand terminated except in respect of matters which are already entrusted to the party of the second part and are not completed.
IN WITNESS WHEREOF the parties hereto have put their hands the day and year first hereinabove written.
Signed by the within named)
______________ Mr. ___________________________
In the presence of
______________________________)
Signed by the within named)
_________________________ ( retainers)
by its ( concerned authority)
Ms. ___________________________)
In the presence of)
______________________________)
Question: DUI attorney, retainer agreement form and process? When you go retain an Attny can anyone tell me what the process should be like in the office and what the retainer agreement should say or look like? the Attny i'm thinking of hiring for my DUI his paperwork said on the top of the page FEE AGREEMENT - CRIMINAL CASE, he also does criminal cases, I haven't signed yet or paid, so I'm wondering if that sounds like a common form or not? the rest of it states about the payments, their commitment to the client and so forth, but I noticed unlike other agreements I've seen on line, his does not have his name on it, only the law firm name and address, it also does not say the name of the city. Does every law firm have their own agreement forms or does it have to be identical in all law firms? when I say his name is not on the form I mean the part where it is supposed to say who represents you in the first paragraph, it does have the name of the firm on the top with his last name, and also at the end of the agreement a part where he signs. Does this sound normal? also what other paperwork should be given or what should be explained to me at the time of agreement? and should the attny be the one in the office while I retain or can his assistant take care of that?
Wolf, thanks so much, that helps alot, because this is a highly recomended Attny and not cheap, the law is doing the right thing because I'm now going through hell, one of the hardest things is the waiting, my court date is 6 weeks from now, It's torture to wait, but I guess I deserve it.
Answer: He has the right form. I hate to break this to you, but a DUI case is a criminal case. You are the suspect in a crime, which is why you were arrested instead of given a ticket, and why you now want a lawyer to exonerate you.
There are no official forms for attorney-client agreements. I've retained 3 different lawyers and never signed a piece of paper, it was simply an informal telephone agreement. Which was understood: he serves me and I pay him. These were civil matters though. If a law firm wants to have an agreement that's up to them.
Question: Where can I find someone to check a legal agreement for me? An attorney has agreed to represent me in a discrimination case, I have received a retainer agreement, and I am looking for someone with legal background to check the agreement, any suggestions?
Answer: You are wise to be wary. Many discrimination cases are handled by the government. Those that aren't should be done on a contingency basis. That way the attorney has incentive and you know he is not screwing you.
Do you have a law school nearby where you could seek help? If not, I would just pay another attorney to advise me. Be very cautious about giving this guy up front money.
Question: Attorney in nassau county ny refuses to send us our retainer back? Signed a retainer agreement with him - gave him notice three weeks ago that he is no longer needed. Our agreement was that he was to respond within 10 days. Has done nothing. No reply - no return of any part of our retainer and no bill to prove what he did with our money. Who do I go to? I sent him a registered letter which was received on 2/4.
Answer: Make a complaint to the NY State Bar Association (www.nysba.org). Here's link to their page on disputes between clients and attorneys: http://www.nysba.org/AM/Template.cfm?Section=Public_Resources&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=20488. Basically, once you make a dispute, the bar will investigate and determine what discipline, if any, is appropriate. The bar can also order the attorney to repay your money. He/she chooses to ignore the bar at his own risk.
Question: Rahul Manchanda wants to know the best language for for a neat, clear, and clean retainer agreement?
Answer: Rahul, ever wondered why NOBODY answers your questions...?
Question: Manchanda Law Offices asks for the best language for for a neat, clear, and clean retainer agreement?
Answer: Why are you posting all of these questions in "Jokes & Riddles"?
Question: Retainer Agreements/Contracts? Does anyone know where or how to get a Retainer contract or agreement written up? Preferably either online or a generic free form?
I'm currently doing outdoor guide work for a company on a as needed basis with a monthly fee upfront each month, while this is a good arrangement, there are a few issues that I feel would be better resolved with a formal contract/agreement in place.
Answer: Go to your search bar. Enter "retainer agreements, contracts" or something like it.
BINGO. There ya go.
