The Retainer Letter serves as the foundational document for establishing professional service relationships under Austrian law. It is typically used when engaging legal or professional services on an ongoing basis or for specific matters. The document must comply with Austrian legal requirements, particularly the RAO (Austrian Attorneys Act), the ABGB (Austrian Civil Code), and when applicable, consumer protection laws. The Retainer Letter includes crucial information about service scope, fee arrangements, communication protocols, confidentiality obligations, and data protection measures. It provides clarity and legal certainty for both the service provider and the client, while meeting regulatory requirements for professional engagements in Austria.
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1. Letterhead and Date: Law firm's official letterhead including registration details, contact information, and date
2. Client Details: Full name and address of the client
3. Engagement Confirmation: Clear statement of the nature and scope of legal services to be provided
4. Professional Team: Introduction of the primary attorney(s) and key team members responsible for the matter
5. Fee Structure: Detailed explanation of billing rates, retainer amount, payment terms, and billing frequency
6. Time Recording and Billing: Explanation of time recording methods and billing procedures
7. Client Communication: Communication protocols and primary points of contact
8. Confidentiality: Commitment to professional confidentiality and handling of client information
9. Conflict Check: Confirmation of conflict check completion and results
10. Document Retention: Policy on retention of client documents and files
11. Termination: Terms and procedures for terminating the engagement
12. Signature Block: Space for client acknowledgment and attorney signature
1. Anti-Money Laundering Compliance: Required when dealing with new clients or specific transaction types, outlining AML verification requirements
2. Foreign Law Disclaimer: Needed when matters might touch upon foreign jurisdictions
3. Specific Project Scope: Detailed project scope for specific matters beyond general retention
4. Third Party Costs: Include when external costs or expert fees may be required
5. Insurance Coverage: Details of professional liability insurance when required by specific clients
6. Data Protection: Detailed GDPR compliance section when handling personal data is a significant part of the engagement
7. Successor Counsel: Procedures for transferring files to new counsel, if requested by institutional clients
1. Fee Schedule: Detailed breakdown of hourly rates, fixed fees, or alternative fee arrangements
2. Scope of Services: Detailed description of included and excluded services when the scope is complex
3. General Terms and Conditions: Firm's standard terms and conditions referenced in the main letter
4. Power of Attorney: Standard power of attorney form when required for representation
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