Expat Protection - Travel Protection Insurance and Services For Expats and World Travelers

Philippines Law Retainer Agreement


RETAINER CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT made and executed by and between:

EXPAT PROTECTION LLC, a domestic Limited Liability Corporation duly organized and existing under and by virtue of the laws of the United States Of America, with principal office at 1101 Rivers Bend Ln. Little Elm TX 75068, and represented in this act by its Owner, Robert Gartside, (hereinafter referred to as the "CLIENT");

- and –

, 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,  (hereinafter referred to as the "LAW FIRM"

DEFINITION OF TERMS:

  1. “MEMBER” – A person who has joined the CLIENTS membership service and has a current, good standing, active paid subscription
  2. “EXPAT PROTECTION AGENT” or “AGENT” – A person employed by Expat Protection holding the staff title of Agent, Operator, Staff, Manager, Associate, Employee, Director or Owner.

WITNESSETH:

WHEREAS, the LAW FIRM has offered its professional legal services to the CLIENT and the latter agrees to retain the professional legal services of the LAW FIRM under a retainership and billable minutes 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 parties, 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 extending to the CLIENT’s MEMBERS, under the following terms and conditions:

 

  1. TERM - This contract shall be for one (1) year effective upon signing of this agreement and shall be 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. Provided, that any violation of the terms and conditions of this contract by the LAW FIRM shall give the CLIENT or MEMBER the option to rescind or cancel immediately the contract without necessity of judicial proceedings. Provided, that in cases the pre-termination or breach was committed by the LAW FIRM, the latter shall render the service as hereinafter enumerated until the billable minutes commensurate to the remaining retainer fee shall have been consumed, only until then that this contract shall be considered as terminated.
  2. RETAINER FEE - The LAW FIRM, while in the performance of its duties, shall be entitled to an Initial retainer fee of PESOS: Five Thousand Pesos (₱ 5,000.00 ).This amount shall be considered as billable minutes and any services rendered by the Law Firm Shall be creditable therefrom. If the amount has been depleted to ₱1,000.00 or lesser, the CLIENT shall replenish the retainer without delay by one of the provided modes of payment listed by the CLIENT and chosen by the Law Firm inside the CLIENTS website ExpatProtection.org.
  3. HOURLY RATE - The LAW FIRM, while in the performance of its duties will be paid an hourly rate of PESOS: (₱  ), billable in permissible minute increments.
  4. BILLABLE MINUTES - Permissible billable minutes is structured as follows:Before rendering any minutes to a MEMBER, it is the responsibility of the LAW FIRM to verify the MEMBER has available billable minutes by checking the Members Profile on the CLIENTS website at ExpatProtection.org. If there are no allowed minutes for a MEMBER, the LAW FIRM agrees that any services or minutes rendered to that MEMBER are the sole responsibility of the MEMBER to pay any bills or fees and not the responsibility of the CLIENT.
    1. A MEMBER of the CLIENT is assigned and afforded a specific number of billable minutes per month by the CLIENT to be expended with the LAW FIRM. These minutes expended by a MEMBER to the LAW FIRM are to be paid for by the CLIENT to the LAW FIRM at an hourly rate described above billable in minute increments.
    2. Additional minutes used by a MEMBER after fully expending the monthly assigned minutes given to the MEMBER by the CLIENT are considered “OVERAGE MINUTES”. These OVERAGE MINUTES shall be the responsibility of the MEMBER and paid for directly by the MEMBER to the LAW FIRM and are not the responsibility of the CLIENT. The LAW FIRM will charge the same hourly rate stated above for OVERAGE MINUTES to the MEMBER, in conjunction with the Payment Discount Scale, hereinafter provided.
    3. Minutes spent by the LAW FIRM in preparing written opinions, electronic or otherwise, shall be included in the computation of billable minutes.
  5. EMERGENCY SERVICES
    1. An Emergency is defined as a MEMBER being: arrested, detained, incarcerated, in a physical altercation with another person(s), medical situation, Physical or vehicular accident, death, or grave financial grievance. the LAW FIRM will act immediately to let all authorities, governing agents, businesses or persons involved know that they representing and protecting the MEMBER(s) and immediately represent the MEMBER(s) accordingly.
    2. An Emergency contact number must be kept on file for the LAW FIRM with the CLIENT. Upon an Emergency call the LAW FIRM agrees to answer and address the emergency immediately. 
    3. Fees for an Emergency Call will be in the amount of ₱3000.00 Pesos to be deducted from the Retainer balance.
      Continuing Services for a MEMBER by the LAW FIRM are governed by the BILLABLE MINUTES Clause in this agreement.
  6. PAYMENT DISCOUNT SCALE - A discount will be guaranteed to the MEMBER for billable minutes owed to the LAW FIRM based on the MEMBERS membership level. The current discount rates will be posted on the CLIENTS website and are subject to change at the discretion of THE CLIENT.
  7. PAYMENT METHOD - The CLIENT will provide an easy tool that allows the LAW FIRM to check and ensure that the MEMBER has active assigned billable minutes that can be used and paid for by the CLIENT before rendering any service to the MEMBER. This tool can be found on the CLIENT’s website ExpatProtection.org The CLIENT will provide a simple billing tool for the LAW FIRM to bill and receive payment from the CLIENT. Billable minutes will have payment disbursement once a week to the LAW FIRM for all billable minutes that are the responsibility of the CLIENT.
  8. SERVICES TO BE RENDERED BY THE LAW FIRM TO THE CLIENT- The LAW FIRM shall make itself available in accordance with the stipulated Permissible billable minutes assigned to MEMBERS or the initial retainer fee for the CLIENT, respectively. The LAW FIRM shall be ready for consultation by the CLIENT or it’s duly authorized Officers, Agents, or Affiliate, and by the MEMBERS. The LAW FIRM shall render legal advice, assistance, protection and opinion affecting an authorized Officer, AGENT, or Affiliate in good standing of the CLIENT,  in all matters or business related with Limited Liability Company in general. Written opinions rendered by the LAW FIRM on matters affecting the business, its MEMBERS and/or operations of the corporation shall be subject to confirmations.
  9. SERVICES TO BE RENDERED BY THE LAW FIRM TO THE MEMBERS – The service that will be rendered will be limited to the giving of legal advice and assisting the MEMBER concerned without obligation on the law firm to handle a particular case. The LAW FIRM shall render legal assistance to the MEMBERS within the province/s of . Travel time from and to in meeting the MEMBER shall be considered as billable minutes and shall be credited from the MEMBER’s allotted minutes; However, the Law Firm may extend its legal services to the MEMBER beyond what are stated in the preceding paragraphs by mutual agreement of the parties. The fee shall be the sole responsibility of the MEMBER and only until then that a lawyer-client relationship shall commence between the MEMBER and the Law Firm. The parties are advised to execute a separate retainer agreement on the handling of the case. In cases of extra-judicial foreclosure of mortgage and other collection cases, the LAW FIRM shall be entitled to the Attorney’s fees of twenty percent (20%) of the total amount recovered or total area recovered or the latter’s equivalent in cash, at the option of the MEMBER.
  10. ADDITIONAL NO OBLIGATION CLAUSE - The LAW FIRM has no obligation to provide legal services to a MEMBER who has no allotted billable minutes, unless, an EXPAT PROTECTION AGENT directs the Law firm with an approved case number provided by the AGENT to the LAW FIRM and the MEMBER. In which case, minutes billable will be satisfied by deducting from the initial retainer fee previously paid. If the retainer fee is fully expended, additional minutes owed on an approved tracking number case will be paid for by the CLIENT until the CLIENT notifies the LAW FIRM to cease work previously directed by the EXPAT PROTECTION AGENT.
  11. RATE OF NOTARIZATION - The LAW FIRM shall render documentation and notarial services to the CLIENT and/or MEMBERS as part of this retainership. Client’s documents shall be notarized free of charge. However, documents requiring the participation and signature of a party other than the Client such as deeds of conveyances, transfers and mortgages shall be subject to fees or charges in accordance with Integrated Bar of the Philippines rates of the local chapter and is the sole responsibility of the MEMBER to pay these fees directly to the LAW FIRM. Additionally wherein the LAW FIRM may give a discount governed by the membership level discount described above. Any and all Fees are charged to and the responsibility of the MEMBER and the LAW FIRM is responsible for collecting directly from the MEMBER. The LAW FIRM may seek assistance from the CLIENT in collection fees from MEMBERS.
  12. OBLIGATIONS OF THE LAW FIRM
    1. The LAW FIRM shall handle other cases referred by the CLIENT for a fee that shall be determined by their mutual agreement, 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.
    2. 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 MEMBER of the CLIENT and not billed directly to the CLIENT. They are the obligation of the MEMBER, and are due before any processing begins.The LAW FIRM may seek assistance from the CLIENT in collection fees from MEMBERS.
