Вы находитесь на странице: 1из 7

August 14, 2019

DR. RENE AND MRS. NENET JUANEZA


Owner
Commercial Building Project
B.S. Aquino Drive, Iloilo City

Dear Dr. Rene and Mrs. Nenet Juaneza,

Good day!

This is to formalize our law firm’s acceptance of your proposal to engage us in the drafting
of the Demand Letter against the contractor and representing you in court, in case the said
demand is not acted upon.

Let it be NOTED that our acceptance is only for the drafting of the demand letter and the
filing of the Complaint before the trial court. The appearance fee shall be subject to another
amount of 5,000 per hearing if within Iloilo City.

Please be informed that a separate appeal fee shall be charged in case of appeal or
evaluation of the case to a higher court or body. For the detailed terms and conditions, please see
the attached Retainer Agreement in this letter.

Thank you very much.


Truly Yours,

ATTY. GELIE ROSE P. FAMILLARAN


Managing Attorney
ET Reyes III and Associates

Noted:

ATTY. EDUARDO T. REYES, III


Senior Partner

ATTY. ALICE GARIN


Collaborating Counsel
7th Revised FORM- 07 June 2019
(WARNING!!! PRIVILEGED and CONFIDENTIAL. This material is part of attorney work-product. It is embraced within lawyer-client
privilege and cannot be used for any purpose without the written consent of the undersigned. If by any chance you get hold
of a copy of this contract, promptly return the same to the law office. Do not make any extra copies of the same. Any
information covered hereby shall not be disclosed to any person, natural or juridical. ANY ILLEGAL DISCLOSURE IS PUNISHABLE
BY LAW.)

Date: 14 August 2019


Name of Client: DR. RENE AND MRS. NENET JUANEZA
Address:
Email address:

Re: Retainer Agreement


Dear Dr. and Mrs. Juaneza,

This is to formalize our law office’s acceptance of your proposal for engagement of our
legal services re:

 Drafting of Demand Letter


 Filing of Case against the Contractor

Such acceptance is subject to the following terms and conditions, viz:

I. Fees

i. ACCEPTANCE FEE of Php 150,000.00 and is payable in the following terms:

50% upon sending of the Demand letter


50% through a post-dated check

ii. APPEARANCE FEE – Php 5,000.00 if within Iloilo City

A separate appeal fee shall be charged for appeal or evaluation of the case to a
higher court of body. Please see para. IV hereof.

a. Incidental Expenses.
Incidental expenses for travel to and from the court or government agency concerned
shall also be charged to the client on top of the stated appearance fee.

b. Acceptance Fees.
The Acceptance Fee shall be paid upon the signing of this contract.
For acceptance fees of larger amount, payment of the same may be subject to
installments. Due dates shall be agreed upon by the client/s and the firm upon the signing
of this contract.

Interest. Payments thru installment shall be strictly complied with by the client. Failure to pay
the same when the date agreed upon has fell due/lapsed, the amount due shall incur an
interest of (one percent) .01% per day from the date the payment is due until the said
payment is paid.

c. Appearance Fee and Expenses.


The client will be informed of the hearing as soon as notices are received by the law office.
The client will also be informed ahead of the estimated expenses for the hearing by text
(SMS), phone call or e-mail, whichever is practicable.

The appearance fee as well as the expenses has to be paid within a period of at least five
(5) days before the scheduled hearing.

Interest. Failure of the client to pay the appearance fee within the five-day period or even
during the hearing (which is a reasonable period), an interest of one percent (1%) per day
shall incur to the fees from the date the said payment is due until the said payment is paid.

1.c.1. Postponed cases. If the hearing is postponed or cancelled for any reason
other than the instance of the lawyer from the law office, the appearance fees must still be
paid in full.

1.c.2. However, if prior to the hearing, the lawyer from the law office receives timely
notice from the Court and he/she does not prepare for the hearing anymore, then no
appearance fee is billable. In such case, the amount paid in advance for expenses will be
refunded to the client.

1.c.3. Hearings which are postponed upon the instance of the lawyer will not be
charged.

d. Fees for drafting of pleadings.


Important motions or crucial oppositions, Memoranda, position papers and other
pleadings which may involve in-depth research and discussion of jurisprudence, case laws
or citation of authorities shall be subject to separate fees and will be billed by taking into
account the degree of difficulty of the legal issues involved, the depth of research needed
and the volume of transcripts and documents to be pored over and studied.

The fees that will be charged for the pleadings etc. will be detailed in a special billing
which must be paid within five (5) days from receipt of the billing.

Interest: Failure to pay the amount in full within the 5-day period, the amount due shall incur
an interest of one percent (1%) per day from the lapse of the 5-day period from the receipt
of billing until it is fully paid.
II. NOTE: Other conditions.

2.1. Exclusive use of pleadings. The law office keeps in store an updated digest of current
as well as past Supreme Court decisions which it will delve into for purposes of coming up
with authoritative pleadings, memoranda and/or position papers. In addition, the law
office will dig into other sources of applicable case law materials to solidify the client’s
pleadings, etc. Thus, all pleadings, affidavits, memoranda & position papers prepared by
the law office in connection with the cases herein contemplated shall be for the exclusive
use of the client and cannot be reproduced or copied for other purposes or other cases.
While the pleading etc. is prepared for the client, the research rights belong to the Law
Office.

2.2. Fees paid, non-refundable. All fees paid, which must be contained in an envelope, are
non-refundable (except the unused expenses for postponed cases). The fees paid are
deemed utilized upon payment because by the acceptance of the case, the lawyers
would have already spent a great deal of

effort in furtherance of the concerns of the case. Preferably, all fees must be paid in cash.
Payments in check will only be accepted if they are “dated” or “on-date” or payable on
the date the fee is due and demandable.

