The Art, Science and Ethics of the 21st Century Retainer Letter

Topics Covered:
Back to Basics: A quick summary of the basic structure of the retainer agreement, with special focus on defining the scope of service and limited scope representations. [Page 5] See the Fee: Providing for alternative billing, such as flat fees or "subscription"

fees in the retainer agreement -- and whether there is really such a thing as a "nonrefundable" retainer. Plus, sample wording for special situations like reverse contingencies/success fees, barter and Groupon. [Page 19] Electronic Expectations: What do clients need to know about electronic

communication, e-billing and storage? [Page 34] Cloudy or Clear: Should the retainer agreement notify clients of your use of the

cloud to house client data? This section of the book identifies those bars with a disclosure requirement and suggests sample clauses for fulfilling it. [Page 45] Outing Outsourcing: What should your retainer agreement say about

outsourcing work to vendors, contract attorneys and virtual assistants? And as a bonus, a discussion of the types of agreements that you will need for outsourcing to ensure confidentiality and ensure compliance with rules on independent contractors and sample analysis of whether your contract lawyer is an IC. [Page 47] The Long and Short of Retainers: One-page retainer agreement versus

multiple pages. Which works best for you and how do you decide what to leave in and what to take out? Take a look at how some attorneys have honed their agreements into a single page and how even a 10 page bar-association sanctioned agreement can get a haircut [Page XXX] Plus Inside/Outside the retainer agreement: When you are 3

The Art, Science and Ethics of the 21st Century Retainer Letter

including information about your firms policies and practices other than the scope of work or fees [Page 53] Draft versus Design: Today's lawyers draft documents, but increasingly,

design counts too. Learn more about trends in form design and how to incorporate these principles into your agreement [Page 61] iPad versus Legal Pad: Non-traditional ways to execute the retainer

agreement, as well as trends in document automation and ways to streamline execution of the retainer agreement. [Page 65] Heat of the Moment: What you can learn about your retainer agreement from

the science of heat maps and readability [Page 71] BONUS: Documents and forms, plus website terms of service, privacy policies

and outsourcing agreements.