Retainer Agreement – Family Law - Free Editor
Retainer Agreement – Family Law
1. Parties and Matter
- Law Firm: [Firm Name], located at [Address].
- Client: [Client Name], residing at [Address].
- Matter: [Divorce/Custody/Support/Other], case number (if assigned) [Case No.].
2. Scope of Services
- Representation includes negotiation, mediation, drafting pleadings, court appearances, discovery, and settlement efforts related to the defined family law matter.
- Services do not include appeals, modifications after final judgment, criminal/immigration/tax advice, or property transactions without written amendment.
3. Attorney Responsibilities
- Provide legal counsel, prepare necessary documents, and advocate in court or mediation.
- Keep client informed of significant developments and provide copies of filings.
4. Client Responsibilities
- Provide complete financial disclosures, parenting information, and relevant documents.
- Complete required financial affidavits and parenting classes timely.
- Maintain civility and follow court orders; inform attorney of any violations or emergencies.
5. Fee Arrangement
- Initial retainer deposit: $[Amount] to be placed in trust.
- Billing against retainer at hourly rates:
- Partner/Lead Attorney: $[Rate]/hour
- Associate Attorney: $[Rate]/hour
- Paralegal/Legal Assistant: $[Rate]/hour
- Minimum billing increments of [0.1] hour; travel billed at standard rates.
- Monthly invoices provided; payment due within [Number] days. Retainer replenishment required when balance below $[Threshold].
6. Costs and Expenses
- Client responsible for court filing fees, service fees, custody evaluators, mediators, forensic accountants, parenting coordinators, expert witnesses, copies, and postage.
- Third-party service providers engaged only with client approval, except for routine costs under $[Amount].
7. Alternative Fee Provisions (Optional)
- [Flat fee for uncontested divorce], payable as follows: [Milestone Schedule].
- Additional work outside flat fee billed at hourly rates above.
8. Confidentiality and Privacy
- Attorney will maintain confidentiality consistent with professional rules.
- Client agrees not to share attorney communications with opposing party or social media.
9. Conflicts of Interest
- Client confirms no existing representation conflicts. Firm will run conflict check prior to engagement.
10. Termination of Representation
- Client may terminate by written notice; firm will cease work upon receipt subject to court approval if pending action.
- Firm may withdraw for nonpayment, conflict, or ethical obligations. Client responsible for fees incurred through termination date.
- File will be delivered electronically within [Number] days after settlement of account.
11. Dispute Resolution and Governing Law
- Fee disputes submitted to [State/County Bar Fee Arbitration Program] before litigation.
- Agreement governed by laws of [State]; venue in [County].
12. File Retention
- Firm retains file for [Number] years after closure, then securely destroys unless client requests earlier return.
13. Acknowledgement
- Client acknowledges receiving and understanding terms, including billing practices and confidentiality obligations.
14. Signatures
| Party | Signature | Date |
|---|---|---|
| [Client Name] | ________ | ____ |
| [Attorney Name] for [Firm Name] | ________ | ____ |
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