How to Create an Attorney Client Contract Private Duty Contracts For Clients

It is essential to make sure your attorney client contract is in writing. Even if services are rendered in an emergency situation where it's not possible to sign a legal retainer agreement, a follow-up attorney representation agreement should be signed when possible. If you need an attorney fee agreement, there are certain terms that you need to understand to create an effective attorney client contract. The following discusses the basic terms you need to understand when creating an attorney client agreement.

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1. A description of the legal services to be provided to the client. Legal services covered typically don't include services on appeal or in collecting a judgment, which require a separate engagement letter and contract.

2. The rights and obligations of the attorney and client. Attorney client confidentiality applies to communication made in the scope of representation, whether or not described in the agreement. The lawyer must make reasonable efforts to represent the client, keep the client informed of progress in the case, and respond to inquiries. The client agrees to pay bills timely, cooperate in furnishing necessary information, and informing the lawyer of any new developments or changes to address or phone number.

3. The basis for compensation, including flat rates, hourly rates, and other fees and charges. Full disclosure should be made, such as a minimum charge for a phone call, letter, or court appearance. Costs are generally billed separately from the contingency fee or fixed fee charged by the lawyer. Common costs include:

• Travel expenses
• Computerized legal research
• Expert witness fees
• Court costs for filings
• Deposition expenses, such as court reporter fees
• Services rendered by a process server, notary, messenger, etc.
• Postage, reproduction, and photocopying
• Long distance phone calls

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There are generally two types of an attorney fee agreement:

Contingency basis - This type of attorney client agreement sets forth a contingency fee, stated as a percentage of the amount recovered in a lawsuit. The percentages are negotiable and may vary according to whether the case is settled before or after the trial date is set. A deposit may also be required. Costs are calculated separately for expenses, such as described above.

Fixed fee - A fixed fee may include a retainer or deposit for engagement of services, plus hourly rates, which can vary according to rates specified for work by a senior partner, associate, law clerk, or paralegal. The basis for calculation should be explained in the attorney client agreement. Hourly rates are commonly billed by tenths of an hour.

Other clauses may be included for various matters, such as arbitration or mediation of disputes. Note that the billing statement should be itemized and lawyers are required to put funds belonging to a client in an IOLTA account, which is a special trust account, and return any interest accumulated to the client.