[Member] Retainer Service Agreement

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Explanatory Notes: This a an agreement template which is ideal for monthly payments to a service provider over a period of time/tenure i.e. a fixed term of 1 year or more. 

Retainer Agreement  

1. The parties to this Retainer are to inform each other immediately on becoming aware of any conflicts of interest.
2. [Insert details of the person assigned by the service provider (name of lawyer/assigned staffs/etc)] has the day to day conduct of my file. My file is supervised by the managing partner of the Firm, Mr Brothers for quality assurance purposes.
3. The hourly fee for [File Lawyer] for Family law matters is [Amount per hour] and for non family law matters are [Amount per hour]. GST is to be additional.
4. The Firm is authorised to pay its fees, disbursements, and barrister fees from monies held in the Firm’s trust account on my behalf.
5. In the event that I have provided my credit card details, then the Firm is authorised to pay fees from my credit card.
6. I understand that my accounts may be sent to me every calendar month, or as otherwise agreed.
7. I understand that there is a statutory scale of costs applicable to lawyers, and that the Firm may charge above the scale costs. My signing of this Retainer constitutes acceptance of costs in accordance with the attached Statement of Billing Charges.
8. I accept that account keeping takes time and expense. The Firm is authorised to charge me interest of 3% per calendar month on all my accounts not paid by me within 14 days.
9. I can instruct the Firm to stop work at any time on any of my files (subject to this Retainer).
10. The Firm is entitled to cease acting for me in the following circumstances:

• I have not complied with this Retainer or paid my account within 14 days.
• The Firm has not received adequate instructions within a reasonable time from me despite requests for such.
• The relationship of mutual trust and confidence no longer exists.
• Continuing to act for me may breach professional conduct rules.

1. Nothing in the Retainer affects my rights to have accounts reviewed by Supreme Court under Section 59 of the Legal Practitioners’ Act.
2. The Firm may do work for me before the date of the Retainer, in which case the terms of this Retainer covers the work.
3. The Firm may request me to sign another Retainer. Until this occurs, this Retainer covers all of my matters and files.
4. The Retainer is an entire agreement. It is amended only in writing.
5. The Firm is authorized to destroy all my file records after 7 years from the date of closing of the file.
6. As necessary, please share information and documents with my advisers, accountants and other lawyers as named by me.
7. If any part of the Retainer is void or voidable then the remaining parts are enforceable.
8. While the Firm is acting on my behalf I indemnify and hold the Firm harmless from any loss howsoever caused.