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Retainer Agreement
I need a retainer agreement for legal services where the attorney will provide ongoing consultation and representation for a fixed monthly fee. The agreement should outline the scope of services, include a clause for additional fees for services outside the scope, and specify a 30-day termination notice period.
What is a Retainer Agreement?
A Retainer Agreement is a formal contract where a client pays a professional - like a lawyer, accountant, or consultant - upfront to secure their services for future work in Pakistan. This initial fee, called a retainer, reserves the professional's time and guarantees their availability when needed.
Under Pakistani contract law, these agreements typically spell out the scope of services, payment terms, and duration of the arrangement. Many Pakistani law firms use retainers for ongoing corporate clients, billing against the prepaid amount as they provide services. The agreement protects both parties by clearly defining expectations, confidentiality requirements, and the process for ending the relationship.
When should you use a Retainer Agreement?
Consider a Retainer Agreement when you need consistent legal support for your Pakistani business operations. This is especially valuable for companies dealing with frequent contracts, regulatory compliance matters, or ongoing corporate governance issues that require regular legal consultation.
The agreement makes particular sense for growing businesses that want priority access to legal expertise without hiring full-time counsel. Many Pakistani startups and mid-sized companies use retainers to manage their monthly legal needs, from trademark filings to employment contracts. It's also crucial for businesses in heavily regulated sectors like banking, telecommunications, or pharmaceuticals where quick legal guidance can prevent costly compliance issues.
What are the different types of Retainer Agreement?
- Retainership Contract: Standard business-to-professional agreement with comprehensive terms for ongoing services
- Employee Retainer Agreement: Used for part-time or consulting staff who maintain regular employment status
- Freelance Retainer Contract: Specifically structured for independent contractors with flexible work arrangements
- Monthly Retainer Contract: Features recurring monthly payment terms and service schedules
- Accounting Retainer Agreement: Tailored for financial services with specific reporting and compliance terms
Who should typically use a Retainer Agreement?
- Law Firms & Legal Consultants: Draft and enforce Retainer Agreements, providing ongoing legal services to businesses across Pakistan
- Corporate Clients: Companies seeking regular access to legal expertise without maintaining in-house counsel
- Financial Advisors: Offer recurring accounting, tax planning, and compliance services to businesses
- IT Consultants: Provide technical support and maintenance services to Pakistani organizations
- Business Owners: Sign and manage these agreements to ensure consistent professional support
- HR Departments: Oversee retainer relationships with external consultants and maintain compliance documentation
How do you write a Retainer Agreement?
- Service Details: Document the exact scope of professional services, frequency, and deliverables
- Fee Structure: Outline retainer amount, payment schedule, and how additional services will be billed
- Party Information: Gather complete business details, registration numbers, and authorized signatories
- Duration Terms: Decide on agreement length, renewal conditions, and termination procedures
- Confidentiality Needs: List specific confidential information and required protection measures
- Compliance Check: Review Pakistan Bar Council rules and relevant industry regulations
- Documentation: Collect necessary business licenses, professional certifications, and tax registration proof
What should be included in a Retainer Agreement?
- Parties' Details: Full legal names, addresses, and registration numbers of service provider and client
- Scope Definition: Clear description of services, deliverables, and performance standards
- Payment Terms: Retainer amount, billing cycles, and additional fee calculations
- Duration Clause: Agreement period, renewal terms, and notice requirements
- Confidentiality: Information protection obligations under Pakistani law
- Dispute Resolution: Governing law, jurisdiction, and arbitration procedures
- Termination Rights: Conditions for ending the agreement and handling unused retainer funds
- Force Majeure: Provisions for unforeseen circumstances under Pakistani contract law
What's the difference between a Retainer Agreement and an Agency Agreement?
A Retainer Agreement differs significantly from an Agency Agreement in several key aspects, though both involve professional services. While a Retainer Agreement secures ongoing access to services through advance payment, an Agency Agreement establishes a broader representative relationship without necessarily involving prepayment.
- Payment Structure: Retainer Agreements require upfront payment to reserve services, while Agency Agreements typically involve commission or fee-for-service payments after work completion
- Relationship Type: Agency Agreements grant authority to act on behalf of the principal, whereas Retainer Agreements simply secure availability of services
- Duration Focus: Retainers emphasize recurring, predictable service periods; Agency Agreements often cover specific transactions or ongoing representation rights
- Scope of Authority: Agency Agreements typically include power to bind the principal legally; Retainers usually limit authority to providing specified services
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