Question: How do I use Quickbooks to track clients who miss their monthly payments? I'm new to Quickbooks. I don't even know which key words to use to search for answers to my questions about the program. If you can point me to the appropriate sites, that would be great. Here's my problem.
I work for a law firm. A typical retainer agreement has the following figures:
$10,000 total balance
$1,000 down payment due today
$250 per month for the next 36 months.
Other info:
Send a reminder letter (ranging from mild to harsh) if payment is missed in 1-3 months.
Send a letter of final notice if payment is missed in 4-6 months.
Send a letter informing the client that we'll take them to small claims court if no payment is made after 6 months.
As you can see, I need to keep track of which clients have been missing their payments.
Can you help?
Thanks.
Answer: In all honesty, I don't believe QuickBooks can help you with that. BUT, I did find a QuickBooks add-on that can help - one of the features it offers is RETAINER TRACKING. Make sure you check out the website:
BillQuick – Time and Billing Done Right
BQE Software
www.bqe.com
Pricing: $395 for 2 users (Basic), $795 for 5 users (Pro)
Who it's for: BillQuick is targeted to companies who track time and reimbursable expenses, and who bill for those costs.
Simply stated, the BillQuick Time and Billing software is the most comprehensive time and billing system on the market today. From appointment scheduling integrated with Outlook, to project management, time tracking, job costing, web based time entry, RETAINER TRACKING, electronic and paper-based invoicing, flexible reporting and analysis, and complete, smartly-designed integration with QuickBooks, this product is simply the best choice for professionals.
Question: Can I ignore a bill from a laywer who offered a free consultation? I was lawyer shopping and one of the lawyers I met with told me i could speak to him on a free consultation. We spoke for about 40 minutes and then he told me if i decided to hire him to bring a check to his office and to sign a retainer agreement. The business deal i was going to hire him for never panned out and I never returned to his office. Now 3 months later i get a bill from him for the consultation fee and actually 3 hours of work he did on my case.
My question is since i never hired him in the first place nor signed a retainer, what should I do with this $300.00 bill I have in front of me? He does not have my social or any other information and I never ever agreed to hire him nor asked him to do any work on my case. I somewhat feel cheated and scammed, but I dont want my credit ruined in anyway. Can i ignore the bill and tell him to get bent?
sorry i'm new to yahoo answers and did not know how to add more detail. I have been calling the laywer and he has not responded to my inquires. So i called the Wisconsin Bar and filed a complaint, they said an investigator will be contacting his office within the next 2 weeks. Without any signed paperwork, or social security number, can the attorney submit me to a credit bureau and can that bureau actually affect my credit score? If not, screw this scammer. :) Thank you all for your very very helpful answers.
Answer: I assume you never signed any papwerwork?
I would ignore it, but I would contact the lawyer and remind him of the free consultation and you never authorized anything past that point.
Who knows. Maybe it is a paperwork error.
Question: to be more specific then my previous question do i still have to pay my attorney if no agreement was signed? i planned on being represented by counsel, so we payed 750 up front for three hours of legal counsel, he would then mail a retainer agreement to be signed by myself and my wife to go further with his services beyond the three hours. after two days he was working against us and not for us and we did not see eye to eye so we fired him without getting our 3 hours of service, we then asked for our money back and he said i cannot do this so we said then finish up our moneys worth drawing up some letters for our claim so we have something to show for our money. he then proceeded to keep working on our case and a month goes by and he says we owe him for 30 billable hours at 250 an hour, i then left him a phone message and said we never asked for you to represent us longer than the 3 hours because you were fired, he had no signed agreement to represent us other than 3 hours of legal counsel, so why am i responsible for the billable hours beyond the 750 worth of service
Answer: What he did was unethical.
In California, an attorney must have a fee agreement signed by the parties, whether it is for a flat rate, hourly or contingency; outside of a one-time concultation.
Further, you had noticed him that you were not hiring him; you just wanted your "3 hours" worth.
Write him a letter explaining all of these things, and that you would like the matter decided by the local bar association arbitration process, concerning the fee dispute, if he presses the matter any further.
