Virginia Lawyers Weekly

A well-crafted retainer letter is crucial for attorneys in all practice areas and in all types of firms, from solo to in-house, says Carolyn Elefant. A solo attorney in Washington, D.C., and author of the legal blog “My Shingle” at www.myshingle.com, Elefant says that the retainer letter “is one of the most important tools a lawyer can have to guard against an over-reaching client.”

The retainer letter spells out what you’re going to do for the client and defines the scope of the relationship.

In addition, she says, “A good retainer letter forces you to think about what you’re going to do about the case up front. You, as the lawyer, have some sort of guidelines for carrying the case forward.”

It’s a good idea to have a template retainer letter in your computer that you can quickly modify, according to Elefant, who provides some samples in the “Soloformania” section of her blog. She also includes some in her book, “Solo by choice: How to be the lawyer you always wanted to be.”

A good retainer not only outlines the scope of legal work to be performed, but explains fee and billing policies.

Typically, Elefant sends a retainer agreement within 24 hours of the initial client conversation.

Include some boilerplate information about your firm’s practice, she suggests, such as what a client can expect in a personal injury case and the steps your office will take. She usually adds some specific information to personalize the case.

Also, check with your local bar association for specific language required by your jurisdiction to make your retainer agreements valid.

It’s important to remember that certain areas of law, such as workers’ compensation cases, are governed by specific statutes regarding fee collection. So, be sure to include language reflecting the statute, Elefant advises.

Expect to update your retainer letter continuously as your practice grows and you become more experienced.

For example, Elefant says, her initial retainer letter did not include a clause that allowed her to withdraw from a case if the client was uncooperative. After one unpleasant experience, Elefant revised her letters with a clause that gave her the right to terminate representation of clients who fail to cooperate.

“As you grow and things happen (like clients not paying you enough up front), you’ll put different clauses into your retainer,” she says.

This article first appeared in Lawyers USA, another Dolan Media publication.

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