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VIII LAW PRACTICE
A. RETAINER
Form No. 1--Retainer Contract between Lawyer
and Client Long Form
Form No.
2--Revolving
Fund Agreement between Lawyer and Client
Form No. 1--Retainer Contract between Lawyer and Client Long
Form
(Retainer Contract
between Lawyer and Client Long Form)
RETAINER CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT made and
executed by and between:
__Client__,
a domestic corporation duly organized and existing under and by
virtue of the laws of the Republic of the Philippines, with
principal office at _____________,
Philippines and represented in this act by its
__Position__,
__Name of Officer__,
(hereinafter referred to as the "CLIENT");
- and -
__Law
Firm__, a law firm
organized under and by virtue of the laws of the Republic of the
Philippines as a general professional partnership, with principal
office at _____________, Philippines,
and represented in this act by its Managing Partner,
__Name of Managing Partner__,
(hereinafter referred to as the "LAW FIRM");
WITNESSETH: That -
WHEREAS, the LAW FIRM has
offered its professional legal services to the CLIENT and CLIENT
agrees to retain the professional legal services of the LAW FIRM
under a retainership basis, subject to the terms and conditions
hereinafter stipulated:
NOW THEREFORE, for and in
consideration of the mutual covenants and agreements herein agreed
upon, the CLIENT and the LAW FIRM, by these presents, have entered,
as they hereby enter, into a contract of services whereby the LAW
FIRM shall render legal services to the CLIENT, under the following
terms and conditions:
1.
The term or duration of this contract
shall be for one (1) year effective upon signing of this agreement
and shall automatically renewed on a year to year basis unless
either party pre-terminates the same upon serving a thirty (30)
day-prior written notice to the other party, without need of cause;
2.
The LAW FIRM, while in the performance of
its duties, shall be entitled to a fixed monthly retainer fee of
PESOS: __________________________ (P_________);
3.
The LAW FIRM shall make itself available
for ready consultation by the CLIENT or its duly authorized officers
in all matters or business requiring legal advice and opinion
affecting the said corporation in general. Written opinions
rendered by the LAW FIRM on matters affecting the business and
operations of the corporation shall be subject to confirmations;
4.
The LAW FIRM shall render documentation
and notarial services to the CLIENT as part of this retainership.
Client documents shall be notarized free of charge while documents
requiring the participation and signature of a party other than the
Client shall be subject to fees or charge at the following rates:
(Notarial
Rates)
5.
In case of extra-judicial foreclosure of
mortgage endorsed to the LAW FIRM by the CLIENT, the attorney's fees
shall be at the rates provided as follows:
(Rates
of Legal Fees on Foreclosure)
6.
In collection cases other than
extra-judicial foreclosure of mortgage, the attorney's fees shall be
at the rates provided as follows:
(Rates
of Legal Fees for Collection Cases)
7.
The LAW FIRM shall handle other cases as
referred to it by the CLIENT for a fee that shall be determined by
mutual agreement of the law firm and the CLIENT, on a case to case basis, such as, but
not limited to, all suits or cases for or against the CLIENT,
including officers and employees of the CLIENT sued in their
official capacity;
8.
The LAW FIRM shall not compromise or
settle judicially or extra-judicially any account, foreclosure
proceeding or suit wherein the CLIENT is a party, without the
written consent and conformity of the CLIENT or his duly authorized
officer;
9.
Routinary expenses for mailing of demand
letters, pleadings to court and copies thereof to adverse parties,
costs of photocopy of evidentiary documents, payment of stenographic
notes, costs of publications of notices, as well as filing fees and
other legal expenses in court and other appropriate government
offices shall be for the account of the CLIENT;
10.
The LAW FIRM shall, whenever requested by
the CLIENT take immediate measures to investigate the facts and
ascertain the legal position of the CLIENT concerning any accidents,
claim or liability, and shall on such cases do what may be required
for the protection of the CLIENT. The LAW FIRM may represent the
CLIENT in all suits and proceedings pending or which may be pending
in Bacolod City or its environs wherein the CLIENT is a party, or
its rights or interest are involve, at the direction of the CLIENT;
11.
The LAW FIRM shall keep in its office a
docket of record in which it shall cause to be recorded all
proceedings connected with nay action which the CLIENT is interested
and shall keep such other records necessary to preserve a complete
history of the business of the CLIENT entrusted to its charge. Said
docket and records shall be subject to the inspection and control of
the CLIENT or his representative;
12.
The LAW FIRM shall submit to the CLIENT at
least once every quarter or as often as required, written reports on
all pending matters handled by the LAW FIRM for the CLIENT;
13.
The LAW FIRM, in addition to the herein
enumerated services, shall well and faithfully serve the CLIENT and
shall at all times devote its whole time and attention to the
assignments and tasks given and/or entrusted to it by the CLIENT and
shall do and perform all such services, acts and things connected
therewith as the CLIENT shall from time to time direct; nor shall
the LAW FIRM at any time get itself in a situation where a conflict
of interest may arise between those of the CLIENT and the LAW FIRM
and/or its CLIENTS;
14.
The LAW FIRM shall not, either during the
term of this contract or any time thereafter, use or disclose to any
person, office, corporation or entity any confidential information
concerning the affairs of the CLIENT which he nay have acquired in
the course of or as incident to this contract for its own benefit,
or to the detriment or probable detriment of the CLIENT;
15.
It is understood and agreed that nothing
in this contract shall be construed as establishing the relationship
of employer-employee between the CLIENT and the LAW FIRM, including
its personnel;
16.
Any violation of the terms and conditions
of this contract by the LAW FIRM shall give the CLIENT the option to
rescind or cancel immediately the contract without necessity of
judicial proceedings;
17.
The CLIENT reserves the right to terminate
this Agreement without need of cause or reason upon thirty-day
written notice to the LAW FIRM.
IN WITNESS WHEREOF, the parties have
signed this instrument this _____________
at _____________, Philippines.
CLIENT LAW FIRM
By:
_____________ By: Managing
Partner
SIGNED IN THE PRESENCE OF:
__________________ __________________
(ACKNOWLEDGMENT)
Form No. 2--Revolving
Fund Agreement between Lawyer and Client
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