WALLRICH LAW GROUP, P.A.
Attorney James Wallrich | Bloomington, MN | 612-385-1552 | james.wallrich@wallrichlawgroup.com
Sample Retainer and Fee Agreement — for reference only
This is a sample of the Firm's standard engagement terms, provided so prospective clients know what to expect. It is not an offer of representation and is not binding on either party. The agreement that governs any engagement is the one signed by both the client and the Firm.
Bankruptcy engagements require additional federally mandated terms and disclosures, which the Firm will provide separately. This form is not used for bankruptcy matters.
This Retainer and Fee Agreement (“Agreement”) is entered into between Wallrich Law Group, P.A. (“Attorney” or “the Firm”), and the client identified below (“Client”), effective as of the date of the last signature below.
Client Name(s): ____________________________________________
Client Address: ____________________________________________
Client Phone / Email: ____________________________________________
Date: ____________________________________________
1. Scope of Representation
Client retains the Firm to represent Client in connection with the following matter (the “Matter”):
[Describe the specific matter, case, or transaction — e.g., “representation in a Chapter 7 bankruptcy filing” or “preparation of a last will and testament and related estate planning documents.”]
This Agreement covers only the Matter described above. It does not create an obligation for the Firm to represent Client in any other or future matter, including an appeal, unless the parties enter into a separate written agreement. If Client wishes the Firm to handle additional matters, a new or amended agreement will be required.
2. Attorney's Responsibilities
The Firm will provide competent and diligent legal services in connection with the Matter, keep Client reasonably informed of significant developments, respond to reasonable requests for information, and exercise independent professional judgment on Client's behalf, consistent with the Minnesota Rules of Professional Conduct.
3. Client's Responsibilities
Client agrees to:
Provide complete, accurate, and timely information necessary to the representation;
Cooperate with the Firm and respond promptly to requests for documents, decisions, or instructions;
Notify the Firm promptly of any change in contact information;
Pay all fees and costs owed under this Agreement in a timely manner; and
Make all final decisions regarding the objectives of the representation and any settlement or resolution, after consultation with the Firm.
4. Fees
The parties agree that Client will be charged for legal services according to one of the following fee structures:
Hourly Fee. Client will be billed at the rate of $325.00 per hour for the Firm's time, billed in increments of one-tenth (0.1) of an hour. Travel time is billed at 50% of the hourly rate ($162.50 per hour). The initial consultation is provided at no charge for up to 25 minutes. Rates may differ for other attorneys, paralegals, or law clerks who may work on the Matter and will be disclosed upon request.
Flat Fee. Client will pay a flat fee of $_______ for the scope of representation described in Section 1. This flat fee covers only the services specifically described above; work outside that scope will be billed separately, as agreed in writing. Where a flat fee is used, the Firm will complete, and the Client will sign before any payment is made, a separate Flat Fee Schedule setting out all five notifications required by Minn. R. Prof. Conduct 1.5(b)(1): (i) the nature and scope of the services to be provided; (ii) the total amount of the fee and the terms of payment; (iii) that the fee will not be held in a client trust account until it is earned; (iv) that the Client may terminate the client-lawyer relationship at any time; and (v) that the Client is entitled to a refund of all or part of the fee if the agreed-upon services are not provided.
Contingent Fee. The Firm will receive a fee of _______% of the gross recovery obtained by settlement, judgment, or otherwise, before deduction of costs and expenses, payable only if a recovery is obtained. A separate contingent fee agreement meeting the requirements of Minn. R. Prof. Conduct 1.5(c) will be executed alongside this Agreement.
Contingent fees are not available in domestic relations matters where the fee would be contingent on securing a divorce or on the amount of alimony, support, or property settlement, or for the defense of a criminal matter (Minn. R. Prof. Conduct 1.5(d)).
