This document is a retainer agreement for representation in a matrimonial matter. It contains general comments on such a retainer, along with the full retainer agreement. Although the agreement reflects New York law, it should be considered for use by attorneys in virtually all states as a guide in preparing a fair arrangement between attorney and client.
A Hawaii Retainer Agreement is a legally binding contract entered into by a client and an attorney in Hawaii. This agreement outlines the terms and conditions under which the attorney will provide certain legal services to the client, typically on an ongoing basis. In a Hawaii Retainer Agreement, the client agrees to pay a certain amount of money to the attorney upfront, known as a retainer fee. This fee is deposited into a trust account and acts as a prepayment for legal services. The attorney then bills the client for their services against this retainer, and the fee is deducted accordingly. There are several types of Hawaii Retainer Agreements, each tailored to specific legal needs: 1. General Retainer Agreement: This type of agreement is used when a client requires ongoing legal representation and advice. It covers a range of legal matters and allows the client to access the attorney's services as needed. The attorney retains the retainer fee until the client terminates the agreement or the retainer is exhausted. 2. Limited Scope Retainer Agreement: This agreement is utilized when a client requires legal assistance for a specific task or project, rather than ongoing representation. The attorney and client define the exact scope of the legal services to be provided, and the retainer fee is based on the estimated time and effort required to complete the task. 3. Contingency Fee Retainer Agreement: This agreement is commonly used in personal injury or lawsuit cases where the attorney's fees are contingent upon winning the case or obtaining a favorable settlement. The retainer fee is usually a percentage of the final compensation received, ensuring that the attorney is adequately compensated for their services. 4. Flat Fee Retainer Agreement: This type of agreement is applicable for certain legal services that can be accurately assessed and provided at a fixed cost. The client pays a predetermined flat fee upfront, and the attorney delivers the specified legal services without additional charges. In Hawaii, the content of a Retainer Agreement may vary depending on the attorney and the specific legal needs of the client. However, it typically includes crucial components such as the scope of representation, attorney fees and billing structure, termination and refund policies, client obligations, confidentiality, and dispute resolution procedures. It is critical for both the client and the attorney to thoroughly review and understand the terms of the Retainer Agreement before signing. The agreement serves as a roadmap for the attorney-client relationship, ensuring transparency and mutual understanding throughout the legal engagement.
