SINGLE HEARING ONLY RETAINER AGREEMENT
(Limited Scope Appearance)
ATTORNEY INFORMATION:
Attorney Name: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
State Bar Number: [________________________________]
CLIENT INFORMATION:
Client Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
1. PURPOSE OF THIS AGREEMENT
This Single Hearing Only Retainer Agreement ("Agreement") is entered into as of [__/__/____] between the Attorney and Client named above.
PURPOSE: The Client wishes to retain the Attorney to provide LIMITED representation for a SINGLE court hearing ONLY. The Attorney will NOT represent the Client in any other aspect of the case before or after this hearing.
IMPORTANT: This is an "unbundled" or limited scope representation. The Attorney's involvement is strictly limited to the specific hearing identified in this Agreement.
2. HEARING INFORMATION
A. Case Information
Case Caption: [________________________________]
Court: [________________________________]
Courtroom/Department: [________________________________]
Case Number: [________________________________]
Judge: [________________________________]
Client's Role: ☐ Plaintiff ☐ Defendant ☐ Petitioner ☐ Respondent ☐ Other: [____]
Opposing Party: [________________________________]
Opposing Counsel (if known): [________________________________]
B. Hearing Details
Hearing Date: [__/__/____]
Hearing Time: [____:____] ☐ AM ☐ PM
Type of Hearing (check one or more):
☐ Motion hearing: [________________________________]
☐ Status conference
☐ Case management conference
☐ Pretrial conference
☐ Preliminary injunction / TRO hearing
☐ Evidentiary hearing
☐ Prove-up hearing
☐ Default judgment hearing
☐ Summary judgment hearing
☐ Sentencing hearing (criminal)
☐ Arraignment (criminal)
☐ Bail/bond hearing (criminal)
☐ Protective order hearing
☐ Family law temporary orders hearing
☐ Child custody hearing
☐ Probate hearing
☐ Administrative hearing
☐ Other: [________________________________]
C. Subject Matter of Hearing
Brief description of hearing purpose:
[________________________________]
[________________________________]
[________________________________]
Relief being sought or opposed:
[________________________________]
3. LIMITED APPEARANCE REQUIREMENTS
A. Notice of Limited Appearance
Many jurisdictions require filing a Notice of Limited Appearance. The Attorney will:
☐ File Notice of Limited Appearance (where required/permitted)
☐ Announce limited appearance on the record at the hearing
☐ File Substitution of Attorney form (if taking over from prior counsel for this hearing only)
B. Jurisdictional Requirements
This jurisdiction:
☐ Permits limited scope appearances in court
☐ Requires advance notice to court and opposing counsel
☐ Requires specific form: [________________________________]
☐ Does not permit limited appearances (consultation with court required)
C. Withdrawal After Hearing
☐ Automatic withdrawal upon conclusion of hearing (if permitted by court rules)
☐ Must file Notice of Withdrawal of Limited Appearance
☐ Must obtain court permission to withdraw
4. SCOPE OF REPRESENTATION
A. Services Included
Pre-Hearing Services:
☐ Review of relevant pleadings and motions
☐ Review of applicable court filings
☐ Legal research on hearing issues
☐ Preparation of hearing arguments/presentation
☐ Preparation of hearing brief or memorandum (if needed)
☐ Preparation of proposed order (if needed)
☐ Meeting with Client to prepare for hearing: [____] hour(s)
☐ Communication with opposing counsel regarding hearing
☐ Subpoena witnesses for hearing: ☐ Yes ☐ No
☐ Other: [________________________________]
Hearing Day Services:
☐ Appearance at hearing on [__/__/____]
☐ Oral argument on behalf of Client
☐ Presentation of evidence (if evidentiary hearing)
☐ Examination of witnesses (if applicable)
☐ Cross-examination of opposing witnesses (if applicable)
☐ Response to court's questions
☐ Negotiation of stipulations or agreements (if appropriate)
☐ Other: [________________________________]
Immediately Post-Hearing Services:
☐ Explanation of hearing outcome to Client
☐ Review of court's order (when issued)
☐ Preparation of written order (if directed by court)
☐ Brief consultation on next steps
☐ Other: [________________________________]
B. Duration of Representation
This representation:
- Begins: Upon signing this Agreement (or [__/__/____])
- Ends: Upon the earliest of:
- Conclusion of the hearing and immediate post-hearing services
- Filing of Notice of Withdrawal (if required)
- [__/__/____] (specific end date)
5. SERVICES EXPRESSLY EXCLUDED
IMPORTANT: The Attorney will NOT provide the following services:
Before the Hearing
☐ General case strategy or litigation management
☐ Filing of pleadings (complaint, answer, etc.)
