A Standard Retention Agreement: What it is and Why it Matters

A standard retention agreement is a legal document that outlines the terms and conditions under which a client retains the services of a professional, such as a lawyer or a consultant. Essentially, it is a contract between the client and the professional that sets out the scope of work, the fees, and other relevant details pertaining to the engagement.

For businesses and professionals, a standard retention agreement is an essential tool for ensuring that both parties are on the same page. Here are some of the key benefits of having a standard retention agreement in place:

Clarity and transparency

One of the primary benefits of a standard retention agreement is that it spells out the terms and conditions of the engagement in clear and unambiguous language. This helps to avoid any misunderstandings or disagreements down the line, as both parties have a clear understanding of what is expected of them.

Protection for both parties

Another advantage of a standard retention agreement is that it provides protection for both the client and the professional. It sets out the respective rights and obligations of each party, and includes provisions for dispute resolution and termination of the engagement if necessary.

Increased professionalism

By setting out the terms and conditions of the engagement in a formal document, a standard retention agreement can help to increase the perceived professionalism of the professional. It shows that they take their work seriously and are committed to providing a high quality service.

So what should a standard retention agreement cover? Here are some of the key elements:

Scope of work

The agreement should clearly define the scope of work that the professional will undertake for the client. This might include specific tasks or deliverables, as well as timelines and deadlines.

Fees and payment terms

The agreement should set out the fees that the client will pay for the professional`s services, as well as any additional costs such as travel expenses. It should also include details of payment terms, such as when invoices will be issued and when payment is due.

Confidentiality and non-disclosure

If the engagement involves sensitive information or trade secrets, the agreement should include provisions for confidentiality and non-disclosure. This might include restrictions on what information can be shared with third parties, and how any confidential information will be stored and protected.

Liability and indemnity

The agreement should specify the extent of the professional`s liability in the event that they fail to meet their obligations under the agreement. It should also include provisions for indemnity, which protect the professional against any claims or lawsuits arising from their work for the client.

Termination

The agreement should include provisions for termination by either party, such as if one party breaches the terms of the agreement or if the engagement is no longer required.

In summary, a standard retention agreement is an essential tool for businesses and professionals who want to ensure that their engagements proceed smoothly and without any misunderstandings. By setting out the terms and conditions of the engagement in a clear and transparent way, both parties can have confidence that their interests are protected. If you are a professional looking to establish a new engagement, or a client looking to retain the services of a professional, a standard retention agreement is a crucial first step.