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Failure to identify and correct problems in these areas can injure an otherwise healthy practice or law firm just as much as the requirements discussed above. At the time the contract is entered into, the attorney shall provide a duplicate copy of the contract signed by both the attorney and the . 11.) In contrast to a fixed hourly fee, in a contingent fee arrangement lawyers receive a percentage of the monetary amount that their client receives when they win or settle the case . App. Practice Guide: Personal Injury (The Rutter Group 2004) Paragraph 1:105.). Ex-attorney did comply with the MFAA by participating in the MFAA arbitration and then demanding contractual arbitration, as allowed under, The attorney sued based on the retainer agreement and an implied-in-fact agreement that further work was encompassed within the retainer terms (the latter theory permissible under section 6148(d)(2)). A less formal expression of this concept is whether the attorney can quote the fee to the client and keep a straight face. If you have a fee dispute with an attorney, there is a fee dispute resolution panel. ) In blended agreements, as well as in some straight contingency fee cases, the authors have also begun including hypothetical fee and cost calculation illustrations in their retainers to help clients better understand how fees and costs will be calculated. If there was no written retainer agreement, the debt could be based on an agreement you had over emails or something similar. Avoid signing an agreement that says the retainer fee is non-refundable even if the attorney does not conduct work on your case or your case quickly settles. It is unethical for family law attorneys to fail to present to you, and sign, a retainer fee agreement. (d) A lawyer may make an agreement for, charge, or collect a fee that is denominated as "earned on receipt" or "non-refundable," or in similar terms, only if the fee is a true retainer and the client agrees in writing* after disclosure that the client will not be entitled to a refund of all or part of the fee charged. See id. After subsequent counsel obtained a favorable judgment for the company in the conversion action, Master Washer entered into a stipulated disbursement of the judgment. plaintiff law firm and defendant client entered into a written retainer agreement wherein defendant would be responsible for paying the firms fees, costs and expenses. Lastly, it will address the disclosures an attorney should include in a retainer agreement when taking on a 17200 claim or a class action suit. California Rules of Professional Conduct Rule 3-410 requires attorneys to disclose to their clients at the time of the engagement, in writing, the lack of professional liability insurance. & Prof. Code, Sec. The Basics It is very common for employers to settle threatened claims or lawsuits with an agreement that includes a no-rehire provision. | The client must then consent to the lien in writing. In those situations, the client is first handed their copy and then asked to initial both the copy and the original in the attorneys presence. Hire a New Attorney & Prof. C. 6147(c). Charging Liens Master Washer also sought to file a counterclaim against the lessor for conversion because the lessor refused to release the companys equipment. As the attorney works on your case, they will keep track of every letter written, every document researched, and every 10 minutes spent on your case. & Prof. Code, Sec. Toll Free: (800) 458-3351 The firm primarily represents plaintiffs with a focus on legal malpractice cases. 4th 360, 371 (2010). Fee-for-Service Agreements Be sure to indicate what the fee percentage(s) are, whether the agreement includes an hourly rate component, statutory fees, or any other expenses that a client will be liable to pay. z%V'n088H+vt9I/!TnUienml0 epSZ4j~hF * A retainer agreement is a work-for-hire legal document or a service contract between a company or an individual and a client. [{MS0muopc As a general rule, though, the only limit on contingency fees is unconscionability. Centenko v. United California Bank (1982) 30 Cal.3rd 528, 531, holds an attorney fee contract is usually an express provision in a retainer contract, but "it may be implied if the retainer agreement between the lawyer and client indicates that the former is to look to the judgment for payment of his fee." 2 Jan. 6, 2016) (unpublished) is a situation where a terminated attorney won a fee recovery of $27,120 (out of a requested $ 42,600) under Civil Code section 1717based on a client retainer fees clauseafter clients legal malpractice/breach of fiduciary duty tort claims were dismissed with prejudice after failure to appear at a case management conference (grounded on an OSC hearing after the CMC failure to appear). Thus, lawyers and others using these materials should consider the general checklist, the supplemental checklist