Free retainer agreement template (Australia)
A free Australian retainer agreement template from Quillio covers the ongoing engagement between a law firm and a client for repeated or continuous legal services. Unlike a single-matter costs agreement, a retainer agreement defines the scope of ongoing services, the monthly or periodic fee, the billing arrangements, and the termination provisions. It must comply with the same costs disclosure requirements as a single-matter costs agreement under the LPUL and state equivalents.
When a retainer is used
Retainer agreements are common when: a business client needs ongoing legal advice across multiple matters (commercial retainer); a client has a complex matter expected to run for an extended period; or a client wants priority access to a specific lawyer. The retainer may be a fixed monthly fee (with or without a cap on hours) or an agreement to apply hourly rates to work as it arises, with a minimum monthly commitment.
Key clauses
Scope of services (what is included and what is out of scope); fee structure (monthly retainer, hourly rates for overflow, or blended); billing and payment terms; conflict of interest provisions; confidentiality; intellectual property (who owns the work product); termination provisions (notice period, final account); and dispute resolution.
How I generate retainer agreements
Provide the firm and client details, the scope of services, the fee arrangement, and any special terms. I produce a retainer agreement with all LPUL-required disclosures and practical commercial terms. I also flag potential issues — like scope creep provisions that protect the firm, and termination terms that are fair to both parties.
Common issues
- Scope creep is the main risk with retainers — define clearly what is included and what triggers additional fees
- LPUL disclosure requirements apply to retainers just as they do to single-matter costs agreements
- Unused retainer funds must be returned on termination unless the agreement provides otherwise
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