RETAINER AGREEMENT

By this agreement dated the..................... day of .................2017

BETWEEN:

EZEKIEL CHIGOZIE Esq.  whose office address, (Oracle Chambers) is located at Suit 57 – 59 New Face Stadium Plaza, Behind Relief Market Owerri, Imo State (hereinafter referred to in this agreement as Attorney). 

AND:               

MR. RICHARD UWAH of No. 2 Bishop Whellam Street, Ikenegbu, Owerri Imo State (hereinafter referred to in this agreement as the "Client")

PREAMBLE

THIS AGREEMENT is made pursuant to the management of the Client’s building/estate located at No. 2 Bishop Whellam Street, Ikenegbu, Owerri Imo State, which said estate management offer has been orally made before now to the Attorney by the Client, and the Attorney accepted same subject to this now formal agreement.  

TAKE NOTICE that this document, once signed by parties, shall be the Engagement Letter and Retainer Agreement.

It is the understanding that parties have reviewed a draft of this Agreement in advance and had time to carefully consider the terms hereof and to obtain independent legal advice, where appropriate regarding the nature and effect of this Agreement.

Scope of Employment

In the course of Attorney’s representation of the Client, Attorney will provide reports and updates to client on an interim basis when matters are active. 

Client authorize Attorney to do all things necessary relating to the legal matters affecting the said properties, all for the protection of the Client’s interest, and to act as the Client’s solicitors in achieving client’s  legal goals as efficiently as possible.  

It is agreed that the scope of employment of the Attorney shall be as it generally relates to the prudent management of the Client’s aforesaid real property which includes; all legal matters handled by Attorney on behalf of the Client, including those instructed by the Client from time to time; all advice in relation to the Client and his aforesaid concern;  all contracts, negotiation, proposals and other obligations of the Client including meetings, drafting and execution of documents, attendance of all court, administrative body or other proceedings in representation of the Client, including all hearings, examinations for discovery, research, instituting proceedings, prosecuting proceedings and all legal representation related thereto and other services in relation to the foregoing.

Fees

CLIENT is principally responsible for attorney fees resulting from this representation and shall;

a.   Basically pay over to the Attorney, a basic sum amounting to 7% of the annual rent of each tenant;

b.   Pay a flat fee of 5000 Naira limited only to court filing fees jointly with its incidental Bailiff service fees thereto; and furthermore, pay a flat fee of 3000 for any other incidental work to be performed in line of representation limited to Court appearance fee, procurement and processing of Court’s rulings/orders and other likely expenditures in such category.

Client agrees that all legal fees earned and costs incurred during the period of this representation may be deducted by the attorney as may be reflective in the periodic statement of account.

Statements of account for legal fees, disbursements will be sent to Client by Attorney on an interim basis.

It hereby agreed that Attorney shall charge tenancy agreement engrossment fee, where applicable and as it relates to potential in-coming tenants solely on the said new tenants, without recourse to the Client to that effect, and shall professional have same for his benefit.

 Disbursements

Knowing that that expenditures can add up, Attorney shall endeavour to incur costs on Client’s behalf as carefully as possible and care will be taken to ensure that unnecessary costs are avoided.

However, Client by these authorizes Attorney to incur on Client’s behalf out-of-pocket expenses considered appropriate ("disbursements"). 

As these disbursements are being expended on Client’s behalf, Client shall be responsible for reimbursing Attorney for all disbursements.  However, Attorney is not obliged to pay substantial disbursements on client’s behalf; instead Attorney may require client to provide him with payment in advance.

Client gives Attorney the right to take all steps in this case that the Attorney believes is worth doing, including filing lawsuits or other legal papers and Attorney do hereby undertake to be reliable in terms of legal service commitments and to be accessible to Client at optimal level.   

Termination

At all times Client shall have the right, with or without cause, to terminate the instant relationship by giving Attorney written notice and paying any balance then due to Attorney. 

Attorney also reserves the right to terminate the herein agreed services at any time, with or without cause.  Attorney would be expected to withdraw in the following circumstances:

i)      if continuing to act would be unethical or impractical;

ii)           if accounts are not paid; or

iii)          if Client fail to respond to any reasonable request relating to this

        matter, such that Attorney’s representation of client could be  

                compromised.

AGREED TO BY:

NAME_________________________

Signature______________________

(CLIENT)

ACCEPTED BY:                           NAME:

                                                Signature:__________________

                                                                        (ATTORNEY)