for the basic form, the basic form, and the optional provisions in relationship to the specific services that the client has requested the lawyer to provide. Cal. (Flahavan, et al., Cal. You must be given a copy. Cal. The attorney contended that the provision constituted a legitimate waiver of the client's right to statutory arbitration. If an attorney is unsure as to whether special provisions apply to a particular type of case, the attorney should conduct research before entering into a fee agreement. also. Read the article in "Starting your Collection " 4. Some fee agreements provide for a "minimum" or a "nonrefundable" fee. However, in the course of their practice, the authors still run across uninsured attorneys whose fee agreements fail to alert the clients to their status. Alpert, Goldberg, Butler, Norton & Weiss v. Quinn, 410 N.J. Super. Section 6147 deals with contingency fee agreements. Date: endstream endobj 74 0 obj <>stream Id. A contingent fee agreement is one where an attorney agrees to represent a client for a percentage share of any settlement or judgment, instead of, or in addition to, an hourly rate. Under that circumstance, percentages are fixed pursuant to the Medical Injury Compensation Reform Act (MICRA), codified at section 6146. Fax:(310) 246-0380, Shernoff Bidart Echeverria LLP is a Limited Liability Partnership Information on this site is not intended as, nor is legal advice or the establishment of an attorney-client relationship. A statement concerning the duties of the attorney and the client. Such necessity might arise when a client does not have cash to pay attorney fees upfront but promises to pay the attorney at a later time. 6148, subd. Just recently, in Fletcher v. Davis (2004), 33 Cal.4th 61, Cal. Therefore, the remedies available to an injured party under section 17200 are limited to injunctive and restitutionary relief and do not include compensation for attorney costs and fees. The Courts decision in Fletcher does not prohibit an attorneys charging lien as a means to securing payment. Bus. App. (Vapnek, et al., Cal. The existence of a retainer agreement specifying certain grounds for The disclosure should be made in clear and simple terms so there is no question of the clients misunderstanding the nature and existence of the lien. 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful 0 comments Sagar P. Parikh View Profile 136 reviews Avvo Rating: 9.3 Business Attorney in Beverly Hills, CA Reveal number Private message (All further statutory references are to the California Business & Professions Code unless otherwise noted). After that, the HMO will be responsible for reimbursing the physician at a pre-negotiated rate. The absence of a signed fee agreement was not dispositive given the other circumstances of what was reached between attorneys and clients, with clients citing no authority for the proposition that a terminated attorneys destruction of a signed fee agreement with a client precludes the attorney from claiming the agreement existed, and from recovering fees and costs for the client pursuant to the terms of the agreement. (Slip Op., p. Until recently, it was unclear what standard should apply to determine what interests were adverse within the meaning of Rule 3-300 of the Rules of Professional Conduct of the State Bar of California. If coverage lapses during the representation, the client must be informed in writing. 1. However, compensation for attorney fees and costs can be awarded pursuant to California Civil Code of Procedure section 1021.5, which grants courts authority to award attorneys fees when each of the following three conditions are met: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement make(s) the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. Code of Civil Procedure, section 1021.5 (hereinafter, section 1021.5). (1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or (2) a contingent fee for representing a defendant in a criminal case. A retainer is defined as a fee that a client pays upfront to an attorney before working for the client. 214 0 obj <>stream California Rules of Professional Conduct Rule 4-200(A)(3) does allow the attorney to make reimbursement for costs contingent upon the outcome of the litigation. In order to be able to enforce a charging lien, the attorney must disclose the lien provisions to the client in writing, and advise the client of the opportunity to seek independent legal counsel. 