The Non-Refundable Retainer Agreement is essential for legal service providers in Hong Kong who wish to secure commitment from clients while ensuring guaranteed compensation for reserved time and resources. This document is typically used when a law firm or lawyer requires an upfront payment that will not be returned, regardless of whether all services are utilized. It's particularly relevant in high-demand practice areas or when dealing with complex matters requiring significant resource allocation. The agreement must comply with Hong Kong's legal framework, including the Legal Practitioners Ordinance and professional conduct rules. It should clearly articulate the scope of services, payment terms, and explicitly state the non-refundable nature of the retainer while maintaining fairness and transparency in the attorney-client relationship.
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1. Parties: Identification of the law firm/lawyer and the client, including full legal names and addresses
2. Background: Context of the engagement and purpose of the retainer arrangement
3. Definitions: Key terms used in the agreement, including 'Retainer Fee', 'Services', and 'Matter'
4. Scope of Services: Detailed description of legal services covered under the retainer
5. Retainer Fee and Payment Terms: Amount of retainer, payment schedule, and explicit statement of non-refundable nature
6. Non-Refundable Nature of Retainer: Clear explanation of why the retainer is non-refundable and how it differs from traditional retainers
7. Billing and Additional Charges: How time will be billed, rates, and charges beyond the retainer amount
8. Client Obligations: Client's responsibilities including providing information and maintaining communication
9. Term and Termination: Duration of agreement and circumstances for termination
10. Confidentiality: Obligations regarding confidential information and client privilege
11. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
1. Conflict of Interest: Procedures for identifying and handling potential conflicts - include when firm has multiple clients in related industries
2. Alternative Fee Arrangements: Include when offering hybrid fee structures beyond the standard retainer
3. Multiple Matters Handling: Include when retainer covers multiple legal matters or projects
4. File Retention and Destruction: Include when specific file retention policies need to be addressed
5. Intellectual Property Rights: Include when services involve IP-related work or creation of materials
6. Force Majeure: Include when specific provisions for unforeseen circumstances are necessary
7. Assignment and Delegation: Include when there's possibility of work being delegated to other lawyers or firms
1. Schedule A - Scope of Services Detail: Detailed breakdown of specific legal services covered under the retainer
2. Schedule B - Fee Schedule: Detailed breakdown of fees, hourly rates, and billing increments
3. Schedule C - Authorized Representatives: List of client personnel authorized to give instructions and receive advice
4. Schedule D - Excluded Services: Specific legal services explicitly excluded from the retainer arrangement
5. Appendix 1 - Terms and Conditions: Standard terms and conditions of the law firm's engagement
6. Appendix 2 - Communication Protocol: Procedures for routine communications and escalation protocols
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