Attorney Retainer Agreements & Ethics: Risk Management Meets Best Practice

An attorney's retainer agreement touches on virtually every kind of private practice and directly addresses the two greatest sources of professional risk to attorneys - ethical obligations and legal duties to clients. At its core, a retainer is a contract creating the attorney-client relationship and all of the duties that flow from it. An all too often neglected tool, the retainer agreement is more than just a box to check for opening a new file; it allows us to meet our ethical obligations to our clients while simultaneously managing and reducing the risks inherent in the practice of law. 

In this course, Jeffrey Cunningham at Goldberg Segall will review the basics of the retainer agreement together with related ethics issues in the context of everyday practice. The program discusses the applicable ABA Model Rules, sample retainers, and ethics opinions. The bespoke, updated retainer agreement as a risk management device and best practice tool, including an overview of paralleling ethical considerations, will be explored, along with the basics of how to develop and deploy a firm-wide retainer agreement plan.

Learning Objectives:

1. Examine the essentials of the retainer agreement and applicable ethics rules

2. Identify and discuss the dual best practice and risk management benefits of a customized, bespoke retainer agreement

3. Outline a play-by-play plan to develop and deploy a firm-wide plan to make the most of your retainer agreements