EMERGENCY RETAINER AGREEMENT

EXPEDITED LEGAL SERVICES FOR URGENT MATTERS

AGREEMENT DATE AND TIME: [__/__/____] at [____:____] ☐ AM ☐ PM

ATTORNEY INFORMATION

Name: [________________________________]
Bar Number: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Mobile/Emergency Line: [________________________________]
Email: [________________________________]

CLIENT INFORMATION

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone (Primary): [________________________________]
Telephone (Alternate): [________________________________]
Email: [________________________________]

ARTICLE 1: NATURE OF EMERGENCY

1.1 Emergency Matter Description

Type of Emergency:

☐ Temporary Restraining Order (TRO) / Emergency Injunction
☐ Emergency Custody/Visitation
☐ Protective Order (domestic violence, harassment)
☐ Criminal Arrest/Detention
☐ Asset Freeze / Emergency Receivership
☐ Emergency Business Dispute
☐ Imminent Foreclosure/Eviction
☐ Regulatory Emergency (license suspension, etc.)
☐ Immigration Emergency (detention, deportation)
☐ Healthcare/Medical Decision Emergency
☐ Emergency Guardianship/Conservatorship
☐ Breach of Contract with Immediate Harm
☐ Employment Termination with Immediate Action Required
☐ Data Breach / Cybersecurity Emergency
☐ Other: [________________________________]

Brief Description of Emergency:
[________________________________]
[________________________________]
[________________________________]

Immediate Threat/Harm:
[________________________________]
[________________________________]

1.2 Critical Deadline

DEADLINE: [__/__/____] at [____:____] ☐ AM ☐ PM

Nature of Deadline:
☐ Court filing deadline
☐ Hearing date
☐ Statute of limitations
☐ Contractual deadline
☐ Regulatory deadline
☐ Opposing party ultimatum
☐ Other: [________________________________]

Consequences if Deadline Missed:
[________________________________]
[________________________________]

1.3 Expedited Nature Acknowledgment

☐ Client understands this matter requires immediate action
☐ Client understands expedited fees apply to emergency services
☐ Client understands Attorney will prioritize this matter over other work
☐ Client understands some normal processes may be abbreviated due to time constraints
☐ Client will be available and responsive during the emergency period

CLIENT INITIALS: [____]

ARTICLE 2: SCOPE OF EMERGENCY SERVICES

2.1 Immediate Actions INCLUDED

Attorney agrees to take the following immediate actions:

Court/Legal Filings:
☐ Prepare and file emergency motion/application
☐ Prepare temporary restraining order application
☐ Prepare emergency petition
☐ Prepare and file responsive pleading before deadline
☐ File notice of appearance
☐ Other: [________________________________]

Hearing Representation:
☐ Appear at emergency/ex parte hearing on [__/__/____]
☐ Appear at TRO/preliminary injunction hearing
☐ Appear at arraignment/bail hearing
☐ Appear at emergency custody hearing
☐ Other: [________________________________]

Immediate Negotiations:
☐ Contact opposing party/counsel immediately
☐ Negotiate standstill or extension
☐ Negotiate emergency settlement terms
☐ Issue or respond to demand letter
☐ Other: [________________________________]

Protective Actions:
☐ Serve cease and desist notice
☐ Issue litigation hold notice
☐ Secure assets or evidence
☐ Contact law enforcement
☐ Other: [________________________________]

2.2 Duration of Emergency Engagement

This emergency engagement covers:

☐ Immediate action through emergency hearing/deadline only
☐ Period of [____] days from date of this Agreement
☐ Through resolution of immediate emergency (estimated [____] days)
☐ Through preliminary injunction hearing (if TRO granted)
☐ Other: [________________________________]

2.3 Transition After Emergency

After the immediate emergency is resolved:

☐ Engagement terminates; Client may retain Attorney or other counsel for ongoing matter
☐ Parties will enter separate fee agreement for continued representation
☐ Emergency retainer converts to standard retainer for ongoing matter
☐ Attorney will provide referral to other counsel if not continuing
☐ Other: [________________________________]

2.4 Services EXCLUDED from Emergency Engagement

Client understands the following are NOT included in this emergency engagement:

☐ Full litigation beyond immediate emergency
☐ Discovery
☐ Trial preparation and trial (unless emergency is trial-related)
☐ Appeals
☐ Matters unrelated to the identified emergency
☐ Non-urgent aspects of the same matter
☐ Other: [________________________________]

CLIENT INITIALS: [____]

ARTICLE 3: CLIENT RESPONSIBILITIES

3.1 Availability

Client MUST be available during the emergency period:

☐ Client will be reachable at: [________________________________]
☐ Alternate contact: [________________________________]
☐ Client will respond to Attorney within [____] minutes during emergency
☐ Client authorizes contact at any hour if urgent

3.2 Information and Documents

Client will immediately provide:

☐ All relevant documents in Client's possession
☐ Names and contact information for witnesses
☐ Background information as requested
☐ Access to relevant records and systems
☐ Authorization for Attorney to obtain records

3.3 Decision-Making

☐ Client will make time-sensitive decisions promptly when required
☐ Client understands delays in decision-making may affect outcome
☐ Client will attend required hearings and appearances

