When you need to hire an attorney get a written, signed Representation Agreement (“Agreement”) that establishes the scope of the attorney-client relationship. At a minimum, the Agreement needs to contain the following:
- Matter of Representation
The type of matter the lawyer will represent you on (examples: auto accident personal injury, drafting a will, probating a will, real estate title dispute, insurance claim, criminal charge). - Scope of Employment
A brief summary of what the attorney will do, and what is not included. (example: obtain a judgment on a debt, but appealing an adverse judgment or post-trial collection is not included.) - Attorney Fees
For an hourly fee contract, the hourly fees for the attorney’s time, paralegal’s, and law clerk’s time. For a fixed price contract (example, drafting a will, real estate document, no-fault divorce), the fee and what work will be done for that fee. For a contingency fee contract, the percentage of the recovery that the attorney will get. An attorney may charge different percentages at different stages of the litigation. (example: 33% if the case is settled before the suit is filed, and 40% after the suit is filed). - Costs
In addition to charges for legal work, you will be responsible for the costs of litigation, (example: filing fees, obtaining records, deposition fees, mediation fees, travel expenses, and expert witness fees). For contingency contracts, in addition to the percentage attorney fee charges, you will also be responsible for reimbursing costs. Depending on the case, costs can easily run into thousands of dollars. - Deposits
In an hourly fee contract, it is not uncommon for an attorney to require an up-front deposit to be applied to attorney fees and costs. If this is the case, always make sure the Agreement states the deposit is to go into the attorney’s trust account with the monthly billing statements billed to this account. If this deposit is used up, the Agreement may require additional deposits into the trust account. Make sure you know what these amounts will be. - Responsibilities of Client in Assisting the Litigation
This section sets forth what is expected of the client to assist in pursuing the case. - When a Client Can Terminate the Agreement
Generally, a client has the right to terminate the attorney-client relationship at any time; however, the client will still be responsible for any outstanding attorney fees and costs. - When An Attorney Can Withdraw From Representation
Commonly this clause allows the attorney to withdraw if the client does not timely pay attorney fees, and costs, or fails to make additional requested deposits. When representing more than one client and a disagreement arises among clients that cannot be resolved, the attorney must withdraw from one or more parties. This may arise when an attorney is drafting a will for a husband and wife or representing more than one family member in a probate dispute. - Client’s Access to File and Attorney’s File Retention Policy
A client always has the right to see the case file materials. There may be copying costs involved. - Changes to the Agreement
Statement that any changes to the Agreement must be in writing, signed by both the client and attorney.
11. When the Agreement Will Take Effect
Generally, the Agreement takes effect only AFTER the client signs, the attorney acknowledges receipt, and any deposits are paid.
I CAN NOT EMPHASISE ENOUGH, READ THE AGREEMENT BEFORE YOU SIGN, ASK QUESTIONS, ASK FOR AN EXPLANATION, AND DO NOT BE IN A RUSH TO SIGN.
In the event you need to speak with an attorney, please consider contacting the Law Office of Elliott Klein, PLLC. There is no charge for the initial telephone contact.