Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Retainer

What Is a Legal Services Retainer Agreement?

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When you hire an attorney, you need to clearly understand what services you will be contracting for, and what your responsibilities will be in the relationship. A legal services retainer agreement does just that, it defines the roles and responsibilities of each party.  

Legal Services Retainer Agmt

More specifically, a legal services retainer agreement is an agreement between an attorney and a client in which the attorney agrees to represent the client in a specific matter, for a specific hourly or flat rate amount. A legal services retainer agreement outlines the formal legal framework to which clients and attorneys are bound, and often involves principles, professional rules, and obligations.

At Schmitt Law, PLLC, our legal services retainer agreement defines the following:

  •  Identification of the parties.
  • The specific legal service to be provided.
  • What legal services may be excluded?
  • The client’s rights and responsibilities.
  • The attorney’s duties.
  • That the attorney cannot be asked to engage in illegal, unethical, or fraudulent conduct.
  • The hourly rate the attorney will be compensated for services rendered.
  • The initial deposit amount required from the client (referred to as “retainer”).
  • The billing cycle and when payment of fees due from the client.
  • The minimum billable time.
  • What tasks that the attorney performs that will be charged to the client?
  • What costs the client will be responsible to pay?
  • If travel time will be charged to the client.
  • That the attorney does not make representations to the client about the specific outcome of their case.
  • How long will the attorney retain my file after the case is closed?
  • What happens if the client wants a copy of their file after the case is closed?
  • What is required if the client or attorney wants to terminate representation?

The benefits of having a clear and concise legal services retainer agreement are that it provides security and confidence to both parties. Having a detailed legal services retainer agreement takes the guesswork out of the parties’ expectations and obligations and protects the parties financially and legally.   

CONTACT AN EXPERIENCED DIVORCE ATTORNEY IN GRAND RAPIDS, MI

If you would like to learn more about divorce actions, contact Schmitt Law, PLLC. We will meet with you to discuss your divorce and its potential impact on your family, finances, and future. Please reach out to our office for knowledgeable advice regarding your concerns about divorce, custody, parenting time, child support, and spousal support. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.  

How To Waste Your Money After Retaining a Divorce Attorney

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I doubt many would say that getting a divorce is easy.  But…

You took the time to consult with attorneys. You carefully selected and retained a skilled, qualified divorce attorney to guide you through the tough journey. Now, the question is “do I listen to this professional, or do I waste my money”?  It really is the choice of the client to make appropriate use of their divorce attorney. Failure to do so will only result in the financial benefit of the divorce attorney.

The following are the most common ways for a client to waste their money with their divorce attorney:

Waste Money on a divorce
  1. Using your divorce attorney as your counselor – Clients should leave the counseling to professionals licensed to counsel, allowing the divorce attorney to practice law. Every call, email, and text to and from your attorney becomes billable to you. Divorce attorneys understand the emotional struggles of clients and are willing to provide some emotional support. However, divorce attorneys are not trained nor licensed to be therapists. Clients should be encouraged to seek support through divorce groups, and/or counselors qualified to assist people who are going through a divorce.
  2. Failing to be honest with your divorce attorney – You hired a divorce attorney to guide your through the divorce process, and to fight for your rights. But yet, you fail to be truthful with your divorce attorney. Even an omission can be a devesting set back in a divorce case. Failure to tell your divorce attorney about an event that may not put you in the best light can harm the final outcome of your case. Your divorce attorney needs to know the facts, whether the facts are good or bad for you. It’s better that your divorce attorney understands the facts sooner than later. The alternative is that your divorce attorney is blindsided in court with facts that should have been shared with them well before court.
  3. The “blame game” – Clients spend too much time communicating with their divorce attorney in an effort to make their spouse “look bad”. Divorce attorneys understand that you and your spouse are seeking a divorce for a reason, and that you no longer may get along. It is a very rare occasion that only one person can be blamed for the complete breakdown of the marriage.
  4. Engaging in the Tupperware wars – Clients refuse to do simple math. Clients should ask themselves “Is what I am fighting for worth the cost of attorney’s fees?”. Make smart decisions about what truly is worth fighting for and focus your efforts on those issues that are worth the financial investment.
  5. Fighting the divorce – You have been served with divorce papers and took action to hire an attorney. Yet, your energy is spent on finding ways to get your spouse back. You refuse to be cooperative with your attorney. The one thing a divorce attorney can’t do is make your spouse change their mind about the divorce. Your focus is best placed assisting your attorney to obtain the best outcome you can – to assist in protecting your future.