3.4 Truthfulness

☐ Client will provide complete and truthful information
☐ Client understands incomplete information may harm the emergency response
☐ Client will disclose any adverse facts or prior legal issues

ARTICLE 4: ATTORNEY RESPONSIBILITIES

4.1 Priority Handling

Attorney agrees to:

☐ Treat this matter as highest priority
☐ Devote necessary time and resources immediately
☐ Be available for emergency communications
☐ Take all reasonable steps to meet deadline

4.2 Communication

Attorney will:

☐ Keep Client informed of all significant developments
☐ Communicate within [____] hours of any development
☐ Provide copies of all filed documents
☐ Explain strategy and options as time permits

4.3 Competent Representation

Attorney warrants:

☐ Competence to handle this type of emergency matter
☐ Familiarity with applicable court/forum procedures
☐ Adequate staffing to address emergency timeframe

4.4 Limitations

Client understands that due to emergency nature:

☐ Attorney may have limited time to research all issues
☐ Some strategic options may not be available due to time constraints
☐ Outcome cannot be guaranteed
☐ Emergency results may be temporary pending full adjudication

ARTICLE 5: FEES AND PAYMENT

5.1 Emergency Fee Premium

Due to the urgent nature of this engagement, expedited rates apply:

☐ Emergency Hourly Rate: $[________________________________] per hour
(Standard rate: $[________________________________] per hour)

☐ Emergency Flat Fee: $[________________________________]
- Covers services through: [________________________________]
- Additional services at hourly rate of $[________________________________]

☐ Emergency Retainer Plus Hourly:
- Non-refundable engagement fee: $[________________________________]
- Plus hourly rate of $[________________________________]

☐ Rush Premium: Standard rates plus [____]% emergency premium

5.2 Immediate Payment Required

☐ Full payment required before work begins: $[________________________________]
☐ Minimum payment to begin work: $[________________________________]
- Balance due: [________________________________]
☐ Credit card authorization required (see below)

5.3 Payment Methods Accepted

☐ Wire transfer to Attorney trust account
☐ Certified check
☐ Credit card (processing fee of [____]% may apply)
☐ Electronic payment (Venmo, Zelle, PayPal): [________________________________]
☐ Other: [________________________________]

5.4 Credit Card Authorization

If paying by credit card:

Cardholder Name: [________________________________]
Card Type: ☐ Visa ☐ Mastercard ☐ Amex ☐ Discover
Card Number: [________________________________]
Expiration: [__/__]
CVV: [____]
Billing ZIP: [________________________________]

☐ Client authorizes charge of $[________________________________] immediately
☐ Client authorizes additional charges up to $[________________________________] without further approval
☐ Client will be contacted before charges exceed authorized amount

CARDHOLDER SIGNATURE: [________________________________]

5.5 Costs and Expenses

Client agrees to pay the following costs immediately or upon invoice:

☐ Court filing fees (estimated): $[________________________________]
☐ Service of process (estimated): $[________________________________]
☐ Courier/overnight delivery: at cost
☐ After-hours court filing fees: at cost
☐ Travel expenses (if required): at cost
☐ Expert/consultant fees (if required): pre-approved
☐ Other: [________________________________]

5.6 Refund Policy

☐ Emergency engagement fee is non-refundable once work begins
☐ Unused portion of hourly retainer refunded if matter resolved quickly
☐ No refund if emergency deadline passes due to Client delay
☐ Other: [________________________________]

ARTICLE 6: AFTER-HOURS AND WEEKEND SERVICES

6.1 Availability

☐ Attorney is available for this emergency matter:
☐ 24/7 during emergency period
☐ Until [____:____] ☐ AM ☐ PM daily
☐ Other: [________________________________]

☐ Emergency contact method: [________________________________]

6.2 After-Hours Rate

☐ Same emergency rate applies at all hours
☐ After-hours premium of $[________________________________]/hour applies after [____:____] PM
☐ Weekend/holiday premium of $[________________________________]/hour applies
☐ Other: [________________________________]

6.3 Court Availability

Client understands that:

☐ Courts may not be available after hours or on weekends
☐ Emergency/ex parte filings may have limited availability
☐ Some jurisdictions have duty judges for true emergencies
☐ Attorney will advise on court availability

ARTICLE 7: CONFLICTS AND DISCLOSURES

7.1 Expedited Conflicts Check

☐ Attorney has conducted conflicts check and no conflicts identified
☐ Due to emergency nature, full conflicts check will be completed within [____] hours
☐ If conflict discovered, Attorney will immediately notify Client and withdraw if required

7.2 Disclosures

☐ Attorney has disclosed any relevant information about this engagement
☐ Client has disclosed any prior attorneys consulted on this matter
☐ Client has disclosed any prior proceedings related to this matter

ARTICLE 8: RISK ACKNOWLEDGMENTS

8.1 Emergency Representation Limitations

Client understands and acknowledges:

☐ Emergency representation involves time pressure that may limit options
☐ Attorney may not have time to investigate all facts
☐ Opposing party may have more preparation time
☐ Emergency orders are often temporary pending further proceedings
☐ Results cannot be guaranteed regardless of effort
☐ Client is paying for Attorney's time and effort, not a guaranteed result

