RETAINER AGREEMENT OPTIONS

I now offer two retainer options.

Option #1, attached below as Traditional Retainer Agreement, is my traditional pay by the hour option. I charge $300 per hour and seek a $2,500 retainer in advance. That retainer is used to pay the first 8.33 hours of my work. I bill the client monthly on or about the 15th of the month and provide, that if the client pays in full by the 15th of the next month, the client get a 10% reduction on their bill.

Option #2, attached as Hybrid Retainer Agreement, provides for a $3,000 initial, non-refundable payment, which does not pay for any of my time. The client then pays $100 per hour for all work through the eve of hearing or for one calendar year. If a hearing is imminent, I negotiate a new fee agreement to cover the cost of the hearing. If no hearing develops, I continue working at the $100 an hour rate through the remainder of the year. Again, I bill the client monthly on the 15th of the month and provide, that if the client pays in full by the 15th of the next month, the client get a 10% reduction on their bill.

Special education cases vary greatly in legal time required. I have set up cases, filed for due process, gone to mediation and resolved cases in as little as 12 hours of work. On the other hand, I have had cases that involve 30 or 40 hours of work before we ever reach an agreement. I cannot predict how long a particular case will take.

I decided to create the Hybrid Retainer Agreement, as an option, because clients have pressed me for a fixed rate retainer arrangement. I cannot offer a fixed rate because doing so would frequently place me in an adversarial relationship with my client when negotiating a settlement agreement. Conflicts do occur, but knowingly offering a retainer agreement that is highly likely to produce a conflict is, to my mind, unethical.

I am glad to discuss these retainer options, answer questions, and tailor a retainer agreement to meet the needs of my individual clients.

• Traditional Retainer Agreement (PDF)
• Hybrid Retainer Agreement (PDF)