He'll fade into the sunset...
Good luck!
Question: How do you sue an attorney for breach of contract as to refunding $2500 retainer.? I paid him $2500... He agreed to represent me on contingency basis. We signed a contract. He suggested that we did not have an agreement and severed relationship keeping my $2500. ( Also, he no longer works works with law firm.)
Answer: Write a letter to your state County and Bar Association, the state Attorney General and the state Ethics Commission. Be sure to word your letter very carefully and address it to all of them so they know they are getting the same complaint. Be sure to send a copy to the attorney that screwed you (sorry, but he did apparently). Enclose a copy of the contract with each. Then file a claim in small claims court so you can get a judgement against him. You will certainly get his attention this way because a complaint of this type will be in professional publications. Good Luck.
Question: If an attorney has been assigned by the court pro bono to a case, can he/she still ask the client to sign? a retainer agreement even if he/she does not charge a retainer fee up front? What if the retainer agreement states that the client would have to pay the hourly rate to the attorney for hours spent working on the case if client decided to end the client/attorney relationship without cause?
Also, can the attorney require the client to always keep him/her up to date on the client's whereabouts?
Answer: Not all attorneys that are court appointed are "pro bono", which means "for good" or free.
Many attorneys serve on an indigent panel and are paid what the client can afford. This is a "sliding scale". Some clients pay nothing, some pay a little more.
The fee agreement would spell this out. Generally, there would be no fee up front, maybe a lower hourly rate than the attorney usually charges, and flexible payment terms. It is also very common to ask a client to pay for work already performed when the relationship is terminated.
And yes, an attorney must always know how to reach the client, especially in a criminal case.
It is entirely legal to ask you to sign this. If you don't want to, you can always look for another lawyer to assist you.
Question: Are we responsible for attorney fees if we were the client but never signed anything saying that we would pay? Someone else signed the retainer fee agreement and paid for the fee initially. We NEVER signed ANYTHING that had to do with us hiring them on, or us being responsible for anything monitarily. Can they take legal action on monies owed? Or would the person who signed the retainer fee be responsible? By the way, we feel that the person who signed the contract should have to pay because of some extenuating circumstances.
Answer: how can "someone else" sign the agreement and pay the retainer?
did you cooperate in the actions the attorney(s) took? were you present in the courtroom? did you know in advance that they would be there acting as if they represented you?
if you were there and/or cooperated, you have, in essence, ratified the selection of them as your attorneys and you do owe them a reasonable and customary fee. Whether that is the amount in the agreement or that they're asking for may be a different legal question.
if you knew ahead of time and took no action to inform the court that they weren't authorized, you may still have ratified the selection of them as your attorneys.
And if the court consolidated multiple cases into one class action, then you're bound by the fee structure the court approved.
Question: Are we responsible for attorneys fees if we were the client but someone else signed the retainer fee? BACKGROUND INFO
My husband and I aquired a lawyer through advice from his step-father(who is a social worker and paid for the retainer fee while also signing the retainer fee agreement). Long story short-stepdaughters (who live with mom) said some sexually bad things about their moms new husband. My husbands stepfather advised us to hire a lawyer. After a long 1 1/2 year court battle and finally we began talking with the girls' mother, we found out that he had also advised the mother to get a lawyer because we were supposively trying to get custody. Turns out he was using meth and who knows what else the whole time(he had been a recovering addict at 20 years).
STUFF WITH LAWYER
We NEVER recieved any paperwork explaining what their fees for certain services were. Nor did we recieve a copy of the retainer fee agreement. We did use the services over the course of a year and a half. They even sent us bills and we paid them 5 times i think. Its been over a year since we have used...
...them and my husband just signed off 6 months ago from them being our attorneys. They sent us a "final" notice claiming they would take appropiate action if not paid in full by the 31st of December. I asked for a copy of the retainer fee because I was unsure of ever signing one, or my husband either. I had to call back 1 1/2 weeks later because I had never recieved the paperwork in the mail. The secretary did not find a retainer fee agreement that my husband or I had signed but found one that his stepfather had signed. When I finally got a hold of the secretary again(they never called me back over ANY of this) she informed me that they were sending a copy of the retainer fee agreement and some paperwork "explaining" some things but she would not disclose any more information over the phone to me and refused to send a copy of the paperwork through email. MY QUESTION IS: What is going on? Do they have the right to come after us for the bill? Any other info would be great!!!
