Retainer Agreement Flexibility Explained

Summary

A retainer agreement typically establishes a general attorney-client relationship, where the law firm acts as your attorney-of-record unless specified otherwise. For limited scope assistance, modifications should be documented in writing, which can be done via email. The agreement allows for flexibility to adjust the scope of services as the case progresses. If unsure about specific tasks, start with a consultation to identify areas needing legal assistance. Document any changes to the agreement in writing for clarity.

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Here is the text, followed by my question: Scope of Services. You are hiring BS, as your attorneys, to represent you in the matter described above. We will provide those legal services reasonably required to represent you in this matter. We will take reasonable steps to keep you informed of our progress and to respond to your inquiries. Unless we enter into a different agreement, or modify this agreement, in writing, the terms and conditions of this agreement will govern all future services BS will perform for you. You are retaining a law firm, not any particular attorney, and the legal services to be provided to you will not necessarily be performed by any particular attorney unless otherwise agreed to in writing."
It seems like you have a question regarding the scope of services in a retainer agreement. What specifically would you like to understand or clarify about this clause?
My question is, is this text saying that they will be my attorney-of-record, or limited-scope assistance, or something else?
From the text provided, it seems like the agreement is establishing a general attorney-client relationship, where the firm BS will act as your attorney-of-record for the matter described. It does not indicate limited-scope assistance, as it mentions representing you in the matter and providing necessary legal services unless otherwise agreed in writing.
Is that text suitable if I want to have the option of limited scope assistance?
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The text you provided outlines a general attorney-client relationship, meaning the firm will act as your attorney-of-record for the described matter. For limited scope assistance, you would typically see specific language indicating that the services are restricted to certain tasks or portions of the case. You may need to modify the agreement in writing to specify the limited scope of services you're seeking.
Is it possible to agree with the attorney by email of limited scope assistance, despite this text?
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Yes, it's possible to agree on limited scope assistance via email, but it's crucial to have a written modification to the original agreement. Make sure the email clearly states the specific tasks and limitations of the attorney's involvement. Confirm that both parties agree to these terms.
I don't know the limited scope tasks yet. There are things I can do myself, and I don't necessarily need the attorney to do everything for me. Is that scope of services text suitable for my situation?
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It's good that you're considering the tasks you can handle yourself. The current scope of services text indicates a general attorney-client relationship. To suit your needs, you might want to amend the agreement in writing to specify which tasks you'd like the attorney to handle and which ones you'll manage independently. Would you like more information on how to draft such an amendment?
As I said, I don't know the limited scope tasks yet. How to resolve?
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If you're unsure about the specific tasks you want the attorney to handle, consider starting with a consultation to discuss your case and identify areas where you might need legal assistance. This can help you define the limited scope more clearly. Would you like tips on how to approach this consultation?
I do not know the tasks until the case progresses further. It is not practical to specify them in detail in advance. What do?
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It seems you're looking for flexibility in handling certain tasks yourself while having legal support available. You can start with a general retainer agreement and clarify that the scope may be adjusted as the case progresses. Communicate openly with your attorney about this arrangement and document any changes in writing.
Is the scope of services text appropriate for a general retainer agreement as you have mentioned?
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Yes, the scope of services text you provided is suitable for a general retainer agreement. It establishes a broad attorney-client relationship, allowing for flexibility to adjust the scope of services as your case progresses. Document any changes in writing for clarity.
So you are saying that the scope of services text that I provided is not specifically requiring that the attorney be my attorney-of-record?
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The scope of services text you provided does imply that the law firm will act as your attorney-of-record for the specified matter. It doesn't require limited-scope assistance unless specified in writing. If you want limited scope, it’s best to document any modifications in writing with your attorney.
Does the scope of services text allow for flexibility to adjust the scope of services as my case progresses, or does it specify that they will be, or must be, my attorney-of-record?
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The scope of services text you provided allows for flexibility to adjust the scope of services as your case progresses. It establishes a general attorney-client relationship, where the firm acts as your attorney-of-record unless modified in writing. Would you like any tips on how to approach potential amendments as your case develops?
Can the modifications happen by email?
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Yes, modifications to the retainer agreement can be made by email. Ensure that the email clearly outlines the changes and that both parties agree to these terms. It's important to keep a record of all communications for future reference.
my i send you a whole retainer agreement and then ask you questions about it?
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You can certainly send over parts of the retainer agreement you'd like to discuss. Focus on specific clauses or sections you're unsure about, and I'll do my best to provide general information or clarification. Remember, I can only give general guidance and not specific legal advice.
Can i send you the whole retainer agreement at once for that purpose?
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While I can't review entire documents, I can help with specific clauses or questions you might have. If there are particular sections of the retainer agreement you're unsure about, feel free to share those, and I'll provide general guidance.