Sample Collaborative Law Retainer Agreement
Date:
NAME
Address
City, State Zip
Re: Retainer Agreement
Dear :
INTRODUCTION
I want to thank you for retaining my office to advise you in connection
with the Collaborative Law process. You and your spouse will each have an
attorney who, along with the two of you, will share a commitment to avoidance of
litigation. The process primarily entails informal discussions and conferences
for purposes of settling all issues. Each party and his or her attorney agrees
to adhere to honesty and mutual respect for the process.
I have explained the Collaborative Law process to you and you understand
how it works. I have also explained the advantages and disadvantages to
you. I have given you a copy of the principles and guidelines for the
practice of Collaborative Law, which you have read and understand. You
have signed the Principles and Guidelines or you will sign it concurrently with
this agreement.
SCOPE AND DUTIES
Assuming that your spouse agrees to
participate in the Collaborative Law process, we agree that I will represent
your interests through a final settlement and the filing of a Judgment of
Dissolution, subject to the following:
I am not your attorney of record
except for the purposes of filing the Judgment.
I will not be representing you in any
contested litigation.
I
will not represent you in any family law litigation against your spouse should
the Collaborative Law process end before settlement. However, I will cooperate
with you in transferring your file to new counsel.
During the period of my retention I will promptly respond to your
inquiries and make reasonable efforts to keep you informed on matters important
to the settlement process. Of course I cannot settle any material issue without
your consent, but I am authorized by you to extend reasonable courtesies to the
other professionals involved in this Collaborative Law process.
You acknowledge and agree that for so long as you participate in the
Collaborative Law process, you are giving up your right to have your own
expert(s), your access to the court system, and the right to formally object to
producing any documents or to providing any information to the other side that I
deem is appropriate.
To this end, you agree to make full disclosure of the nature, extent,
value of, and all developments affecting your income, assets and liabilities.
You authorize me to fully disclose all information which, in my discretion, must
be provided to your spouse and his or her attorney.
The Collaborative Law process depends upon good faith participation by
both parties. A dishonest or unscrupulous party could take advantage of the
Collaborative Law process for delay or advantage in litigation. Neither I nor
any Collaborative Law attorney can guarantee that their client will in fact
adhere to the good faith undertakings that are made formally in writing at the
start of the process. Remedies for bad faith might be available subsequently in
court but might or might not actually remedy the consequences of bad faith
behavior in the Collaborative Law process. My commitment to you is that I will
alert you to any suspicion of bad faith and recommend termination of the process
if I suspect bad faith. Similarly, I will either withdraw as your counselor
terminate the Collaborative Law process, at my election, if it appears to me
that you are not meeting your good faith commitments in the Collaborative Law
process. In signing this agreement, you are authorizing me to withdraw or
terminate the Collaborative Law process, if, in my judgment, you are failing to
participate in good faith.
You and I both retain the right to withdraw from this contract if either
of us feels we cannot abide by the principles of the Collaborative Law process,
by notifying the in writing. I agree to give you fifteen (15) days notice
of my intention to withdraw.
You acknowledge and agree that you are hiring my office only, and not the
organization known as Santa Barbara Collaborative Law Group, or any other
attorney or member of that organization. The legal relationship created by this
Agreement is solely between you and my office.
Financial Provisions
You
agree to pay a reasonable fee for my services, based upon an hourly rate of $_____.00,
for time spent on your matter. The hourly rate will be charged portal-to-portal
for time spent outside the office. It will also include time spent on the
telephone, in negotiations, and drafting of pleadings, correspondence and
memoranda and in legal research. I am not able to quote a fixed attorney fee or
to predict just how much time will be required.
We acknowledge that you have paid this office the sum of $_____ as an
advance payment on account of fees and costs. That sum will be deposited in my
trust account. You hereby authorize me to withdraw from it, and all additions to
it, at the close of each calendar month, a sum equal to the total charges for my
services for the preceding month and for all costs advanced by my office on your
behalf during the preceding month as well as direct charges to your matter. In
the event your trust account falls below $1,000.00, I reserve the right to
require an additional retainer in order to continue advising you.
In addition, you will be charged for actual costs for such expenses as
service of process, filing fees, photocopies, messengers, and telephone charges
out of our local area. Also, it may be necessary to retain the services of an
accountant, appraiser, actuary or other expert to value certain assets. If I
deem it advisable to retain an expert, I will recommend an expert to you and
your spouse's collaborative counsel, and will obtain full consent of all parties
prior to engagement of an expert's services. Payment for your share of expert
services and other costs is your sole liability and must be paid directly by
you.
In certain instances, one party agrees to pay fees and costs. Where
appropriate, I will seek such however, the obligation to pay fees and costs to
my of any such agreements
I will send you itemized bills on a monthly basis for all fees and costs.
You agree to pay any balance due thereon within 25 days of billing. Unless you
advise me within 15 days of the billing that you have questions about the bill,
you agree to accept the bill as correct. Bills are payable in full each month.
If any dispute should arise between us as to whether any legal services
rendered to you under this contract were unnecessary, unauthorized, or were
improperly or negligently rendered, you agree that any such dispute will be
determined by submission to arbitration as provided by California law (pursuant
to the California Arbitration Act, Code of Civil Procedure Sections 1280-1296),
and not by a lawsuit except as California law provides for judicial review of
arbitration proceedings. Any controversy concerning the interpretation or scope
of this arbitration agreement shall also be submitted to arbitration as provided
above. Both parties to this agreement, you and __________________, are giving up
their constitutional right to have any such dispute decided in a court of law
before a jury, and are instead accepting arbitration.
If there should be a dispute between us regarding any bill for services,
you and I agree that the dispute will be submitted to binding arbitration under
the auspices of the Santa Barbara County Bar Association, upon request for
arbitration by either you or me.
In the event that the retainer is not replenished promptly as agreed
above and/or any bill is not paid within 30 days, it is understood that no
further work will be done until payment is received, or other satisfactory
arrangements are made and confirmed in writing. In the alternative, I reserve
the right to withdraw as your attorney, and you agree to sign all documents
necessary for me to withdraw, upon our request.
In signing this letter, you agree that I will have a judgment lien
against any sums which you may receive in this action, to pay any unpaid balance
of your attorney's fees and costs remaining in this action at the time of
settlement. Furthermore, you agree that I may record this agreement in any
county in which you own real property, in the event that you fail to pay all
sums owing to this office, and that the recording of this agreement shall
constitute a lien against such real property and that regardless of whether this
agreement is recorded or not, all unpaid fees and costs owing to this office
shall be paid from the escrow upon sale of any real property owned in whole or
in part by you.
Please read this letter carefully, and if you are in agreement with its
terms, sign the copy which is enclosed and return it to me. Please understand
that although I work with other Collaborative Law attorneys as part of a group,
you are only retaining me in this matter to represent your interests and not any
other Collaborative Law attorney. This agreement is a legally binding contract
between us, which you are free to have reviewed by another attorney before
signing. I encourage you to do that if you have any uncertainty about entering
into any part of this agreement with me. Should you have any comments or
questions concerning this letter of agreement, please contact me at your
convenience. I feel it is very important that we have a clear understanding
about fees and costs because I want to devote my efforts and attention to the
substance of your case and to avoid any possible future misunderstanding about
my financial arrangements with you.
Sincerely,
Enclosure: Duplicate copy of retainer agreement for your
records
I understand and agree to the terms of the foregoing
letter.
Dated: