Retainer Agreement
Retainer Agreement
- and -
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:
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;
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 a corresponding fee of SIX HUNDRED PESOS
(Php 600.00) per page.
For services rendered in collection cases, the LAW FIRM shall be entitled
to: Attorney's fees hereby fixed at FIFTEEN PERCENT (15%) of the total
indebtedness then unpaid, which in no case shall be less than P20,000.00,
exclusive of all costs and fees allowed by law, and the expenses of collection, as
rents, and profits derived from the mortgaged property/ies or from the proceeds
realized from the sale of said property/ies and this mortgage shall likewise stand
as security therefore.
For services rendered in collection cases, the LAW FIRM shall be entitled
to: (1) TEN PERCENT (10%) of the amount actually collected for and in behalf
of the client, if the account is settled and/or obligation is paid extra-judicially or
after the issuance of demand letters, office/personal negotiations and/or follow-
up calls; and, (2) TWENTY PERCENT (20%) of the amount actually collected
if the account is settled and/or obligation is paid after the institution of a civil,
criminal or administrative action but prior to the pre-trial/preliminary conference
or if settled through the mediation procedure; and, finally, (3) TWENTY FIVE
PERCENT (25%) of the amount actually collected, if ever the collection is
effected through judicial means or by way of prosecution of civil, criminal or
administrative cases in an actual pre-trial and/or trial. In any case, the LAW
FIRM may request for “working capital” for advanced expenses in the institution
of the proper criminal, civil or administrative case that will be deductible to the
amount represented by the above-stated percentages upon the
collected/collectible amount, as an advance payment thereof.
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;
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 any 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, 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;
13.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 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;
14.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;
15.The CLIENT reserves the right to terminate this Agreement without need of
cause or reason upon thirty-day written notice to the LAW FIRM.
By: By:
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in personally appeared: the City
of Bacolod, Negros Occidental, this 10th day of June, 2021, the following
appeared with their Tax Identification Numbers, to wit;
ID NO. DATE/PLACE
ISSUED
KRIZELDA A. Tax Identification No. August 20, 1999/
SUNICO 389-837-298 Bacolod City
DIJEA D. BAYONETA Tax Identification No. October 27, 1990/
910-281-820 Bacolod City
LESLEY B. UY Tax Identification No. July 27, 2000/ Bacolod
342-634-362 City
HARLEY JAMES C. Tax Identification No. October 20, 1992/
LEE 518-326-122 Bacolod City
This instrument, consisting of five (5) pages, including the page on which
this acknowledgment is written, has been signed on the left margin of each and
every page thereof by the concerned parties and their witnesses, and sealed with
my notarial seal.