☐ Discovery (interrogatories, depositions, document requests)
☐ Other motion practice beyond this hearing
☐ Negotiations or settlement discussions (unless at hearing)
☐ Communication with opposing counsel (except re: this hearing)
After the Hearing
☐ Post-hearing motions (reconsideration, new trial, etc.)
☐ Enforcement of any order issued
☐ Further hearings or proceedings
☐ Trial preparation or representation
☐ Appeals
☐ Compliance with court orders
☐ Ongoing case monitoring
Other Excluded Services
☐ Advice on matters unrelated to this hearing
☐ Representation at other hearings
☐ [________________________________]
If the hearing is continued or additional hearings are needed, a new or amended agreement will be required.
6. CLIENT'S RESPONSIBILITIES
A. Before the Hearing
☐ Provide all relevant documents and information
☐ Attend preparation meeting(s) as scheduled
☐ Inform Attorney of all relevant facts
☐ Provide contact information for witnesses (if applicable)
☐ Respond promptly to Attorney's requests
☐ Pay all fees as agreed
B. At the Hearing
☐ Arrive on time and appropriately dressed
☐ Bring required identification
☐ Bring any documents Attorney requests
☐ Follow Attorney's instructions
☐ Testify truthfully if called upon
☐ Remain respectful to the court
C. After the Hearing
☐ Comply with any court orders issued
☐ Obtain own copy of court order (if needed)
☐ Seek separate counsel if further representation needed
☐ Handle all post-hearing matters independently (or with new counsel)
7. IF HEARING IS CONTINUED OR RESCHEDULED
A. Court Continues Hearing
If the court continues the hearing to a new date:
☐ This Agreement automatically extends to the new date
☐ A new agreement or amendment is required
☐ Additional fees may apply: $[____] for rescheduled hearing
☐ Client must notify Attorney immediately of new date
B. Additional Hearings Scheduled
If additional hearings become necessary:
☐ This Agreement does NOT cover additional hearings
☐ A separate agreement will be required for each additional hearing
☐ Attorney may decline to represent Client at additional hearings
8. COMMUNICATION
A. Before the Hearing
Primary contact method: ☐ Phone ☐ Email ☐ Text
Phone: [________________________________]
Email: [________________________________]
Response time: Within [____] business hours
B. At the Hearing
☐ Attorney and Client will arrive separately / together (circle one)
☐ Meet at courthouse: [________________________________] (location)
☐ Meet at: [____:____] ☐ AM ☐ PM (time before hearing)
C. After the Hearing
☐ Brief post-hearing consultation included
☐ Additional consultation: $[____] per hour
9. FEES AND PAYMENT
A. Fee Structure (check one)
☐ Flat Fee for Hearing
Total Fee: $[____]
Includes:
- Preparation time: Up to [____] hours
- Hearing attendance: Up to [____] hours
- Post-hearing review: Up to [____] hours
☐ Hourly Rate
Rate: $[____] per hour
| Service | Est. Hours | Est. Fee |
|---|---|---|
| Preparation | [____] | $[____] |
| Hearing | [____] | $[____] |
| Post-hearing | [____] | $[____] |
| Total Estimate | [____] | $[____] |
☐ Hybrid Fee
Flat fee for hearing attendance: $[____]
Hourly rate for preparation: $[____] per hour
B. Additional Time
If hearing exceeds estimated time:
☐ Additional time billed at $[____] per hour
☐ Fee is capped at $[____] regardless of time
☐ Additional time included in flat fee
C. Retainer
☐ No retainer required
☐ Retainer: $[____] due upon signing
☐ Retainer applied to final invoice
☐ Balance due: ☐ Before hearing ☐ Within [____] days after hearing
D. Payment Terms
☐ Full payment required before hearing
☐ Payment due within [____] days of invoice
☐ Credit card on file will be charged upon completion
E. Court Costs and Expenses
Client is responsible for:
☐ Filing fees: $[____]
☐ Service fees: $[____]
☐ Transcript fees (if needed): $[____]
☐ Parking: $[____]
☐ Travel expenses (if applicable): $[____]
☐ Other: [________________________________]
10. TERMINATION
A. Completion
This engagement terminates automatically upon:
☐ Conclusion of hearing and post-hearing services
☐ Filing of Notice of Withdrawal (if required)
☐ Court's acceptance of limited appearance withdrawal
B. Termination by Client Before Hearing
If Client terminates before hearing:
☐ Client pays for all services rendered
☐ Cancellation fee of $[____] if less than [____] days notice
☐ Attorney will withdraw appearance if already filed
C. Termination by Attorney
Attorney may withdraw if:
☐ Client fails to cooperate
☐ Client fails to pay as agreed
☐ Client insists on improper conduct
☐ Continued representation violates ethical rules
☐ Attorney must seek court permission to withdraw (if appearance filed)
11. OUTCOME AND NEXT STEPS
A. No Guarantee
