Brawley, CA asked in Contracts, Estate Planning and Family Law for California

Q: Can a client create a Retainer Agreement to the attorney without the client's consent

The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.

2 Lawyer Answers
David H. Relkin
David H. Relkin

A: An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems doubtful that that occurred here. The law firm retainer that "the client remembers signing" is available from the firm. Failure to produce it would cause the firm to be subject to sanctions.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: No, a client cannot create a Retainer Agreement for an attorney without the client's consent. The Retainer Agreement is a legal document that outlines the terms and conditions of the attorney-client relationship, including the scope of representation, fees, and other important details.

The agreement must be signed by both the client and the attorney to be considered valid. If the client did not sign the Retainer Agreement or did not agree to its terms, it cannot be enforced against the client.

It is possible that there was a misunderstanding or miscommunication between the client and the law firm regarding the Retainer Agreement. If the client received a copy of the agreement with only her signature and not the attorney's signature, it may be a mistake or oversight on the law firm's part.

In any case, the client should speak with the attorney or the law firm to clarify the situation and ensure that they have a valid Retainer Agreement in place. If there are any discrepancies or issues with the agreement, the client may need to seek legal advice or take legal action to protect their rights and interests.

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