Creating a Fee Agreement With Your Lawyer
by
Lisa Guerin, J.D. &
Attorney Joseph L. Matthews
Find out why you need a written agreement with your lawyer -- and what information should be in it.
You should always enter into a written fee agreement with your lawyer. Often called retainer agreements or representation agreements, these contracts set out the terms of the lawyer-client relationship.
Some lawyers use formal contracts running many pages in length; others use a simple letter outlining the agreement. The form of the agreement isn't really important -- what matters is that the agreement clearly explains certain key issues, such as how the lawyer's fees will be paid, who will pay for costs of the lawsuit, and who will work on the case (lawyers or paralegals).
Why You Need a Written Agreement
Most disputes between lawyers and clients are over money -- specifically, over how much money the client owes the lawyer. To avoid these problems, some states require written fee agreements. But even if yours doesn't, you'll want a written record of what you agreed to pay the lawyer, in case you later have a dispute over legal bills. That way, you can simply consult the contract rather than arguing over who agreed to what.
There are also nonmonetary reasons to put your agreement in writing. First, there may be other important issues that you want recorded, such as who will argue your case if it goes to trial or the circumstances in which either you or the lawyer can end the relationship.
Second, the agreement can clarify the relationship you expect to have with your lawyer. For example, some agreements state that the lawyer will communicate regularly with the client about lawsuit developments or that the client will respond promptly to requests from the lawyer.
 | What's the best way to fire my lawyer? |  |
Finally, putting things in writing will force you and your lawyer to be very clear about your agreement. It's all too common for each party to have a slightly different understanding of what is being agreed to. Getting your agreement down on paper will insure that you and your lawyer are both on the same page.
|
