Retainer Agreement – Estate Planning

1. Parties

• Law Firm: [Firm Name], located at [Address].
• Client(s): [Client Name(s)], residing at [Address].

2. Scope of Representation

• Preparation of estate planning documents: [Wills/Trusts/Powers of Attorney/Healthcare Directives/Other].
• Includes consultations, drafting, revisions, supervision of execution ceremonies, and coordination with financial advisors upon client consent.
• Excludes tax return preparation, litigation, probate administration, or funding of trusts beyond instructions unless separately agreed.

3. Flat Fee / Hourly Fee Options

• Flat fee of $[Amount] for standard estate plan listed in Appendix A; 50% due at signing, balance due upon delivery of drafts.
• Additional services billed hourly at:
• Attorney: $[Rate]/hour
• Associate: $[Rate]/hour
• Paralegal: $[Rate]/hour

4. Client Responsibilities

• Provide accurate family information, asset inventory, beneficiary designations, and existing documents.
• Execute necessary authorizations for communication with financial institutions and advisors.
• Timely review drafts and provide feedback within [Number] days.

5. Confidentiality and Joint Representation

• Attorney-client privilege applies. For joint representation of spouses/partners, information is shared between clients unless a conflict arises.
• If conflict develops, attorney may withdraw from representing one or both clients per ethical obligations.

6. Conflicts and Independent Counsel

• Client acknowledges opportunity to seek independent legal or tax advice concerning decisions affecting beneficiaries and fiduciaries.

7. Costs and Expenses

• Client responsible for recording fees, courier charges, notary fees (if not provided by firm), and appraisal or valuation services.
• Extraordinary expenses over $[Amount] require prior approval.

8. Trust Funding Assistance (Optional)

• Firm can assist with trust funding at hourly rates or flat fee described in Appendix B.
• Client responsible for retitling assets and updating beneficiary designations unless specifically engaged.

9. Termination

• Either party may terminate with written notice. Fees earned up to termination remain due; flat fees refunded proportionally based on work completed.
• Firm will deliver electronic copies of drafts and originals in possession upon request and payment of outstanding amounts.

10. Document Retention

• Original executed documents delivered to client unless otherwise requested.
• Firm retains copies for [Number] years; after that, files may be destroyed.

11. Governing Law and Venue

• Agreement governed by laws of [State]; disputes resolved in [County], [State]. Fee disagreements submitted first to [State Bar Fee Arbitration].

12. Acknowledgement and Signatures

• Client acknowledges understanding of services, fees, and joint representation disclosures (if applicable).