5. Advance Fee Deposit (Retainer)
Client agrees to pay an advance fee deposit (“Retainer”) of $_______ prior to the commencement of work on the Matter. Where the Matter requires the Firm to hold Client funds in advance of services being rendered, the Firm will establish and maintain a pooled interest-bearing client trust account (IOLTA) for that purpose, in accordance with Minn. R. Prof. Conduct 1.15 and Appendix 1 to the Minnesota Rules of Professional Conduct. No Retainer or other advance deposit will be accepted until that account has been established. The Retainer is not earned until services are actually rendered. As fees and costs are incurred, the Firm will withdraw earned amounts from the trust account and provide Client with an itemized statement. If, at any time, the balance of the Retainer is depleted, Client agrees to replenish it upon request as a condition of the Firm's continued work on the Matter. Any unearned and unused portion of the Retainer remaining at the conclusion of the representation will be refunded to Client.
6. Costs and Expenses
In addition to fees for legal services, Client is responsible for costs and expenses reasonably incurred in connection with the Matter, which may include filing fees, service of process fees, court reporter and transcript costs, expert witness fees, record and copying costs, and postage. The Firm will obtain Client's approval before incurring any single cost expected to exceed $_______, except in circumstances requiring immediate action.
7. Billing Statements
The Firm will provide Client with periodic statements itemizing services rendered, time spent, and costs incurred. Statements are due upon receipt unless otherwise agreed in writing. Client may request an explanation of any charge, and the Firm will respond promptly. Unpaid balances may be subject to withdrawal from representation as described in Section 9.
8. No Guarantee of Outcome
Client understands and acknowledges that the Firm has made no promise, warranty, or guarantee regarding the outcome of the Matter. Legal representation involves inherent uncertainty, and any comments about the possible outcome of the Matter are expressions of opinion only.
9. Termination of Representation
Client may terminate the Firm's representation at any time, with or without cause, upon written notice. The Firm may withdraw from representation as permitted under Minn. R. Prof. Conduct 1.16, including for nonpayment of fees, Client's failure to cooperate, or other good cause, subject to any required court approval and reasonable notice to Client. Upon termination, Client remains responsible for fees earned and costs incurred through the effective date of termination, and any unearned Retainer balance will be refunded.
10. Client File and Records
At the conclusion of the representation the Firm will return to Client all original documents and property belonging to Client, including original wills, deeds, titles and executed instruments. Client should retain these; the Firm does not store original instruments long term.
On request, the Firm will provide Client with Client's file, in electronic form where practicable, at the conclusion of the matter or at any time during it.
The Firm retains closed files in accordance with its written File Retention Policy and may then destroy them securely. The standard period is six years from the close of the matter. Bankruptcy and creditor-debtor files are retained ten years; estate planning and probate files are retained permanently unless Client directs otherwise; files for a matter involving a minor are retained six years after the minor reaches 18; and family law files are retained for six years from the close of the matter or six years after the youngest child reaches 18, whichever is later. Where more than one period could apply, the longer governs. Trust account and financial records are retained for the period required by Minn. R. Prof. Conduct 1.15(h), which is not less than six years.
Client agrees that, following the conclusion of the representation, the Firm may charge the reasonable cost of duplicating or retrieving Client's file. The Firm will not condition the return of Client's file on payment of that cost or of any outstanding fee.
11. Artificial Intelligence Tools
The law has not settled whether your conversations with public AI tools (ChatGPT, Claude, Gemini, Copilot and others) about this matter are protected from disclosure. The safe assumption is that they are not: The other side may be able to obtain them. If you enter information you learned from us into one of these tools, you may give up the privilege in that information. If you are in a lawsuit and the other side has marked material confidential, never put that material into any AI tool without our written approval first. If you have already used an AI tool on this matter, tell us now, and do not delete the conversations until we have talked about them.
12. Signatures
By signing below, the parties acknowledge that they have read and agree to this Agreement.
Client Signature: ____________________________________ Date: ______________
Attorney Signature: __________________________________ Date: ______________