What is Legal Services Agreement Drafting?
A legal services agreement is a binding legal contract between an attorney and a client that outlines the rules for how legal work will be conducted.
It must specify the services provided by the attorney, payment structures, and other important terms to explain what’s required.
If you need to draft a legal services agreement, read the rest of this article for clarity about what information you should include in it and how a lawyer can assist you through the drafting process.
What Core Information Should You Include in a Legal Services Agreement?
Here are the key terms to include in a legal services agreement:
- Work scope. Detail all the work required, such as the exact legal tasks that will be provided by the lawyer.
- Payments. Outline how much the services will cost and what payment structure applies, such as if the attorney charges an hourly rate.
- Additional costs. There could be extra expenses that need to be included in the document for clarity, such as a contract review.
- Retainer. If a retainer payment applies to the agreement, specify the upfront deposit and how the retainer will work.
- Duties. Both parties have to fulfill certain obligations, such as that the client must pay on time and the lawyer must provide updates on the work progress.
- Termination. Either party can withdraw from the agreement, but how to navigate the process must be explained. Include post-termination obligations, such as the client settling any outstanding payments.
What are Tips for Drafting a Legal Services Agreement?
To ensure your legal services agreement is clear and protects your interests, consider some important drafting tips.
Define the Services
You need to describe what legal services the attorney will provide. Avoid any ambiguous wording such as “all legal matters” that don’t explain the services. Without a clear service description, you risk scope creep or paying for services you don’t actually require. For even further clarity, consider listing excluded services so that there’s no confusion.
Clarify the Fee Arrangement
Explain if fees are going to be charged hourly or as a flat fee. If you’re using a retainer, you want to provide details on how the arrangement will work, such as how much money is paid as a lump sum, what trust account will be used to hold the funds, and how funds will be replenished when required.
Include Additional Costs
You should state any additional expenses that could apply to the agreement to avoid hidden costs. For example, there might be filing fees, expert witness costs, or copying costs. Clearly state which party will be responsible for these payments.
Outline Client Duties
While the service scope usually includes information about what the attorney commits to providing under the agreement, you should also explain what responsibilities belong to the client. For example, they must provide accurate and truthful information and documents that the attorney needs to complete their tasks. These should be provided in a timely manner to prevent project delays.
Consider Confidentiality Clauses
You should specify that the client’s information is protected under the agreement. For example, the agreement could state that the attorney won’t share sensitive information with third parties and abide by professional standards.
Should You Hire a Lawyer to Draft Your Legal Services Agreement?
If you require a legal services agreement, it’s in your best interest to hire a lawyer to help you with the drafting process. A lawyer will help you by:
- Customizing the agreement to your specific situation. A lawyer will draft terms that match the services you need, instead of relying on a generic online contract template that can create information gaps.
- Preventing ambiguity. They’ll draft the agreement in clear, simple language so that both parties understand it.
- Structuring billing and fees. They’ll ensure that all payment terms, such as hourly rates, are properly addressed.
- Identifying potential risks in the arrangement. They’ll ensure that the final agreement contains provisions to prevent these risks, such as a clear work scope to prevent scope creep.
- Making the agreement legally compliant. A lawyer has legal knowledge to help you keep the agreement valid. They’ll account for state laws and other requirements.
- Setting clear expectations. A lawyer will draft expectations for both parties so that there’s no confusion.
- Explaining all terms. A lawyer will explain all agreement terms and consequences so that you feel confident when signing the agreement.
- Minimizing your dispute risk. By setting specific terms, a lawyer will reduce the risk of disagreements, which also strengthens your working relationship.
- Reviewing your agreement. If you’ve drafted a legal services agreement, you can hire a lawyer to conduct a thorough review of it to give you peace of mind.
Where to Find and Hire a Lawyer for Legal Services Agreement Drafting
If you’ve decided you want to work with a lawyer to draft a legal services agreement, you might wonder where to find one. Use an online legal platform that makes it easy to connect with a lawyer who’s reputable and experienced.
ContractsCounsel is one of the biggest online legal marketplaces that gives you access to a network of lawyers. All lawyers on the platform have been vetted.
If you need to ask a lawyer on the platform to draft your legal services agreement, here are the easy steps to follow from the comfort of your home.
- Go to the ContractsCounsel marketplace, where it’s free for clients to post their request or project.
- Select ‘One-time project’ and ‘Create or update contract.’ If you’d rather request a lawyer review, choose ‘Contract review.’
- Post your project. Include some details of what you need so you can match with the most suitable lawyers who can help you.
- Wait for bids. Receive multiple bids from lawyers directly on the platform, instead of having to find a lawyer.
- Review the lawyers’ information. You can go through the platform’s extensive lawyer data, such as their location, credentials, years of experience, field of expertise, and client ratings for previously completed projects on the platform.
- Hire a lawyer, who will draft your legal services agreement for a flat fee.