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Joint Retainer Agreement

Joint Retainer Agreement Template for Philippines

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Key Requirements PROMPT example:

Joint Retainer Agreement

"Need a Joint Retainer Agreement under Philippine law for three tech companies entering a joint venture, with specific provisions for intellectual property sharing and quarterly billing arrangements starting March 2025."

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Document background
The Joint Retainer Agreement is a crucial document used in the Philippine legal services context when multiple clients seek joint representation from a law firm or attorney for a shared legal matter. This document becomes necessary in various scenarios such as joint ventures, family business matters, or multiple-party transactions where aligned interests require unified legal representation. The agreement must comply with Philippine legislation, including the Civil Code, the Code of Professional Responsibility, and relevant Supreme Court regulations. It typically includes detailed provisions on service scope, fee arrangements, conflict management, confidentiality, and information sharing protocols. The document serves to protect all parties' interests while ensuring transparent and ethical legal representation in accordance with Philippine law.
Suggested Sections

1. Parties: Identification of the law firm/attorney and all joint clients, including complete legal names and addresses

2. Background: Context of the joint representation, including the matter requiring legal services and the relationship between the joint clients

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Joint Matter', 'Conflicts of Interest', and 'Confidential Information'

4. Scope of Services: Detailed description of legal services to be provided, specifically addressing how services will be rendered to multiple clients

5. Joint Representation Terms: Specific provisions governing the joint nature of the representation, including information sharing and decision-making processes

6. Fees and Payment Terms: Fee structure, payment obligations, and allocation of costs between joint clients

7. Conflicts of Interest: Acknowledgment and waiver of potential conflicts between joint clients, and procedures for handling future conflicts

8. Confidentiality: Provisions regarding confidentiality, including information sharing between joint clients and third-party disclosure restrictions

9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated by any party

10. General Provisions: Standard contractual provisions including governing law, amendments, and notices

Optional Sections

1. Alternative Dispute Resolution: Optional section for specifying mediation or arbitration procedures, recommended for complex joint representations

2. Successor Counsel: Provisions regarding transition to new counsel, recommended when dealing with ongoing matters

3. Insurance Requirements: Specifications regarding professional liability insurance, relevant for high-value representations

4. Electronic Communications: Provisions regarding use of email and other electronic communications, recommended for modern practice

5. Force Majeure: Provisions for unforeseen circumstances affecting service delivery, particularly relevant post-COVID

6. Data Privacy Compliance: Specific provisions regarding compliance with the Data Privacy Act, recommended for matters involving sensitive personal information

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of fees, hourly rates, and cost allocation between joint clients

2. Schedule B - Scope of Services: Detailed description of specific services to be provided and any excluded services

3. Schedule C - Authorized Representatives: List of individuals authorized to give instructions on behalf of each joint client

4. Appendix 1 - Conflict Waiver: Detailed conflict waiver document to be signed by all joint clients

5. Appendix 2 - Communication Protocols: Specific procedures for communications between counsel and joint clients

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Corporate Services

Real Estate

Banking and Finance

Manufacturing

Construction

Family Business

Technology

Energy

Infrastructure

Relevant Teams

Legal

Compliance

Corporate Secretariat

Risk Management

Finance

Executive Leadership

Business Development

Operations

Corporate Affairs

Relevant Roles

General Counsel

Legal Director

Corporate Secretary

Chief Legal Officer

Managing Partner

Senior Partner

Legal Operations Manager

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Business Development Director

Risk Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, obligations, and general civil relations in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, which provides the basic framework for contract formation, validity, and enforcement.
Code of Professional Responsibility: Governs the conduct of lawyers in the Philippines, including rules on attorney-client relationships, legal fees, and professional ethics. Particularly relevant for terms regarding scope of services and fee arrangements.
Rules of Court of the Philippines: Contains provisions on attorney-client relationships, particularly Rule 138 on Attorneys and Admission to Bar, which governs the practice of law and attorney's fees.
National Internal Revenue Code (NIRC): Relevant for tax implications of legal fees, including VAT requirements and income tax considerations for professional services.
Anti-Money Laundering Act (AMLA): Lawyers must comply with AMLA requirements when accepting retainers and fees, including proper documentation and reporting of transactions above certain thresholds.
Data Privacy Act of 2012 (Republic Act No. 10173): Relevant for handling client information and confidentiality provisions in the retainer agreement, ensuring compliance with data protection requirements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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