RETAINER AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This CONTRACT made and executed by and between: __Client__, a
domestic corporation duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, with principal office at _____________,
Philippines and represented in this act by its __Position__, __Name of Officer__,
(hereinafter referred to as the "CLIENT");
- and –
__Law Firm__, a law firm organized under and by virtue of the
laws of the Republic of the Philippines as a general professional partnership,
with principal office at _____________, Philippines, and represented in this act
by its Managing Partner, __Name of Managing Partner__, (hereinafter referred
to as the "LAW FIRM"
WITNESSETH: That –
WHEREAS, the LAW FIRM has offered its professional legal services to the
CLIENT and CLIENT agrees to retain the professional legal services of the
LAW FIRM under a retainership basis, subject to the terms and conditions
hereinafter stipulated:
NOW THEREFORE, for and in consideration of the mutual
covenants and agreements herein agreed upon, the CLIENT and the LAW FIRM,
by these presents, have entered, as they hereby enter, into a contract of services
whereby the LAW FIRM shall render legal services to the CLIENT, under the
following terms and conditions:
1. The term or duration of this contract shall be for one (1) year effective upon
signing of this agreement and shall automatically renewed on a year to
year basis unless either party pre-terminates the same upon serving a thirty
(30) day-prior written notice to the other party, without need of cause;
2. The LAW FIRM, while in the performance of its duties, shall be entitled
to a fixed monthly retainer fee of PESOS: __________________________
(P_________);
3. The LAW FIRM shall make itself available for ready consultation by the
CLIENT or its duly authorized officers in all matters or business requiring
legal advice and opinion affecting the said corporation in general. Written
opinions rendered by the LAW FIRM on matters affecting the
business and operations of the corporation shall be subject to
confirmations;
4. The LAW FIRM shall render documentation and notarial services to the
CLIENT as part of this retainership. Client documents shall be
notarized free of charge while documents requiring
the participation and signature of a party other than the Client shall be
subject to fees or charge at the following rates:
(Notarial Rates)
5. In case of extra-judicial foreclosure of mortgage endorsed to the LAW
FIRM by the CLIENT, the attorney's fees shall be at the rates provided as
follows:
(Rates of Legal Fees on Foreclosure)
6. In collection cases other than extra-judicial foreclosure of mortgage, the
attorney's fees shall be at the rates provided as follows:
(Rates of Legal Fees for Collection Cases)
7. The LAW FIRM shall handle other cases as referred to it by the CLIENT
for a fee that shall be determined by mutual agreement of the law
firm and the CLIENT, on a case to case basis, such as, but not limited to,
all suits or cases for or against the CLIENT,
including officers and employees of the CLIENT sued in their official
capacity;
8. The LAW FIRM shall not compromise or settle judicially or extra-
judicially any account, foreclosure proceeding or suit wherein the CLIENT
is a party, without the written consent and conformity of the CLIENT or
his duly authorized officer;
9. Routinary expenses for mailing of demand letters, pleadings to
court and copies thereof to adverse parties,
costs of photocopy of evidentiary documents, payment of stenographic
notes, costs of publications of notices, as well as filing fees and other legal
expenses in court and other appropriate government offices shall be for the
account of the CLIENT;
10.The LAW FIRM shall, whenever requested by the CLIENT take
immediate measures to investigate the facts and ascertain the legal
position of the CLIENT concerning any accidents, claim or
liability, and shall on such cases do what may be required for the
protection of the CLIENT. The LAW FIRM may represent the CLIENT in
all suits and proceedings pending or which may be pending in Bacolod
City or its environs wherein the CLIENT is a party, or its rights or interest
are involve, at the direction of the CLIENT;
11.The LAW FIRM shall keep in its office a docket of record in which it
shall cause to be recorded all proceedings connected with nay action which
the CLIENT is interested and shall keep such other records necessary to
preserve a complete history of the business of the CLIENT entrusted to its
charge. Said docket and records shall be subject to the
inspection and control of the CLIENT or his representative;
12.The LAW FIRM shall submit to the CLIENT at least once every quarter or
as often as required, written reports on all pending matters handled by the
LAW FIRM for the CLIENT;
13.The LAW FIRM, in addition to the herein enumerated services, shall
well and faithfully serve the CLIENT and shall at all times devote its
whole time and attention to the assignments and tasks given and/or
entrusted to it by the CLIENT and shall do and perform all such services,
acts and things connected therewith as the CLIENT shall from time to time
direct; nor shall the LAW FIRM at any time get itself in a situation where
a conflict of interest may arise between those of the CLIENT and the
LAW FIRM and/or its CLIENTS;
14.The LAW FIRM shall not, either during the term of this contract or any
time thereafter, use or disclose to any person, office, corporation or entity
any confidential information concerning the affairs of the CLIENT which
he nay have acquired in the course of or as incident to this contract for its
own benefit, or to the detriment or probable detriment of the CLIENT;
15.It is understood and agreed that nothing in this contract shall be construed
as establishing the relationship of employer-employee between the
CLIENT and the LAW FIRM, including its personnel;
16.Any violation of the terms and conditions of this contract by the LAW
FIRM shall give the CLIENT the option to rescind or cancel immediately
the contract without necessity of judicial proceedings;
17.The CLIENT reserves the right to terminate this Agreement without
need of cause or reason upon thirty-day written notice to the LAW FIRM.
IN WITNESS WHEREOF, the parties have signed this instrument this
_____________ at _____________, Philippines.
CLIENT LAW FIRM
By: _____________By: Managing Partner
SIGNED IN THE PRESENCE OF
_________________ _________________
REPUBLIC OF THE PHILIPPINES)
CITY OF DAVAO ) SS.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Davao, personally
appeared TUNY S. PARKIR with Passport number 45789 issued on July 20,
2018 at Davao City and Tax Identification Number (TIN) 761941 and GURDUN
E. HIYWARD Passport number ET-785789 issued on July 22, 2018 at Davao
City and Tax Identification Number (TIN) 194112, known to me and to me
known to be the same person who executed the foregoing instrument which he
acknowledged to me to be his free and voluntary act and deed, consisting of two
(2) pages, including this page in which this Acknowledgement is written.
WITNESS MY HAND AND SEAL this 16th of January, 2020 at Davao
City, Philippines.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2020;
