Pennsylvania Retainer Agreement

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State:
Multi-State
Control #:
US-APP1B
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Description

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.

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FAQ

The essential parts of the agreement include: Scope and nature of the work. What is the attorney expected to do for the client? ... Retainer fee. The retainer fee is the amount charged to the client. ... Client expenses. The client typically pays for some expenses, especially filing-related expenses, and travel costs.

A monthly retainer occurs when a client pays an advance payment to access your current and future services for a specified period of time. It's similar to working on a contractual basis, with the payment covering the number of hours you work for the client each month.

A retainer agreement is a contract between a company and a service provider that lays out the details of a retainer arrangement, for example, the length of the retainer period, the payments that will be provided and details of termination.

The basic structure of retainer agreements is the same though: Agency agrees to provide a service(s) or a number of hours their client needs each month. In turn, the client agrees to the retainer payment that they'd pay in exchange for the agency reserving its time/service for them.

A common retainer arrangement is when a client pays upfront for work that will be done in the future. This is a type of work-for-hire arrangement. A type of project for a pay-for-work agreement could be for a marketing consultant offering services that a client can pay for on a monthly basis or as an upfront payment.

If it is one of the latter two, make sure to use the word ?non-refundable? in your letter. The Pennsylvania Bar Association Legal Ethics and Professional Responsibility Committee (?PBA?) has stated that non-refundable retainers are permitted, but only when not ?clearly excessive? and explicitly agreed to.

A retainer is a fee paid to a lawyer or law firm in advance of services being rendered, and the law firm should hold it in a trust account until the services are provided. It gets booked to the balance sheet as a prepaid expense (which is an asset).

Make sure all the following details make it into your retainer contract: The amount you're to receive each month. The date you're to be paid by. Any invoicing procedures you're expected to follow. Exactly how much work and what type of work you expect to do. When your client needs to let you know about the month's work by.

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Pennsylvania Retainer Agreement