Sample for Illustration – Flat Fee Retainer Agreement
Client: Annie Author
Services: David P. Vandagriff, attorney at law, agrees to perform the following legal services for Annie Author:
David will analyze Annie’s publishing contract with XYZ Publishing and provide Annie with a written answer to the question: “Does XYZ Publishing have the right to publish ebook versions of Annie’s printed books?” David’s answer will include his analysis of relevant portions of Annie’s contract that relate to his conclusions. For 30 days following delivery of his answer, David will be available to discuss and answer questions about his answer. After that 30 day period, David’s work under this agreement will be complete.
David cannot and does not guarantee specific results from his Services.
Fee: The Fee is due at the time Annie signs this agreement and is payable regardless of the results of David’s Services. The fee is $250 and will not be held in a trust account.
Refund: David will not begin Services until three days after receiving the Fee. During that three day period, Annie may terminate representation and David will promptly refund the entire Fee.
After David begins to perform Services, but before he provides Annie with any written portions of the Services, Annie may terminate representation and David will make a good faith estimate of the percentage of Services he has completed and send Annie a pro rata refund of the Fee.
Costs: David anticipates no out-of-pocket costs in providing the Services.
Termination: Annie may terminate David’s representation at any time and David will promptly send Annie any Refund due.
David may terminate representation if Annie makes his representation unreasonably difficult by failing to cooperate, failing to respond to communications or for other good cause. If David terminates representation, he will promptly send Annie any Refund due.
Records, Documents and Communications: Electronic copies of documents will be provided by Annie and David to each other via email unless doing so is impractical. Written portions of David’s Services will be delivered via email. Scanned, faxed or photocopied copies of this Retainer Agreement will be treated as originals. David will not maintain paper copies of most documents relating to Services performed.
David P. Vandagriff