Retainer Agreement – Criminal Defense

1. Parties

• Attorney/Law Firm: [Firm Name], located at [Address], licensed to practice in [Jurisdiction].
• Client/Defendant: [Client Name], mailing address [Address], date of birth [DOB].

2. Representation Scope

• Defense of charges pending in [Court Name], case number [Case No.], described as [Charge Description].
• Excludes appeals, post-conviction relief, administrative license hearings, or unrelated matters unless added by written amendment.

3. Nature of Services

• Investigation, legal research, negotiation with prosecutors, court appearances, motion practice, and trial representation.
• Counsel will advise regarding plea offers, potential penalties, collateral consequences, and strategy.

4. Client Duties

• Provide accurate facts, disclose prior criminal history, and promptly deliver discovery received.
• Attend all court dates and comply with bond conditions.
• Notify attorney of changes in contact information.

5. Fee Structure

• Flat/Hourly/Hybrid Fee: [Describe structure].
• Initial retainer: $[Amount] deposited to trust; earned fees transferred upon invoicing.
• If hourly, rates are: Partner $[Rate], Associate $[Rate], Investigator $[Rate], Paralegal $[Rate].
• Minimum fee earned upon entry of appearance: $[Amount] (if applicable), with disclosure pursuant to local rules.

6. Costs and Third-Party Expenses

• Client responsible for investigator fees, expert witnesses, bond premium, travel, transcripts, copying, and court costs.
• Attorney may advance costs; reimbursement due within [Number] days of billing.
• Client consents to attorney hiring third-party professionals as deemed necessary.

7. Communication and Confidentiality

• All communications are privileged. Client must avoid discussing case with third parties or on social media.
• Preferred communication channel: [Phone/Email/Client Portal]. Emergency contact: [Name & Number].

8. Cooperation Requirements

• Client must appear for attorney meetings, provide witness information, and authorize record releases.
• Failure to cooperate may constitute grounds for withdrawal.

9. Withdrawal and Termination

• Client may terminate representation at any time upon written notice; fees earned to date remain payable.
• Attorney may withdraw for nonpayment, conflict, breakdown in communication, or ethical grounds, subject to court approval.
• Upon termination, attorney will provide file and refund unearned retainer within [Number] days.

10. Plea Decisions

• Client retains exclusive authority over plea decisions, testifying, and whether to waive jury trial after consultation.
• Attorney will document plea offer discussions and acceptance/decline in writing.

11. Sentencing and Post-Judgment Services

• Representation includes sentencing advocacy and post-trial motions filed within [Number] days of verdict.
• Additional services (appeals, probation violations) require new agreement.

12. File Retention Policy

• Files maintained for [Number] years from case closure and then destroyed, subject to legal obligations.

13. Dispute Resolution

• Fee disputes submitted to [State/County Bar Fee Arbitration Program] prior to litigation.
• Governing law and venue: [State], [County].

14. Acknowledgement and Consent

• Client acknowledges reading agreement, understands charges and potential penalties, and consents to attorney acting on their behalf.

15. Signatures