2.2.1. Witness rehearsals or interviews. Witness rehearsals or interviews shall be subject


to separate charges at the rate of ₱1,000.00 per hour. (However, this fee will be deemed
subsumed in case the fee for Judicial Affidavit is applicable).

2.2.2. Modes of Discovery. If the law office finds the need to avail of any of the
modes of discovery, appropriate time charges will be billed at the rate of ₱1,000.00 per
hour. (However, this fee will be deemed subsumed in case the fee for Judicial Affidavit is
applicable).

2.2.3. These hourly rates apply only for Iloilo City. Out of town depositions and
interviews will be billed depending upon the distance and the time. (See attached Rates).

2.4. Court/ Case related expenses. All court or case related expenses shall be for the
account of the client. They include, among many others, fees for service of summons, filing
fees, transcripts, photo copying of documents, travel, etc.

2.4.1. Bond for expenses. For the purpose of fluidity in the preparation of pleadings
and other paper works, the client is required to put-up a cash bond presently estimated at
₱10,000.00 which will be properly liquidated by the law office on a monthly basis.

2.5. Confidentiality. Client and lawyer shall be bound by strict confidentiality. Discussion of
confidential matters such as case strategies and procedures shall be considered part of
attorney work-product and shall not be relayed to other persons. Should the client wish to
avail of the services of other lawyers, he/ she must afford due courtesy to the attorneys of
the Law Office by allowing them to withdraw from the case first.
2.6. Non-payment of the above-agreed fees and violation of any of the terms hereof shall
constitute as ground for withdrawal of the law office as counsel and this agreement shall
serve as conformity to such withdrawal.

2.6.1. Unpaid Bills. The client will be sent statements of account periodically or as
frequent as necessary to the address of the client above-indicated. Such outstanding bills
have to be settled within five (5) days from receipt thereof. The amount payable shall incur
an interest of one percent (1%) daily, as further detailed above. Failure on the part of the
client to settle such bill and interests within a reasonable period of one (1) month, will
constitute as a violation of this agreement and will warrant the law office’s withdrawal as
counsel.

2.6.2. Questions as to billings. Any questions as to the billings have to be made within
five (5) days from receipt of the same.

2.7. Belated discovery of conflict of interest. At the time of the signing of this agreement, it
presupposes that the law office, to the best of its knowledge, has ascertained that it has no
conflict of interest. Should such conflict become manifest later or the conflict was created
by change of circumstance beyond the control of the law office, it may, for ethical
reasons, withdraw as counsel for the client.

III. CONFIDENTIALITY OF CASE RECORDS; CASE UPDATING

3.1. Updating upon the instance of client. The law office is legally and ethically bound to
safeguard the privileged nature and confidentiality of the client’s case file. In furtherance
thereof, only the following listed persons chosen by the client can inquire and ask for an
update and request for photocopies of any file in the case records. The client has to fill-out
their names, thus:

3.1.1. Name: ______________________ 3.1.2. Name:______________________


Relationship_________________ Relationship__________________

NOTE: Such persons designated must present one (1) valid ID with picture duly issued by a
government agency such as the SSS, LTO, BIR or the like when they request for an update.

Inquiries or requests for updating should be subject to prior appointments or arrangements.


The client or his/ her designated representative should call the law office at least one (1)
day before the intended date and time of request for an update so that an appointment
can be set and the case files can be made available.

Personal phone numbers of lawyers. The updating can only be done during office hours
and through the office phone numbers. The personal cellphone or home numbers of the
attorneys are withheld and cannot be contacted unless by personal arrangement with the
attorney concerned, the latter agrees to personally give his/ her home or cell phone
number.
3.2. Updating upon instance of law office. The address and telephone number that the
client has provided the law office as indicated above shall be his/her official address and
contact number in so far as this Office is concerned. For purposes of updating of any fresh
developments regarding the case, the law office will just send the notices to said address.
Any change of address has to be done by the client in writing and must be duly received
by the law office.

IV. LIFETIME/ EFFECTIVITY OF LAWYER-CLIENT RELATIONSHIP.

4.1. As a case may have different stages i.e., preliminary investigation in criminal
cases, trial in MTC or RTC, appeal to Court of Appeals and Supreme Court, the
acceptance fee is valid only for the stage indicated in page 1 hereof. In case of need for
appeal, the law office will inform the client in writing of the charges for appeal or elevation
to a higher court or body. If within five (5) days from receipt, the client fails to settle the
appeal fees and charges, it will be construed that the client does not want to appeal or
elevate his case anymore or he wants to do so with a different lawyer. Failure on the part of
the client to communicate with the law office despite several notices sent will mean that
the client is effectively terminating the lawyer-client relationship. Any lapse in the appeal or
filing of pleadings which requires the client’s participation will then be deemed waived.

V. APPOINTMENTS.

5.1. When an appointment with the law office is set, please come on time. If you
come late, your schedule may be given to other clients who are available.

VI. OTHERS.

6.1. The Attorney or Lawyer for your case is the entire Law Firm comprising of several
attorneys. In line with the best interest of the client, any of the attorneys may be tasked to
appear in any of the stages of the proceedings. However, the senior partner of the firm,
Atty. Reyes, III, will always be supervising and attending on the crucial stages.

Sincerely yours,

ATTY. GELIE ROSE P. FAMILLARAN


Managing Attorney
For the law firm

Noted:

ATTY. EDUARDO T. REYES, III


Senior Partner
ATTY. ALICE GARIN
Collaborating Counsel

I hereby certify that we have read thoroughly each and every paragraph and have
understood and am in total conformity to everything stated therein.

Client:

DR. RENE JUANEZA MRS. NENET JUANEZA