The Retainer Letter is a crucial document used in the Maltese legal services industry to formalize ongoing professional relationships between legal service providers and their clients. It serves as the foundation for long-term legal service arrangements, typically used when a client requires regular access to legal services or ongoing legal support. The document must comply with Maltese legal requirements, including provisions of the Civil Code (Chapter 16), professional conduct regulations, and relevant EU legislation. A well-drafted Retainer Letter includes essential elements such as scope of services, fee structures, confidentiality obligations, and termination provisions, while also addressing specific Maltese legal requirements such as anti-money laundering compliance and data protection measures. This document is particularly important in Malta's growing financial services and gaming sectors, where ongoing legal support is often required.
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1. Letterhead and Date: Professional letterhead including firm details, address, contact information, and date
2. Client Details: Full name and address of the client
3. Subject Line: Clear indication that this is a retainer engagement letter
4. Salutation: Professional greeting to the client
5. Engagement Confirmation: Clear statement confirming the firm's acceptance to represent the client
6. Scope of Services: Detailed description of legal services to be provided under the retainer
7. Fee Structure: Clear explanation of retainer fee, billing rates, and payment terms
8. Term and Renewal: Duration of the retainer agreement and renewal terms
9. Client Responsibilities: Outline of client's obligations including information provision and cooperation
10. Confidentiality: Statement regarding confidentiality obligations and handling of client information
11. Termination: Conditions and process for terminating the retainer relationship
12. Acceptance: Request for client's confirmation and signature
13. Signature Block: Space for signatures of both parties
1. Conflict of Interest Statement: Required when there are potential conflicts that need to be disclosed and addressed
2. Team Structure: Include when multiple lawyers/professionals will be handling the client's matters
3. Special Fee Arrangements: Used when offering custom billing arrangements or special rate structures
4. Anti-Money Laundering Notice: Required for high-risk clients or when dealing with significant financial transactions
5. Data Protection Notice: Detailed GDPR compliance information, required when handling personal data
6. Jurisdiction Clause: Include when client is based outside Malta or cross-border services are involved
7. Professional Indemnity Insurance: Details of coverage, included when requested by client or for high-value engagements
1. Schedule A - Fee Schedule: Detailed breakdown of hourly rates, retainer amounts, and billing increments
2. Schedule B - Scope of Services: Detailed description of included and excluded services under the retainer
3. Schedule C - General Terms and Conditions: Standard terms and conditions of engagement
4. Schedule D - Team Profile: Biographies and contact information of key team members
5. Appendix 1 - Client Due Diligence Requirements: List of required KYC documents and compliance information
6. Appendix 2 - Data Protection Policy: Detailed privacy policy and data handling procedures
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