17200, et seq.). Bus. Client declares under penalty of perjury under the laws of the State of California that Client does not own more than one piece of real property, or one piece of real property with more than three units in it. Conclusion When Fletcher filed suit to collect his share of the judgment, the question was raised as to whether a charging lien against a judgment or settlement was enforceable in the absence written consent from the client. Unconscionability depends on the particular circumstances of the representation. Rule 3-300 provides: A member shall not enter into a business transaction with a client; or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, unless each of the following requirements has been satisfied: (A) The transaction or acquisition and its terms are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which should reasonably have been understood by the client; and, (B) The client is advised in writing that the client may seek the advice of an independent lawyer of the clients choice and is given a reasonable opportunity to seek that advice; and, (C) The client thereafter consents in writing to the terms of the transaction or the terms of the acquisition.. This becomes increasingly important should another dispute arise that requires separate representation for the client. However, the Court of Appeal, Fourth District, Division 3 recently held that where an attorney unfairly prevents another attorney from complying with the requirements of Rule 2-200, the first attorney may be equitably estopped from raising the second attorneys non-compliance as a defense in litigation to enforce the agreement. Any attorneys who have not recently reviewed their retainer agreements for statutory and ethical compliance should do so. In Fletcher, the client, Master Washer, orally agreed to pay attorney Fletchers hourly rate and costs to defend it in a breach-of-lease action. Cal. California, the only state that has not adopted the model rules, contains a similar provision in its rules of professional conduct. Cal. & Prof. Code, Sec. %PDF-1.6 % at 67, 14 Cal.Rptr.3d 62. However, it is also important to note more specific items such as whether the client will locate or select an expert, or whether the attorney or client will advance funds to pay the bill for extraordinary expenses. A retainer agreement is a contract for expert witness services that establishes billing on a retainer basis. Sometimes, an attorney will find it necessary to obtain a lien against a clients interest as a means of securing payment of fees. & Prof. Code, Sec. While there are no specific fee caps on retainer agreements, that does not mean attorneys can simply charge whatever they want or whatever to which they can get a client to agree. A state supreme court found an arbitration clause in a law firm's retainer agreement unenforceable because the lawyers did not sufficiently discuss pros and cons of arbitration. Tuesday, October 26, 2021. For a sample expert witness retention letter agreement, turn to CEB's California Expert Witness Guide 7.32A. Rates for attorneys, paralegals, and legal secretaries should all be included if the attorney is billing for his or her time. If necessary, we will ask you to give us written authorization to obtain this information. Second, it will shed some light on the pitfalls when making alternative fee arrangements with a client. If the retainer is 'pay for access', it will allow the client to services on a recurring basis for a set number (#) of hours every month. A statement of how costs will affect the contingency rate. agreement(s) prepare by the California State Bar and as approved by the Board of Governors June 20, 1987; amended effective November 22, 1996; May 15, 2001; June 23, 2005; March 8, 2010. For this reason, an attorney should make clear in a retainer agreement for a 17200 claim or a class action suit what effect a judgment obtained on behalf of the general public will have on his or her cost and fees. Posted at 12:28 PM in Cases: Arbitration, Cases: Retainer Agreements | Permalink Co-contributor Marc also has posted on this decision in his, First of all, there was extensive parol evidence demonstrating an understanding that recovery was to encompass only cash in hand. Beyond that, however, the Court of Appeal stressed that retainer agreement ambiguities are construed against the attorney (, Cases: Private Attorney General (CCP 1021.5), Cases: Substantiation of Reasonableness of Fees, Retainer Agreements: Whether Credit Card Processing Charges In California Can Be Passed On To Client Through Retainer Agreement Is An Open Question, Deadlines, Retainer Agreements: Notwithstanding Whether Retainer Agreements Are Avoided, Quantum Meruit Statute Of Limitations Runs From Discharge, Equity, Retainer Agreements: Attorney Security Agreements For Fees Can Take Precedence Over Charging Orders, Arbitration, Retainer Agreements: $192,000 Arbitration Award To Ex-Attorney Affirmed On Appeal, Equity, Retainer Agreements: Voiding A Contingency Agreement Under Business & Professions Code Section 6147(b) Does Not Extend To Reasonable Litigation Costs, Retainer Agreements: Termination Provision Applicable To Client Responsibility For Expenses And Fees Did Not Become Unenforceable After Client Terminated The Attorney, Allocation, Landlord/Tenant, Retainer Agreements: $910,752.50 Fee Award Under San Francisco Rent Ordinance Fee-Shifting