Retainer agreements are a part of many legal services, including in Pennsylvania divorce cases. Knowing what is and isn’t included in your agreement can help you navigate your divorce process more effectively. By going over what’s included in a standard retainer agreement in a Pennsylvania family law case like this, you’ll be ready to take on your divorce with confidence knowing a reputable divorce lawyer is at the ready to help you out.
What Are Retainer Agreements in Pennsylvania Family Law?
Retainer agreements act as a contract between a client and their attorney. For family law, they are typically used to outline the details of the legal representation to be provided during divorce proceedings.
Retainer agreements in a Pennsylvania family law case fall under the jurisdiction of the Pennsylvania Rules of Professional Conduct 1.5. This rule provides directives on fees and the division of fees among lawyers. It dictates that a lawyer’s fee should be reasonable and that clients should be notified of any fee changes. This ethical rule is relevant to retainer agreements, as it guides the framework by which fees and cost-related matters are structured within the agreement.
In simple terms, a retainer agreement guarantees the legal services you will receive and a clear outline of the payment expectations. This agreement keeps both client and lawyer accountable and serves as a reference point if disputes arise during the legal representation. The rule of professional conduct in Pennsylvania ensures that such an agreement is fair and ethical, providing further assurance as you navigate your divorce proceedings.
What’s Typically Included in a Pennsylvania Divorce Retainer Agreement?
Retainer agreements in a typical Pennsylvania divorce case should clearly delineate key elements of a lawyer’s work with the client, such as the fees to be charged, the billing procedures, and the scope of the services to be provided.
Legal fees are defined as either a fixed charge for the entire legal process or an hourly rate. The billing procedure includes the frequency of the billing, the mode of payment, and the payment timeline. The service scope describes the exact services covered under the agreement.
All these elements should align with the directives of the Pennsylvania Rule of Professional Conduct 1.5, ensuring all charges are reasonable and transparent and fully disclosed to the client any changes in the fees or billing procedure.
What’s Not Included in a Standard Retainer Agreement?
One must understand what falls outside of your retainer agreement. Some retainer agreements only cover the divorce proceedings and do not include additional services beyond the initial scope, such as post-divorce property settlement or custody disputes.
Additional costs, such as court filing fees, process server charges, or expert witness fees, may not be included in your retainer agreement. Be sure to inquire about these potential add-ons and how they will be billed.
Legal Rights and Responsibilities in Retainer Agreements
Both attorneys and clients have rights and responsibilities under retainer agreements. A basic right of a client is the right to confidentiality. Your attorney is obligated to keep all the information shared with them confidential and to not use it against your interests unless you give permission. The attorney should also keep you informed about the progress of your case. You have the right to receive a detailed billing report and the right to end the attorney-client relationship at any time.
Conversely, attorneys have the responsibility to competently represent you and act in your best interest at all times. They should maintain open lines of communication, provide updates, and handle all your resources in a responsible and transparent manner. They also have the right to be paid for their services as agreed upon in the retainer agreement, and they can terminate the relationship if the client fails to fulfill their end of the agreement.
If a client feels the terms are unsatisfactory or they were misrepresented, they can seek judicial intervention.
Addressing Concerns With Your Retainer Agreement
A clear, precise, and comprehensive retainer agreement is a necessary part of working with a lawyer during your divorce. It’s recommended that clients take the time to thoroughly review the agreement, ask questions, and negotiate agreeable terms with their attorney before signing anything.
If there are disputes regarding the retainer agreement terms, you should first address your concerns with your lawyer. If you remain unsatisfied, consider seeking an independent legal counsel to resolve the dispute.
Get Great Legal Representation During Your Pennsylvania Divorce
Divorce is a stressful event for anyone, but a good lawyer can make things quite a bit easier. By understanding what’s covered in your Pennsylvania divorce retainer agreement, you can enjoy a smooth legal process, safeguarding both clients and their attorneys.
For personalized legal guidance on divorce retainer agreements, get in touch with Grace Legal Offices today. Schedule a consultation at (717) 635-8780 or on our website to receive detailed advice tailored to your specific situation.
