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RETAINER CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT made and executed by and between:
__Client__, a domestic corporation duly organized and existing under and by
virtue of the laws of the Republic of the Philippines, with principal office at
_____________, Philippines and represented in this act by its __Position__,
__Name of Officer__, (hereinafter referred to as the "CLIENT");
- and __Law Firm__, a law firm organized under and by virtue of the
laws of the Republic of the Philippines as a general professional partnership,
with principal office at _____________, Philippines, and represented in this
act by its Managing Partner, __Name of Managing Partner__, (hereinafter
referred to as the "LAW FIRM"
WITNESSETH: That WHEREAS, the LAW FIRM has offered its professional legal services to the
CLIENT and CLIENT agrees to retain the professional legal services of the
LAW FIRM under a retainership basis, subject to the terms and conditions
hereinafter stipulated:
NOW THEREFORE, for and in consideration of the mutual
covenants and agreements herein agreed upon, the CLIENT and the LAW
FIRM, by these presents, have entered, as they hereby enter, into a
contract of services whereby the LAW FIRM shall render legal services to the
CLIENT, under the following terms and conditions:
1. The term or duration of this contract shall be for one (1) year effective
upon signing of this agreement and shall automatically renewed on a year to
year basis unless either party pre-terminates the same upon serving a thirty
(30) day-prior written notice to the other party, without need of cause;
2. The LAW FIRM, while in the performance of its duties, shall be entitled to
a fixed monthly retainer fee of PESOS: __________________________
(P_________);
3. The LAW FIRM shall make itself available for ready consultation by the
CLIENT or its duly authorized officers in all matters or business requiring
legal advice and opinion affecting the said corporation in general. Written
opinions rendered by the LAW FIRM on matters affecting the
business and operations of the corporation shall be subject to confirmations;
4. The LAW FIRM shall render documentation and notarial services to the
CLIENT as part of this retainership. Client documents shall be notarized
free of charge while documents requiring the participation and signature of a
party other than the Client shall be subject to fees or charge at the following
rates:
(Notarial Rates)
may arise between those of the CLIENT and the LAW FIRM and/or its
CLIENTS;
14. The LAW FIRM shall not, either during the term of this contract or any
time thereafter, use or disclose to any person, office, corporation or entity
any confidential information concerning the affairs of the CLIENT which he
nay have acquired in the course of or as incident to this contract for its own
benefit, or to the detriment or probable detriment of the CLIENT;
15. It is understood and agreed that nothing in this contract shall be
construed as establishing the relationship of employer-employee between
the CLIENT and the LAW FIRM, including its personnel;
16. Any violation of the terms and conditions of this contract by the LAW
FIRM shall give the CLIENT the option to rescind or cancel immediately the
contract without necessity of judicial proceedings;
17. The CLIENT reserves the right to terminate this Agreement without
need of cause or reason upon thirty-day written notice to the LAW FIRM.
IN WITNESS WHEREOF, the parties have signed this instrument this
_____________ at _____________, Philippines.
CLIENT LAW FIRM
By: _____________By: Managing Partner
SIGNED IN THE PRESENCE OF
_________________ _________________
LEGAL FEES. Client agrees to pay ________ Dollars ($ ____ ) to Law Firm as a
retainer fee. Law Firm and Client agree that no attorney-client relationship shall
exist until Law Firm has been paid the retainer fee. Services outside the scope of
the duties of Law firm shall be charged at an hourly rate of _______ .
COSTS AND EXPENSES. In addition to paying legal fees, Client shall reimburse
Law Firm for all costs and expenses incurred by Law Firm, including, but not
limited to, process servers fees, fees fixed by law or assessed by courts or other
agencies, court reporters fees, long distance telephone calls, messenger and
other delivery fees, postage, in-office photocopying at $____ per page, parking,
mileage at $____ per mile, investigation expenses, consultants fees, expert
witness fees and other similar items. Client authorizes Law Firm to incur all
reasonable costs and to hire any investigators, consultants or expert witnesses
reasonably necessary in Law Firms judgment, unless one or both of the clauses
below are initialed by Client and Law Firm.
STATEMENTS. Law Firm shall send Client periodic statements for fees and
costs incurred. Client shall pay Law Firms statements within 30 days after each
statements date. Client understands that interest at the rate of____ percent
(___%) per annum will be charged on all fees, cost or expenses not paid in full
within thirty (30) days. Upon Clients request Law Firm will provide a statement
within 10 days.
DISCHARGE AND WITHDRAWAL. Client may discharge Law Firm at any time.
Law Firm may withdraw with Clients consent or for good cause. Good cause
includes Clients breach of this Contract, Clients refusal to cooperate with Law
Firm or to follow Law Firms advice on a material matter or any other fact or
circumstance that would render Law Firms continuing representation unlawful or
unethical.
CONCLUSION OF SERVICES. When Law Firms services conclude, all unpaid
charges shall become immediately due and payable. After Law Firms services
conclude, Law Firm will, upon Clients request, deliver Clients file to Client, along
with any Client funds or property in Law Firms possession. This Retainer
agreement shall expire on the________ day of _________ , 20__unless
renewed.
DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Law
Firms statements to Client will be construed as a promise or guarantee about the
outcome of Clients matter. Law Firm makes no such promises or guarantees.
Law Firms comments about the outcome of Clients matter are expressions of
opinion only.
Date:_______________________
_______________________
_______________________
CLIENT