Clause Affirmed On Appeal, Retainer Agreements, SLAPP: Self-Represented Plaintiffs Attempt To Obtain A Refund Of A $1,500 Retainer Fee Evolved Into Two Adverse Costs Awards Totaling $2,111.40 And A $15,600 Adverse Attorney Fees Award, Fee Clause Interpretation, Retainer Agreements, Section 1717: Postjudgment Order Awarding Attorney $1,232,735 In 1717 Fees And Costs Incurred Defending Against Former Clients Tort And Contractual Claims And Cross-Claim For Unpaid Fees Affirmed, Retainer Agreements: If Your Retainer Provides For A Deed Of Trust, Make Sure It Is B&P Section 6148 Compliant, Ethics, Interest, Reasonableness Of Fees, Retainer Agreements: Where Fee Agreement Is Compliant/Enforceable Under B&P 6148, Unconscionability Factor Guides Contractual Fees Charged And Reasonableness Governs Atty. It is good practice to spell out in detail the nature of the dispute for which you are being retained to represent the client. In so ruling, the court placed arbitration clauses in engagement contracts on a higher footing than arbitration clauses in other contracts. See Fletcher v. Davis, 33 Cal.4th 61, 68 (2004). While there is no requirement to document the provision of a copy, there is really no good reason not to take this simple step to protect yourself. Not only must the agreement be in writing but the attorney is also required to explain the agreement. & Prof. Code, Sec. The core provision of AB 749 specifically prohibits "an agreement to settle an . Claremont, CA 91711, Phone:(909) 621-4935 Bus. Section 6148(b) also requires attorneys to provide their clients with written bills. Call us at (800) 458-3351 to arrange a free consultation about your legal concern, or return the e-mail form below and we will get in touch with you. Client Identity The Court found a charging lien could significantly impair the clients interest by delaying payment of the recover or settlement proceeds until any disputes over the lien can be resolved. Engagement Letter and Fee Agreement - Basic . The last thing you want to do is to lose a client after you've gotten him this far. & Prof. Code, Sec. Pursuant to the oral agreement, Fletcher prepared and filed a complaint for the client and also assisted the client in additional personal legal matters. Courts do remain concerned, however, with the obvious ethical issues that arise whenever an attorney acquires the financial interest of a client. Consequently, the Court held that the oral retainer agreement was unenforceable. Section 6146, for example, defines the amount recovered in medical negligence cases as the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim. If both of the original parties agree to the change and sign documents transferring existing interests and obligations, an agreement can be assigned and assumed by a third party. As such, if the client voids the agreement, the attorney will no longer be entitled to a contingency fee, but only to a "reasonable fee." Gutierrez v. Girardi (2011) 194 Cal.App.4th 925; Flannery v. Prentice (2001) 26 Cal.4th 572.. A _LF PIROgyRpUWUHP,k&JBXALRF3R*"o^L-fr{\744).ua;_O*DZ81I1mR|}O/c5vh3f`?6 }qc=] If you decide that securing payment is necessary to ensure compensation, there are important rules you need to know and follow if you plan on avoiding client disputes and/or discipline from the State Bar. 3d 153 (1979). Using Bonsai, you can create your own retainer agreement in just 2 minutes and get peace of mind. Next, select your client and project details, the template type, and you're ready to start customizing your retainer agreement. These are maximums, and the attorney and client are free to negotiate lower rates. Rule 3-300 sets forth certain requirements that an attorney satisfy before entering into any transaction where the attorney obtains and adverse interest to the client. (Bus. As stated above, there are a few circumstances when retainer agreements need not be in writing. 510 (App. Client recognizes that clients individual claim is being represented, and Client may receive both contractual and extra-contractual compensation related to the individual claim. Fee contracts that do not contemplate such costs and are not on a contingent basis are not statutorily required to be in writing, with the exception of the presence of an adverse interest, which will be discuss below. Any subsequent changes to this Agreement must be made in writing and signed by both Parties. Such exceptions include emergencies, where it is impractical to avoid prejudice to the client, prior dealings with a client such that an implied contract is established, a clients waiver to obtain a written retainer agreement after full disclosure of section 6148, or where the client is a corporation.