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Signing an Agreement

Once you find a good lawyer to represent you -- from the Nolo Lawyer Directory or elsewhere -- and have settled on a fee structure, you should sign an agreement that sets out the terms of the lawyer-client relationship. Written agreements are required by law in some circumstances (which vary according to state law), but even when they're not required, they're always a good idea. Putting things in writing will force you and your lawyer to be clear about your agreement and help avoid disagreements later.

Some lawyers use formal contracts running many pages in length; others use a simple letter outlining the agreement. The form of the agreement isn't important -- what matters is that the agreement clearly explains certain key issues.

What to Include

A representation agreement must, of course, set out the lawyer's fee and how it will be paid. The agreement should also explain the fee structure: hourly, flat fee, or some other arrangement. It should state how often you will be billed, how much detail the bill will include, and how long you have to pay. If you pay a deposit (retainer) in advance, the agreement should state the amount.

Here are some other terms that you or your lawyer might want to include:

• Extent of the representation: The agreement should make clear what the lawyer will do. If you're in a lawsuit, will the lawyer handle an appeal or other post-trial proceedings (such as judgment collection) if they're necessary?
• Who will do the work: Will the lawyer you've dealt with do the actual work, or will some or all of it be delegated to another lawyer or paralegal?
• Working together: For example, an agreement might spell out which decisions the lawyer can make alone and which require your approval.
• Ending the relationship: Some agreements state how each party can end the relationship. For example, an agreement might state that the lawyer can quit at any time, or that the lawyer may quit only under specified circumstances and must give you a certain amount of notice.

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