8.2 Possible Outcomes

Client understands that possible outcomes include:

☐ Emergency relief granted
☐ Emergency relief denied
☐ Partial or modified relief granted
☐ Matter set for full hearing (temporary relief may or may not be granted)
☐ Settlement or resolution before hearing
☐ Deadline extension obtained

8.3 If Emergency Relief Denied

If emergency relief is denied:

☐ Client may have rights to pursue regular (non-emergency) remedies
☐ Additional fees will apply for continued representation
☐ Attorney will advise on options after emergency phase

CLIENT INITIALS: [____]

ARTICLE 9: CONFIDENTIALITY

9.1 Attorney-Client Privilege

All communications between Attorney and Client regarding this matter are privileged and confidential.

9.2 Emergency Communications

Due to the emergency nature:

☐ Client authorizes communication by cell phone (may not be encrypted)
☐ Client authorizes communication by email to: [________________________________]
☐ Client authorizes communication by text message to: [________________________________]
☐ Client understands these methods may have reduced security

9.3 Third-Party Communications

☐ Client authorizes Attorney to communicate with: [________________________________]
☐ Client authorizes Attorney to share information as necessary for emergency relief

ARTICLE 10: TERMINATION

10.1 Completion of Emergency

This engagement terminates upon:

☐ Resolution of immediate emergency
☐ Expiration of emergency period specified above
☐ Entry of subsequent fee agreement for ongoing representation
☐ Client termination

10.2 Early Termination

By Client:
☐ Client may terminate at any time by written or verbal notice
☐ Client owes all fees for work performed through termination
☐ Emergency fees are non-refundable once work begins

By Attorney:
☐ Attorney may withdraw if Client fails to cooperate
☐ Attorney may withdraw if Client fails to pay
☐ Attorney will take reasonable steps to protect Client if withdrawal occurs before deadline

10.3 File Transfer

Upon termination:

☐ Attorney will provide file to Client or successor counsel
☐ Liens for unpaid fees may apply

ARTICLE 11: GENERAL PROVISIONS

11.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties for emergency services.

11.2 Amendments

This Agreement may be amended only by written instrument signed by both parties (or verbal agreement confirmed in writing due to emergency).

11.3 Governing Law

This Agreement shall be governed by the laws of the State of [________________________________].

11.4 Severability

If any provision is unenforceable, the remaining provisions shall continue in effect.

11.5 Electronic Signature

Due to the emergency nature, electronic and digital signatures are accepted as valid.

ARTICLE 12: SIGNATURES

By signing below, the parties acknowledge that they have read, understand, and agree to be bound by the terms of this Agreement.

ATTORNEY:

Signature: [________________________________]
Name: [________________________________]
Date: [__/__/____]
Time: [____:____] ☐ AM ☐ PM

CLIENT:

Signature: [________________________________]
Name: [________________________________]
Date: [__/__/____]
Time: [____:____] ☐ AM ☐ PM

EMERGENCY CHECKLIST

Immediate Information Needed:

☐ Court/forum where action will be filed
☐ Judge assigned (if known)
☐ Case number (if existing case)
☐ Opposing party name and address
☐ Opposing counsel (if known)
☐ Key witnesses
☐ Critical documents
☐ Prior court orders
☐ Deadline details and source

Documents to Provide Immediately:

☐ Complaint/petition (if existing)
☐ Prior court orders
☐ Contracts or agreements involved
☐ Correspondence with opposing party
☐ Photos, videos, or other evidence
☐ Police reports (if applicable)
☐ Medical records (if applicable)
☐ Financial records (if applicable)
☐ ID/proof of identity

Contact Information:

Court Clerk: [________________________________]
Court Phone: [________________________________]
Opposing Counsel: [________________________________]
Key Witness 1: [________________________________]
Key Witness 2: [________________________________]

EXHIBIT A: EMERGENCY TIMELINE

EXHIBIT B: POST-EMERGENCY OPTIONS

After the immediate emergency is addressed, Client may need ongoing legal services. Options include:

1. Continued Representation with Attorney
- New fee agreement required
- Standard (non-emergency) rates apply
- Full scope of representation to be defined

2. Transition to Other Counsel
- Attorney will cooperate with transition
- File materials transferred
- Summary of actions taken provided

3. Matter Resolved
- If emergency action resolves matter, no further action needed
- Final invoice provided
- File closed

4. Self-Representation
- Attorney will provide file and status summary
- Client proceeds without counsel
- Attorney available for limited scope assistance if needed

SOURCES AND REFERENCES

• ABA Model Rules of Professional Conduct, Rules 1.1, 1.2, 1.3, 1.4, 1.5
• Wrapbook - Guide to Attorney-Client Retainer Agreements
• Cornell LII - Retainer Agreement Definition
• State court emergency filing procedures
• Attorneys On Retainer - 24/7 Emergency Services Guidelines

This template is provided for informational purposes only and should be reviewed and customized by a licensed attorney. Emergency legal situations require immediate professional consultation.