Standard Retainer Agreement Template for United States

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Key Requirements PROMPT example:

Standard Retainer Agreement

"Need a Standard Retainer Agreement for my law firm specializing in intellectual property law, with specific provisions for handling international clients and a monthly fixed fee structure starting from January 2025."

Document background
The Standard Retainer Agreement serves as the foundational document for establishing and maintaining professional legal relationships in the United States. This agreement is essential when clients require regular access to legal services or ongoing representation. It typically includes detailed provisions about service scope, fee structures, communication protocols, and confidentiality requirements. The document must comply with both federal regulations and state-specific bar requirements, making it a crucial tool for legal practice management.
Suggested Sections

1. Parties: Identification of the attorney/firm and client with full legal names and addresses

2. Background: Context of the engagement and general purpose of the relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of legal services to be provided

5. Fee Structure: Rates, payment terms, and billing procedures

6. Term and Termination: Duration of agreement and termination conditions

7. Confidentiality: Terms regarding the protection and handling of confidential information

8. Client Responsibilities: Obligations and duties of the client in the relationship

9. Governing Law: Jurisdiction and applicable law governing the agreement

Optional Sections

1. Conflict Resolution: Procedures for handling disputes between parties, including mediation and arbitration provisions

2. Insurance Requirements: Professional liability coverage details and requirements

3. Intellectual Property Rights: Ownership and handling of work product and intellectual property

4. Force Majeure: Provisions for unforeseen circumstances and events beyond parties' control

5. Data Protection: Specific provisions regarding handling of personal data and compliance with privacy laws

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of rates, charges, and payment terms

2. Schedule B - Team Members: List of attorneys and staff assigned to the client's matters

3. Schedule C - Specific Matter Details: Detailed scope for specific matters covered under the retainer

4. Schedule D - Conflict Waiver: Standard conflict waiver forms and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

State-Specific Legal Practice Rules: Includes state bar association rules and regulations, professional conduct rules specific to each state, and state-specific requirements for attorney-client agreements

ABA Model Rules: Key rules including Rule 1.5 (Fees), Rule 1.4 (Communications), Rule 1.15 (Safekeeping Property), and Rule 1.3 (Diligence) from the American Bar Association

Federal Laws: Including Fair Debt Collection Practices Act and Truth in Lending Act (if payment plans are offered)

Contract Law: State-specific contract laws, Statute of Frauds requirements, and basic contract formation elements (offer, acceptance, consideration)

Consumer Protection Laws: State-specific consumer protection statutes and Federal Trade Commission regulations

Data Privacy Laws: State-specific privacy laws, federal privacy regulations, and GDPR compliance (if dealing with EU clients)

Billing and Financial Regulations: IRS requirements for trust accounts, state-specific trust account rules, and banking regulations

Document Retention Requirements: State-specific requirements for maintaining client files and electronic storage compliance requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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