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The agreement should also outline how you will pay for out-of-pocket expenses like photocopying, process servers, stenographers, or court fees. Maybe those expenses will come out of your retainer, or maybe you'll have to pay them in addition to your retainer. Find out now. |
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A retainer agreement should explain how often you will be billed. Are you going to get a bill only when the retainer is used up, or will you be kept informed with a bill each month as the retainer dwindles? |
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What happens if you do not pay your bill? Does the lawyer have an automatic right to abandon your case? Does he or she have an obligation to try to work out a payment plan with you? Are you obligated to guarantee payment with collateral such as your house? Watch out for any lawyer who demands security in the form of something you cannot afford to lose. |
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Usually you will be asked to countersign the retainer and send it back to the lawyer with the retainer check. |
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Sample Retainer Agreement |
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ELAYNE KESSELMAN, ESQ. |
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RETAINER AGREEMENT |
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February 6, 1996 |
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PERSONAL AND CONFIDENTIAL |
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John Doe |
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New York, New York |
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Re: Doe v. Doe |
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Dear Mr. Doe: |
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I appreciate your retaining me to represent you in connection with your matrimonial situation, and I write this letter in order to confirm our understanding regarding the financial arrangements between us with regard to that work. |
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As an initial retainer, you have agreed to pay, and I have agreed to accept, $1,500. Applied against this fee shall be my hourly billing rate. The rate presently applicable to my services is $150.00 per hour. Because of mounting costs, it may be necessary from time to time for the applicable time charges to be increased, and I will notify |
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