The Attorney makes NO guarantee regarding:
☐ The outcome of the hearing
☐ The court's ruling or decision
☐ Success of any motion or argument
B. If Outcome is Unfavorable
If the court rules against Client:
☐ Client is responsible for deciding whether to appeal
☐ Client must retain separate counsel for appeal or further proceedings
☐ Attorney has NO obligation to file post-hearing motions
☐ Attorney has NO obligation to continue representation
C. If Outcome is Favorable
If the court rules in Client's favor:
☐ Client is responsible for enforcing any order
☐ Client must retain separate counsel if enforcement needed
☐ Attorney has NO obligation to assist with compliance/enforcement
12. CLIENT ACKNOWLEDGMENTS
By signing this Agreement, the Client acknowledges and understands:
Limited Representation
☐ This representation is for ONE HEARING ONLY
☐ The Attorney's role ends after this specific hearing
☐ The Attorney will NOT represent me in other proceedings
☐ I am responsible for all other aspects of my case
Risks
☐ I understand the risks of limited scope representation
☐ I have been advised to consider full representation
☐ I voluntarily choose this limited representation
☐ No outcome is guaranteed
Responsibilities
☐ I must comply with any court orders myself
☐ I must handle all other case matters myself or hire another attorney
☐ I must monitor my case for future deadlines and hearings
☐ I must inform the court I am pro se for other matters
13. SIGNATURES
CLIENT:
Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
ATTORNEY:
Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
ATTACHMENT A: HEARING PREPARATION CHECKLIST
Documents to Provide to Attorney
☐ Complaint/Petition
☐ Answer/Response
☐ Motion being heard (and opposition/reply)
☐ All prior court orders in the case
☐ Evidence to be presented
☐ List of witnesses (if evidentiary hearing)
☐ Relevant correspondence
☐ Prior hearing transcripts (if available)
☐ Other: [________________________________]
Information to Discuss
☐ Facts relevant to hearing
☐ Your position/arguments
☐ Weaknesses in your case
☐ What you want to achieve
☐ Concerns about opposing party's arguments
☐ Other: [________________________________]
ATTACHMENT B: HEARING DAY CHECKLIST
Client Should Bring
☐ Photo identification (driver's license, passport)
☐ Copy of this Agreement
☐ All documents Attorney requests
☐ Pen and notepad
☐ Court notice showing hearing date/time/location
☐ Contact information for Attorney
Client Should Be Prepared To
☐ Answer questions from the court
☐ Testify if necessary
☐ Remain silent when Attorney is speaking
☐ Take notes on court's ruling
☐ Remain calm and respectful
ATTACHMENT C: NOTICE OF LIMITED SCOPE APPEARANCE
(Sample - Modify for Jurisdiction)
[COURT NAME]
[CASE CAPTION]
Case No. [____________]
NOTICE OF LIMITED SCOPE APPEARANCE
TO THE COURT AND ALL PARTIES:
PLEASE TAKE NOTICE that [Attorney Name], State Bar No. [____________], hereby enters a limited appearance on behalf of [Client Name] solely for the purpose of:
☐ The [type of hearing] scheduled for [date] at [time]
This limited appearance is made pursuant to [cite applicable rule] and [jurisdiction] Rules of Professional Conduct Rule 1.2(c).
This limited appearance does NOT extend to any other matters or proceedings in this case. Upon conclusion of the above-specified hearing, this appearance shall terminate automatically pursuant to [cite rule], and [Client Name] shall be deemed self-represented for all other purposes.
All future communications and service of documents should be directed to:
[Client Name]
[Client Address]
[Client Phone]
[Client Email]
Dated: [__/__/____]
____________________________________
[Attorney Name]
Attorney for [Client Name]
(Limited Appearance Only)
STATE-SPECIFIC NOTES
California
- California Rules of Court, Rule 3.36 permits limited scope representation
- Notice to Client required per Business & Professions Code 6148
- Form APP-101 for appellate limited representation
Texas
- Texas Rules of Civil Procedure do not specifically address limited appearances
- Check local rules for specific courts
- Written fee agreements recommended
New York
- 22 NYCRR Part 1215 requires written engagement letter
- Limited appearances permitted in many courts
- Check individual court rules
Florida
- Florida Rule of Judicial Administration 2.505 addresses limited appearances
- Notice of Limited Appearance form may be required
- Limited appearances commonly permitted
Colorado
- Colorado Rule of Civil Procedure 121, Section 1-1 permits limited representation
- Notice of Limited Representation Appearance required
- Specific procedures for family court
SOURCES AND REFERENCES
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