| Retainer
Agreement: Criminal Law – Paying Client |
| Date:
November, 2002 |
Downloadable formats:
Word  |
| Questions / Comments?
Please contact Barbara Buchanan. |
| Copyright ©
2002 The Law
Society of British Columbia |
Retainer Agreement: Criminal Law - Paying Client
Dear [client name]:
Re: [description of matter]
Further to our discussion of [date], you have requested and I
have agreed to act as your lawyer in respect of criminal charges against
you, namely: [describe charges]. Fees
As discussed, my fee is $[amount], which will take this matter
through trial, if necessary. In addition to my fee, you will be required
to pay GST, PST and the expenses related to your case. Minor expenses
include long distance telephone calls, photocopying, delivery charges,
faxes and witness fees. Some cases also require hiring expert witnesses.
If expert witnesses are necessary for your case, I will discuss this with
you and advise you of the cost. You will need to either provide me with an
additional retainer or pay such costs directly. Should you be charged with
other offences, my fees may have to be adjusted. The fee quoted does not
include any appeal, should an appeal be necessary. Retainer
You have agreed to provide me immediately with a retainer of $[amount].
The balance of my fees and any anticipated expenses are due one month
prior to your trial date. Unless I have received the necessary amount
at that time, I will not represent you at the trial. Ending the Relationship
By You
You are free to end my services before your case is completed by
writing me a letter or note. If you do, you agree to pay my fees and
expenses up to the date of ending those services. I will also ask you to
sign a court form which tells the court I no longer act for you. By Me
I am free to withdraw my services at any time if I have good reason.
For example, I would withdraw my services if a client:
- misrepresented facts or failed to disclose important facts;
- did not cooperate with me in any reasonable request;
- ask me to do something unethical or illegal;
- did not pay my bills on time without making other arrangements for
payment.
Again, you would have to pay my fees and expenses up to the time I
stopped acting for you.
I would also have to withdraw my services if I learned of a conflict
of interest that would make it unethical for me to continue to act for
you. A conflict of interest occurs when what is best for one of the
clients of my firm somehow is not best for or hurts another of our
clients. If I have to withdraw my services for you because of a conflict
of interest, you will only have to pay my fees and expenses up to the time
I stopped acting for you. Dealing With Each Other
As we discussed, my trial schedule often prevents me from being able to
return telephone calls or to see clients whenever they wish. In fairness
to my other clients whose matters may then be before the court, my
attention will be primarily on the conduct of these cases. Because of
this, it may be some days before I can return your call unless it is
urgent. Please let my secretary know if a call is urgent, and I will call
back as soon as I can. Other Matters
If other problems arise as a result of the charges, you understand that
I have not been retained by you to act on those matters. Please inform me
if there are other matters for which you may require legal representation,
and I may refer you to another lawyer for assistance. Next Court Date
Your next appearance date is [date] and, unless specific
arrangements are made, you will be required to attend court on that date
to fix a trial date.
Yours truly,
[name]
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