    3. The LAW FIRM shall not compromise or settle judicially or extra-judicially any case wherein the CLIENT or MEMBER is a party, without the written consent and conformity of the CLIENT or MEMBER or his duly authorized representative;
    4. The LAW FIRM shall, whenever requested by the CLIENT or MEMBER take immediate measures to investigate the facts and ascertain the legal position of the CLIENT or MEMBER concerning any accident, claim or liability, and shall on such cases do what may be required for the protection of the CLIENT or MEMBER.
    5. Upon any detainment or incarceration of the CLIENT or its MEMBER in the LAW FIRMS’ registered or listed City or Province, the LAW FIRM will take immediate action to meet a minimum of 1 time with the party detained or incarcerated and try settle the dispute. The minutes used during this first meeting are billed directly to the CLIENT even if the MEMBER has no minutes allowable minutes for the month. If the dispute or matter can not be settled with in 2 hours of the initial meeting, this dispute will then become labeled an "ON-GOING MATTER" and continued representation is at the discretion of the MEMBER. All billable fees and minutes for an "ON-GOING" matter are the sole responsibility of the MEMBER and collection of fees and bills are the responsibility of the LAW FIRM to collect from the MEMBER. The LAW FIRM may seek assistance from the CLIENT in collecting fees from MEMBERS.
    6. The LAW FIRM may represent the CLIENT or MEMBER in all suits and proceedings pending or which may be pending in the LAW FIRMS’ registered or listed City or Province, wherein the CLIENT or MEMBER is a party, or its rights or interest are involved, at the direction of the CLIENT or MEMBER. The fee for such service shall be determined by mutual agreement of the parties.
    7. The LAW FIRM shall keep in its office a docket of record in which it shall cause to be recorded all proceedings connected with any action which the CLIENT or MEMBER is interested and shall keep such other records necessary to preserve a complete history of the business of the CLIENT or MEMBER entrusted to its charge. Said docket and records shall be subject to the inspection and control of the CLIENT or MEMBER or his representative;
    8. The LAW FIRM shall submit to the CLIENT or MEMBER at least once every quarter or as often as required, written reports on all pending matters handled by the LAW FIRM for the CLIENT or MEMBER;
    9. The LAW FIRM, in addition to the herein enumerated services, shall well and faithfully serve the CLIENT or MEMBER and shall devote its time and attention to the assignments and tasks given and/or entrusted to it by the CLIENT or MEMBER and shall do and perform all such services, acts and things connected therewith as the CLIENT shall from time to time direct;
    10. 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 or MEMBER which he may 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 or MEMBER;
  13. OBLIGATION OF THE CLIENT AND MEMBERS – The CLIENT and MEMBERS shall furnish all information, pertinent documents and other papers of evidentiary value for a better appreciation of the issues, effective legal advice to be rendered, and case build up and profiling.
  14. RESPONSIBILITY OF THE LAW FIRM IN CASE OF CONFLICT OF INTEREST - Conflict of interest arises only and will bar the LAW FIRM from representing and advising third persons and MEMBERS if the claim or cause of action has a direct relation to the matters referred by a MEMBER to the Law Firm or against the interests of the CLIENT. This agreement shall not bar the LAW FIRM from accepting cases or rendering legal services to any MEMBER or third person who has claim against another MEMBER. Even if the latter may have sought the legal advice of the Law firm but the same has no direct relation to the claim or interest of such other MEMBER or third person.
  15. NO EMPLOYER-EMPLOYEE RELATIONSHIP - It is understood and agreed that nothing in this contract shall be construed as establishing the relationship of employer-employee between the CLIENT or MEMBER and the LAW FIRM, including its personnel.
  16. NO GUARANTEE CLAUSE - Consistent with its standing policy, the LAW FIRM does not guarantee, as it cannot guarantee, that any undertaking will yield favorable results to the CLIENT nor to MEMBERS at all times. Neither does it assure, as it cannot assure, that cases will be terminated within a specific period of time.
  17. 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

 

Leave this empty:

Signature arrow


Signature Certificate
Document name: Philippines Law Retainer Agreement
lock iconUnique Document ID: 6072348a6ea4082fb0d2b78392d6cd021423b074
Timestamp Audit
July 19, 2018 8:32 am ESTPhilippines Law Retainer Agreement Uploaded by Robert Gartside - expatprotection@gmail.com IP 49.150.224.142