(Bus. . First, attorneys must ensure that retainer agreements comply with the requirements contained in the California Business & Professions Code. The trial judge, after rejecting the clients expert analysis on the reasonableness of the, After observing there was an analytical gap on the measure of recovery for B&P noncompliant agreements (quantum meruit) versus enforceable fee agreements (one would presume contractual, but with no published decisions addressing), the Court of Appealgiving deference to a 1993 advisory by the State Bars Committee on Mandatory Fee Arbitrationdecided that enforceable, compliant fee agreements should be enforced by their terms, not quantum meruit, as long as the fees were not unconscionable under Rules of Professional Conduct Rule 1.5. Other Ethical Issues Related to Retainer Agreements and the Inception of the Attorney-Client Relationship In an interesting twist, the attorney conceded not having an original fee agreement because it had been purged after the malpractice statute of limitations had expired. Consider the following language: Attorney has advised the client that the issues involved in Clients claim may be a matter of public interest. Comments (0). (a)(1). Attorneys in Beach Whitman Cowdrey, LLP v. Robertson, Case No. Although the code does not mandate that all fee contracts be in writing, it is always a good practice to get a retainer agreement in writing to avoid conflict. The attorney is then allowed only the reasonable value of his or her services as compensation. Attorneys should also be aware that attorney charging liens fall within the ambit of California Rules of Professional Conduct Rule 3-300 which governs an attorneys acquisition of interests adverse to the client. Ixh}3\:9 Overview After a contract has been signed, a change in business climate or in a party's liquidity can necessitate an assignment of that agreement. See NYSBA Formal Opinion 719. 2. Letter/Agreement 4 . While an attorney's lien may be used to secure either an hourly fee agreement or a contingency fee agreement, hourly fee agreements purporting to create an attorney's lien must comply with Rule 1.8.1 of the California Rules of Professional Conduct. A retainer agreement may also set forth other grounds for terminating the client-attorney relationship, as long as they are consistent with the grounds set forth in Rule 1.16(c). For example, caps apply to cases on behalf of minors and federal tort claims. C. 1021.5. 8148, subd. Cal. The sections requirements are also applicable to hybrid agreements. Posted at 08:52 PM in Cases: Retainer Agreements, Cases: Section 1717 | Permalink 6247-6148.). As with all contractual agreements, you should always get a retainer agreement in writing. (b). This public policy is manifested in California Business and Professions Code Section 16600, which states: . Flahavan, et al., California Practice Guide: Personal Injury, (The Rutter Group 2004) 1:105. If the fee does not pass this laugh test, it is likely to shock the conscience and be found unconscionable. There is no substantial compliance in those situations. In this case, the retainer agreement will likely be rendered invalid. That section caps contingency fees at a rate of forty percent of the first $50,000 recovered, thirty-three and one-third percent of the next $50,000 recovered, twenty-five percent of the next $500,000, and fifteen percent on anything over $600,000. E062781 (4th Dist., Div. Rptr.3d 58, (Cal. Should a fee contract be voided for this reason, you would be left with the right to collect reasonable fees under a quantum merit theory of recovery. & Prof. C. 6148(d)(1-4). A statement of the contingency fee rate. Moreover, no single form or checklist will cover all situations. It also can be helpful to include a brief explanation of the difference between costs and fees. This made sense because lodestar analysis is really aimed at what, The Third District, drawing from analogous reasoning in. However, there is no bright line test for unconscionablity. This legal agreement allows customers to pay early for professional services that will be specified afterward. Leagal Retainer Agreement Example download now Retainer Agreement: What Is It? Non-compliant fee agreements can affect client relations, cause disciplinary problems, and damage an attorneys bottom line. 4th 172, 186 (2013). Severability. Retainer Fee Agreement . More specifically, the issue became whether a lien agreement constituted an adverse interest, thereby triggering Rule 3-300 of the California Rules of Professional Conduct. Rules Governing the Use of Contingency Fee Contracts. (d)(1)-(4).). In addition, section 6147 requires that a contingency fee contract include: (1) the contingency fee rate that the client and attorney have agreed upon; (2) an explanation of how disbursements and fees incurred related to the litigation or settlement will affect the contingency fee and the clients ultimate recovery; (3) an explanation of any additional expenses the client might have to compensate the attorney for; (4) a statement that the fee arrangement is negotiable between the attorney and client and not fixed by law, (provided the claim