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Attorney Retainer Agreement Prosecution Of Action
AGREEMENT made [date] between [name], residing at [address] (Client), and [name of law firm], with offices at [address] (Attorney).
1. Retainer. Client retains Attorney to represent, appear, and act for him in the prosecution of his claim against [name] arising out of the following: [nature of action].
2. Nature of Services. The services to be rendered by Attorney under this Agreement include:
a. Investigation. Investigation of Client's claim;
b. Pleadings. Preparation, service, and filing of all pleadings;
c. Pretrial Discovery. Conduct of all necessary pretrial procedures, including interrogations of and depositions from the parties and others;
d. Motions and Pretrial Conferences. Preparation of all necessary pretrial motions, defense of pretrial motions brought by adversary parties, and participation in all pretrial conferences;
e. Trial. Conduct of the trial;
f. Posttrial Motions. Preparation of all necessary posttrial motions and defense of posttrial motions brought by adversary parties; and
g. Judgment. Entry of final judgment or prior compromise or settlement.
3. Services Not Included. The services to be rendered by Attorney under this Agreement shall not include:
a. Appeals. Appeals after trial;
b. Retrials. Participation in any retrials;
c. Enforcement of Judgment. Enforcement of any judgment entered after trial or pursuant to a prior compromise or settlement; and
d. Other Litigation. Services in connection with collateral suits, cross claims, counterclaims, or third-party actions.
4. Attorney's Compensation-Straight Fee. Attorney's compensation shall be ........ dollars ($........), payable ........ dollars ($........) as a retaining fee at the time Client executes this Agreement, and the balance upon the completion of Attorney's services. In the event the claim is settled or compromised before trial, Attorney's compensation shall be reduced to ........ dollars ($........), against which shall be credited the retaining fee.
[Alternative Paragraph A]
4. Attorney's Compensation-Hourly Charge. Attorney's compensation shall be computed at the rate of ........ dollars ($........) per hour, against a retaining fee of ........ dollars ($........) payable at the time Client executes this Agreement. Attorney shall bill Client monthly, and all balances shall be payable when billed.
[Alternative Paragraph B]
4. Attorney's Compensation-Contingent Fee. Attorney's compensation shall be ........ percent (........ %) of any recovery, whether obtained by suit or settlement. In addition, Client will pay Attorney the sum of ........ dollars ($........) as a retaining fee at the time Client executes this Agreement, which shall be credited to Client in computing Attorney's total fees.
5. Costs and Expenses. Client shall reimburse Attorney monthly for any and all reasonable and necessary expenses, including court costs and investigation expenses paid or incurred by Attorney on Client's behalf in connection with the institution and prosecution of Client's claim.
[Alternative Paragraph used with Alternative Paragraph B to Paragraph 4]
5. Costs and Expenses. Client shall reimburse Attorney for all expenses incurred by Attorney in connection with the institution and prosecution of Client's claim. Such reimbursement shall be in addition to the contingency fee described in Paragraph 4.