A retainer agreement is a work-for-hire contract. It falls between a one-off contract and permanent employment, which may be full-time or part-time. Its distinguishing feature is that the client or customer pays in advance for professional work to be specified later.
As the name suggests, an engagement letter is a binding contract that sets the record straight for any business relationship. Much like a handshake, this letter sets the stage, defining the professional tango between attorney and client, ensuring both parties are in perfect sync throughout the legal journey.
1. As noted above, a retainer agreement is a letter of engagement countersigned by both the attorney and the client, and contains all the elements that letters of engagement must contain.
A retainer is like an account you fund and as the lawyer bills hours they will withdraw from the retainer instead of billing you directly. When the retainer funds get low you will need to replenish it. If it's nonrefundable then you will not get it back you change your mind.
If either you or your attorney terminate the relationship before the retainer is exhausted, and if allowed by the agreement and applicable laws, the remaining portion of the retainer may be refundable. Ensure the termination terms in your agreement are clear and consult a legal professional if needed.
As a best practice, licensees should consider using a retainer agreement or engagement letter for every matter. Confirming the essential terms of the engagement with the client in writing manages client expectations and reduces the risk of misunderstanding between the licensee and their client.
The goal of a retainer is to provide your clients with ongoing access to your agency's services. Furthermore, with a retainer agreement, agencies can offer their services at discounted prices to improve client retention. Exactly how much depends on the type of retainer you offer—which we will discuss further.
Retention Letter means a document held to maintain net economic interest significantly, updated by various parties from time to time.
Retention Letter means a document held to maintain net economic interest significantly, updated by various parties from time to time.