Paralegal Retainer Agreements
Paralegal agents are trained in various legal issues, the laws and court processes. Paralegals are not attorneys and cannot participate in all aspects of the law. A paralegal may be found in an attorney's office conducting research, completing paperwork, writing reports, or may operated as an independent.
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History
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In 1968, the American Bar Association recognized paralegals as legitimate legal assistants. Since then legal agencies and individuals alike have used the services of paralegals. The paralegal retainer agreement has been created to clearly define the differences between lawyers and paralegals. The duties, obligations and grievance procedures of a paralegal are also included in the retainer agreement. Paralegals can perform services pertaining to estate planning, revocable trusts, living trusts, declarations of intent, durable powers of attorney and many other types of legal services.
Purpose
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The paralegal retainer agreement as any other contract is provided as a guide to services, responsibilities and duties between the paralegal and the client. The agreement protects both the paralegal and the client from misunderstanding. In the event of a dispute, the paralegal retainer agreement may be used to demonstrated proof of contract and outline the duties expected.
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Content
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The paralegal retainer agreement can be several pages long. It will depend upon the type of services offered by the paralegal. The primary components of the paralegal retainer agreement include an outline of the duties to be performed by the paralegal and a work schedule, including days off, holidays and hours available to the client. A description of fees is included, contingencies for emergencies, when payment is due and a payment arrangement, if needed. Nondisclosure and confidentiality is included in the paralegal retainer agreement.
Costs
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The fees should be a part of the paralegal retainer agreement unless the client has hired an attorney and then the costs will be charged accordingly. The paralegal agencies and individuals have a cost schedule. The explanation of what the fees cover are included in the paralegal retainer agreement and should include the form of time keeping by the paralegal. The cost section will also explain the payment expectations of the client--for instance, when payment is due.
Considerations
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The paralegal retainer agreement covers all aspects of hiring a paralegal. Clients should read the entire form, ask questions and make notations if needed; they should not sign the retainer agreement if they have any doubts about its contents. Clients have the right to full disclosure of services and procedures. Hiring a paralegal can be less expensive than hiring an attorney, but paralegals have limitations under the law as to the services provided.
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References
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