When it comes to hiring a lawyer, clients often want to ensure that they have a lawyer on retainer in case any legal issues arise. A retainer agreement is a contract between a lawyer and a client that outlines the terms of their relationship, including the scope of legal services to be provided, the fees for those services, and how those fees will be paid.
The American Bar Association (ABA) has created a model retainer agreement that provides a framework for lawyers and their clients to use when drafting their own retainer agreement. This model agreement is not mandatory, but it’s a helpful tool that can save time, money, and potential misunderstandings down the road.
One of the key benefits of using the ABA model retainer agreement is that it ensures that important terms are included in the contract. For example, the agreement clearly specifies the scope of legal services that will be provided, which can help avoid disputes about what services the lawyer is expected to perform. Additionally, the model agreement sets out how fees will be calculated and paid, which can help prevent misunderstandings and billing disputes.
Another benefit of using the ABA model retainer agreement is that it provides a starting point for negotiations between the lawyer and the client. While the model agreement can be used as-is, it’s often customized to fit the specific needs of the client and the legal services being provided. By starting with the model agreement, the lawyer and client can focus on negotiating specific terms rather than getting bogged down in drafting the entire agreement from scratch.
It’s important to note that the ABA model retainer agreement is not a substitute for legal advice. Lawyers and their clients should review the model agreement carefully and consult with each other and other professionals as needed to ensure that the agreement is tailored to their specific situation.
In conclusion, using the ABA model retainer agreement can be a helpful tool for lawyers and their clients when drafting a retainer agreement. The agreement provides a framework for negotiations and ensures that important terms are included in the contract. While the model agreement is not mandatory, it’s a useful starting point that can save time, money, and potential misunderstandings down the road.
