RETAINER AGREEMENTS
By Kurt O'Keefe, Attorney at Law on May 17, 2007 in General Bankruptcy Information
In my not so humble opinion, anyone hiring an attorney should have a written retainer agreement, spelling out the obligations of each side, signed by the attorney, including a receipt for any fees or costs paid by the client.
I continue to see clients who have hired attorneys, paid them money, to do, well, they are not sure exactly what, or, how much it will cost them, or how that fee is calculated.
My retainer agreements are on my website, so people can see in advance what the deal will be. I also include lots of basic bankruptcy information, in the hope that my client will retain the agreement for future reference.
I always file my bankruptcy retainer agreements with the Court. Disclose, disclose, disclose.
My agreements require my client to respond to letters and emails, return phone calls and appear for court dates and office appointments. The agreements begin with a commitment to mutual courtesy and respect.
In these uncivil days, it cannot hurt.
Being a solo practitioner, I have language that I may need to have another qualified attorney cover a hearing, to which arrangement the client agrees.
My agreements also authorize me to agree to adjournments requested by opposing counsel, as a matter of professional courtesy, at my sole discretion. I am not placing my reputation in the hands of a client with an ax to grind.
Over the years, as clients would say, “But you never told me that!” I have added provisions.
Such as, over 25 years ago, a client expressed surprise that her credit cards were cancelled after she filed. She was irate, convinced that she could have kept the cards but for having filed. That she could not make the payments did not strike her as an issue.
Some things like this seem obvious to me, but I have learned over the years, may not even occur to someone filing.
With language about how bankruptcy affects income tax and student loan liability, the agreements are now five pages long.
So, if you are checking out attorneys, get a copy of their retainer agreement before hiring one, and, ask questions first.
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