NIETHER MY HUSBAND OR I SIGNED ANY THING SAYING THAT WE WERE RESPONSIBLE FOR ANYTHING. ONLY HIS STEPFATHER DID. We feel that he should be responsible for the existing fees because if it wasn't for him, we wouldn't have even hired a lawyer(he played devils advocate between both my husband and his ex-wife during the WHOLE court battle)
Answer: Generally, yes, you would be responsible for the fees for services the lawyer renders to you.
If you have a dispute with a lawyer about fees, contact the local bar association for mediation/arbitration and settlement of your dispute.
EDIT on your additional details - whether you signed anything or not is beside the point. You received the value of the services, that is why you remain responsible. However, many states require lawyers to have a written fee agreement if the services are over a given amount and if there is no written agreement signed with you, they may have trouble enforcing the agreement against you.
Again, contact your local bar association for help in resolving this dispute.
Question: How do you retain a lawyer officially? Know of any websites you can refer me to about how one goes about retaining an attorney's service?
I ask because my brother is a bit concerned about and needs some reassurance that talking to/exploring w/ attys. via phone the possibility of a med mal case for our mother does not actually allow the attys I have consulted with (never met with any) via phone to initiate a case/investigation.
An atty cannot 'investigate' (i.e., call the hospital in question and start asking questions of staff) a case unless we have authorized him/her to represent us via a signed contract/agreement/retainer etc. right?
I would think between that reality and HIPPA laws we would be fine on that front, and that no atty could go 'behind our backs' and kick start a hospital investigation w/our prior approval..
Answer: When you consult with the lawyer, it creates privilege between the two parties, but it does not make you the lawyer's client.
Any reputable lawyer should provide you with a letter or statement of what they're going to do, in writing, before they start any work. They will need your mother's (or whoever is acting on her behalf's) permission to obtain records. If they try to act on your behalf before you've retained them, you'd have a case for attorney malpractice, too.
Question: If I went with a friend to a lawyer and gave my debt card for the retainer. Am I responsible for the payments.? My friend is the client. I did not provide an identification or sign any agreement. My friend who is the client did. I just provided a card since my firend didn't have one at the time. Since then he has given them his new debit card. If he doesn't make the payments and I cut my card off will it mess with my credit?
Answer: I assume you mean debit card. No, unless you signed something, you only paid the retainer and are not responsible for future billings......although they may have retained your bank information and if he does not pay, they will bill you in default. However, you could dispute this easily. Visa and Mastercard both offer protection for this sort of thing.
Question: Can you sue someone who is funding a lawsuit? If you have a bogus claim filed wherein you must pay attorney's fees etc., and the other party admits that they received retainer costs from another party, can the person funding the frivolous action be held liable for attorney's fees. Assuming the borrower does not have the funds to repay attorney's fees and you are found to be completely not at fault, no contingency- straight retainer.
Or if the agreement was put into place on a promise of repayment out of settlement against you of a larger amount than borrowed, does that make them more than a lender.
Answer: No
Unless they are part of the law suit, you can not.
Merely financing someone else's law suit does not make them anymore liable than visa is for allowing you to charge a shot gun.
Question: Question about contacting law firm? I contacted a law firm about 3 months ago to file a medical malpractice lawsuit and I signed the retainer agreement. How long should it take for them to call me back to let me know if they will take on the case or not?
Answer: If you signed something, you should have a copy. Look to see how long you contracted with them for. Different states have different statutes of limitation on how long you can wait to file the lawsuit. If you're getting close to that time limit, I would DEFINATELY contact another firm. I would also be contacting this firm until you get an answer. 3 months is too long to wait with no communication! Good luck!
Retainer Agreement Related Products and News
|
|
|
|
|