Professional Documents
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Retainer Agreement
Retainer Agreement
1-C
RETAINER AGREEMENT
Please read the entire contract before signing it. You may ask another Attorney to review
the contract and advise you on its possible consequences. The undersigned Client
acknowledges that she was given an opportunity to seek such advice to another Attorney.
A. PURPOSE
The purpose of this agreement is for Atty. Kirstie Dawn F. Barrion to provide Client with
legal services in connection with the case of People of the Philippines vs. Pedro
Basagulero, Tomas Morato, and Robin Padilla, a robbery with rape case filed by the
Client.
The Client agrees that the Attorney will represent Client in the case of People of the
Philippines vs. Pedro Basagulero, Tomas Morato, and Robin Padilla and the Attorney
agrees to perform the said service. The legal services include but not limited to the
preparation of pleadings, preparation of court papers and other necessary documents,
representation in court, correspondence, and phone conferences.
B. PROFESSIONAL RELATIONSHIP
By virtue of the purposes for which the attorney is employed, an attorney-client
relationship is hereby established between Client and the Attorney.
C. DURATION OF AGREEMENT
The duration of this retainer agreement starts from April 1, 2011 until the case reaches its
finality. Once the work is completed, should Client require further legal service, Client
needs to enter into a new retainer agreement with the firm.
D. LEGAL FEES
Client agrees to pay the attorney a minimum and non-refundable amount of Fifteen
Thousand Pesos (P15,000) monthly as retainer’s fee. Payment by the Client will
guarantee that the Attorney will use professional diligence in handling the case. All legal
work will be charged against the retainer.
Client will be billed at an hourly rate of Two Hundred Pesos (P200.00) when the attorney
works on a Client file, including but not limited to time spent writing and reviewing
pleadings, file review, legal research, or other information gathering procedure,
preparation of court documents, telephone, or conference time with the client and other
persons involved in the case, deposition, travel time from the office and return, court
appearances and any other time spend and/or work performed related to the Client’s case.
When the legal service is rendered after the office hours, on weekends, holidays, or on a
rush basis, Client will be charged at an hourly rate of Five Hundred Pesos (P500.00).
Client also agrees to pay additional fees for the attorney’s assistants and paralegals.
Client will be billed at an hourly rate of One Hundred Pesos (P100.00)
Client understands that fees may be adjusted upward depending on successful completion
of an engagement, the complexity of the matter involved, or the level of commitment
required.
In general, Client will pay all “costs” in connection with Attorney’s representation of
Client under this Agreement.
In the event of dismissal of Attorney by the Client, the Attorney is entitled to be paid for
the services he has already provided for the school on the basis of quantum meruit.
E. BILLINGS
Client will be billed monthly for legal services. The bill will reflect the services rendered
and the disbursements for the services provided such as postage, telephone,
photocopying, delivery, filing fees and all costs in connection with the Attorney’s
representation. It will also show the time spent and the hourly billing rate.
The bill is payable within Thirty (30) days upon receipt. If it is not paid within the said
period, the unpaid balanced will be charged with a late payment fee at the rate of 5% per
month. If Client deliberately refuses to pay the bill within Thirty (30) days or fails to
make arrangements to pay the bill, the Attorney will file a motion to withdraw at the
earliest possible time and seek to collect the fees owed plus the late charges.
The Client may ask for the bill at anytime. If there are errors in the billing, the Client
must send a complaint to the Attorney within Thirty (30) days for correction otherwise no
correction shall be made and the bill will be considered as totally acceptable by the Client
and Client shall pay the full amount without complaint.
F. LIEN
Client agrees that the Attorney shall have a lien over Client’s funds and may withdraw
the amount necessary to pay for the Attorney’s lawful fees and disbursements. The
Attorney shall also have a lien to the same extent on all judgments and executions
secured for the Client.
It is also the Client’s duty to notify the Attorney regarding errors in the billing otherwise
no correction shall be made.
Attorney may suggest using experts such as accountants, private investigators or other
experts to examine persons, documents or facts involved in this action. All such experts
shall report exclusively to Attorney. Fees charged by such expert witnesses and
investigators may be billed directly to Client or through Attorney’s office and like all
other services and costs, they are Client’s sole responsibility to pay.
The Attorney, with the consent of the Client, may also obtain an Associate or Assistant
Counsel who is competent with the matter being handled. It is also the responsibility of
the Client to pay them.
The Attorney makes no warranties concerning successful outcome of any legal action that
may be filed. All the statements of the Attorney are mere opinions and are not a warranty
of success. The Client has been told, recognizes and understands that the Attorney has
made no guarantee promising the success of this case.
a. Substitution
The Client has the right to remove the Attorney from the case by requesting him or her to
sign a legal document stating that the Attorney will be replaced by a new one.
b. Withdrawal of Attorney
The Attorney also has the right to withdraw services and ask the Client to sign a
Substitution of Attorney form.
(a) When the client pursues an illegal or immoral course of conduct in connection with
the matter he is handling;
(b) When the client insists that the lawyer pursues conduct violative of these canons and
rules;
(c) When his inability to work with co-counsel will not promote the best interest of the
client;
(d) When the mental or physical condition of the lawyer renders it difficult for him to
carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services or fails to comply
with the retainer agreement;
In case the Client refuses to sign the substitution of attorney form within Ten (10) days,
the Attorney has the right to file a motion to withdraw as counsel provided that the
Attorney gave the Client enough notice to hire a new Attorney and has delivered to the
Client all the papers, funds and properties belonging to the her.
The Client gives the Attorney Client’s power of attorney to execute all documents
connected with the case of which Attorney is retained.
L. DISPOSITION OF DISPUTES
a. Arbitration
The disagreement or controversy may include but not limited to dispute concerning the
Attorney’s fees and expenses. In such case, Both Attorney and Client agree to resolve all
fee disputes by arbitration.
Non-court dispute resolution methods are not limited to arbitration. The Attorney and
Client may utilize other methods depending on the circumstances such as but not limited
to adjudication, expert determination, early neutral evaluation and med/arb,
M. DATE OF AGREEMENT
This Agreement and the terms shall be deemed to be effective as of April 1, 2011.
N. MISCELLANEOUS
Failure of the Attorney to enforce any breach of this Agreement does not constitute a
waiver and enforcement can be done at a later time.
Client swears or affirms that she has read, understands and agrees to the contract and has
been given a copy of it.
_______________________
_______________________
On this day, April 1, 2011, there personally appeared before me, a Notary Public, Ms.
Maricar G. Gimenez and Atty. Kirstie Dawn F. Barrion, personally known or proved to
me to be the persons whose names are subscribed to the above instrument, acknowledged
to me that they executed the said instrument.
____________________________
Notary Public