is not subject to Section 6146); and (5) a statement that the fee rates are the maximum limits for the contingency fee rate and that the attorney and client have the option to negotiate a lower rate if the claim is subject to section 6146. Bus. Arnall v. Superior Court, 190 Cal. hj0_Ert- J6c-KGVGDMYICKn}VDI JRM) '-40+ry _m+l]Drmr5HU2BIJ1!GLuJXP Thus, to be on the safe side, an attorney should comply with Rule 3-300 wherever reasonable minds could differ as to whether the interests the client might be impaired by the attorneys acquisition of a pecuniary interest in a fee arrangement. Blended or Hybrid Fee Agreements 85 0 obj <>/Filter/FlateDecode/ID[<24E91F16C25A5741B3E4BF3FCBA0A5F9>]/Index[68 147]/Info 67 0 R/Length 98/Prev 175083/Root 69 0 R/Size 215/Type/XRef/W[1 2 1]>>stream endstream endobj 69 0 obj <>/Metadata 30 0 R/Outlines 92 0 R/PageMode/UseOutlines/Pages 66 0 R/StructTreeRoot 63 0 R/Type/Catalog>> endobj 70 0 obj <>/MediaBox[0 0 612 792]/Parent 66 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 71 0 obj <>stream Step 3 - Sign the Retainer Agreement. A statement that contingency rates are not set by law, but are negotiable between the attorney and client. Pursuant to California Business and Professions Code section 6148, a fee contract must be in writing anytime it is reasonably foreseeable that the cost to a client, including attorney fees, will exceed $1,000.(Bus. Earned On Receipt Fee Agreement . Generally, an unconscionable fee is one that is so disproportionate to the services rendered that it shocks the conscience. Tarver v. State Bar, 37 Cal. There is no practical reason the same analysis would not apply to any other statutory requirements. In many retainer agreements, this statement generally provides that the client has a duty to be truthful with the attorney, and the attorney has a duty to use his or her best efforts on behalf of the client. Engagement Letter - No Retainer . In order to assist attorneys in double-checking and revamping their retainer agreements, this article will explain the statutory and ethical requirements for retainers, and discuss issues related to those requirements that could cause trouble if preventative measures are not taken. Attorneys should exercise billing judgmentwriting off hours and reflecting that in billings for both the benefit of the client and a possible future fact finder. For example, if you enter a contract to buy furniture and have paid for the furniture, the contract is executory. Posted at 05:35 PM in Cases: Retainer Agreements | Permalink 6148, subd.(a).) %%EOF Fee Splitting With Other Attorneys While there is more to a calculation of the reasonable value of services than the normal hourly rate multiplied by the number of hours spent, being forced to prove the reasonable value of services in a contingency matter is generally more difficult if the attorney is unable to show how much time was spent on the case. Beverly Hills, CA 90210, Phone:(310) 246-0503 In the legal context, a retainer agreement is an agreement between a lawyer and client in which the lawyer agrees to represent the client and provide legal services as needed. %JcCY~{)Uu;4zgQZ\T ?LP}~v%-pq!LKwqcwrm5jj)t97iU!#ED~ 6Xrsradma'hY8zFhT*]Lg( An executory contract means that the contract terms have not yet been satisfied by one or both parties. A retainer contract is an employment agreement based on set hours and predetermined rates. 6148, subd. Formal Opinion") 440 (1976). Rule 4-200(B) sets forth eleven non-exclusive factors in determining whether a fee is unconscionable. What You Need to Know About Alternative Means of Securing Payment. Retainer Agreements: Los Angeles County Superior Court Invalidates Oral Entertainment Handshake Fee Contingency Deals Not In Writing, Retainer Agreements: ABA Section Of Litigation Post Offers Some Nice Tips On How To Avoid Risks For Retainer Agreements, Retainer Agreement, Section 1717: Law Firm Suing For Breach Of Oral Agreement To Provide Legal Services, Based On Continued Applicability Of Retainer Agreement, Resulted In Law Firm Exposure Under Retainer Fees Clause, Retention Agreements: Riverside County Bar Association Fee Arbitrators Find Enforceable A Hybrid Retention Agreement Providing For A Contingency To Attorney If Successful, Plus A Feature That Attorneys Fees And Costs Awarded For The Success Are Kept, Retainer Agreements: Third Circuit Court Of Appeals, In Nonprecedential Decision, Holds That Binding Arbitration In Retainer Agreement Is Enforceable Under Federal Arbitration Act, Retainer Agreements: North Carolina Court Of Appeals Rules That Small Firm Seeking Fees Cannot Represent Itself Where Firm Attorneys Were Necessary To Prove Existence Of Contract, Liens For Attorneys Fees/Judgment Enforcement/Retainer Agreements: Two Unpublished Decisions Discuss These Issues, Primo Hospitality Group, Inc. v. The Americana At Brand, LLC, Grail Semiconductor, Inc. v. Mitsubishi Electric & Electronics USA.