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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
D. LEGAL FEES
Client agrees to pay the attorney a minimum and non-refundable amount of Fifteen
Thousand Pesos (P15,000) monthly as retainers 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 Clients 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 attorneys 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 Attorneys 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 Attorneys
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 Clients funds and may withdraw the
amount necessary to pay for the Attorneys lawful fees and disbursements. The Attorney
shall also have a lien to the same extent on all judgments and executions secured for the
Client.
G. DUTIES OF THE CLIENT
In addition to compliance to the payment requirements, the Client is expected to give
personal information to the Attorney as well as to update the Attorney of his or her
current mailing address and persons to contact in case of emergency. The Client must
cooperate with the Attorney and disclose all pertinent information concerning the case.
The Client must open all the mails received from the Attorneys office, promptly respond
to the request and return phone calls. The Client shall produce any or all documents that
might be relevant to the case that are specifically requested by the Attorney.
It is also the Clients duty to notify the Attorney regarding errors in the billing otherwise
no correction shall be made.
b. Withdrawal of Attorney
The Attorney also has the right to withdraw services and ask the Client to sign a
Substitution of Attorney form.
In the following cases, the Attorney may withdraw services:
(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;
(f) When the lawyer is elected or appointed to public office; and
L. DISPOSITION OF DISPUTES
a. Arbitration
Any disagreement or controversy out of or relating to this Agreement can be submitted
for resolution to arbitration before arbitrators. The decision of the said proceeding shall
be made in writing and shall be final and binding between the Attorney and Client.
The disagreement or controversy may include but not limited to dispute concerning the
Attorneys fees and expenses. In such case, Both Attorney and Client agree to resolve all
fee disputes by arbitration.
b. Other Methods of Alternative Dispute Resolution
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
Any modification or change in this Agreement will be effective only if it is made in
writing and signed by both the Client and Attorney.
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.
_______________________
________
Maricar G. Gimenez
(Date)
______________________
Atty. Kirstie Dawn F. Barrion
_______
(Date)
IN WITNESS WHEREOF, Attorney, Client and Guarantor, if any, have executed this
Agreement at Quezon City, Philippines, on the 1st day of April 2011.
_______________________
_______________________
Atty. Kirstie Dawn F. Barrion (Attorney)
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