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It is common for a person seeking the services of a lawyer (attorney) to pay a retainer ("retainer fee") to the lawyer, to see a case through to its conclusion. [2] A retainer can be a single advance payment or a recurring (e.g. monthly) payment. Absent an agreement to the contrary, a retainer fee is refundable if the work is not performed. [3]
However, the attorney must refund any portion of the retainer or other fees paid that exceeds what the attorney has earned during the representation. The attorney must notify the client of the withdrawal prior to ceasing his work on the case, must make a reasonable effort to assist the client in obtaining new counsel, and must cooperate with ...
An engagement letter defines the legal relationship (or engagement) between a professional firm (e.g., law, investment banking, consulting, advisory or accountancy firm) and its client(s). This letter states the terms and conditions of the engagement, principally addressing the scope of the engagement and the terms of compensation for the firm.
If the client recovers damages from settlement or a favorable verdict, the attorney receives the fee from the recovery. The attorney's permitted fee varies depending on the country, and even local jurisdictions. For example, in the U.S. a contingency fee is based on the contractual agreement between the attorney and the party.
A demand letter, letter of demand, [1] (of payment), or letter before claim, [2] is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged breach of contract, or for a legal wrong. Although demand letters are not legally required they ...
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An agreement is entered into by the two parties and a third party known as a surety provider, who acts as a guarantor between the two parties. The agreement states that cash retentions will not be used and, instead, the surety provider agrees to pay up to the amount which would have been held as a cash retention if the contractor or ...
A reservation of rights, in American legal practice, is a statement that an individual, company, or other organization is intentionally retaining full legal rights to warn others of those rights. The notice avoids later claims that one waived legal rights that were held under a contract, copyright law, or any other applicable law.
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