Retainer Agreement

Barrion, Kirstie Dawn F. 1-C

RETAINER AGREEMENT

 Please read the entire contract before signing it. You may ask another Attorney to review the contract and advise you on its possible consequences. The undersigned Client  acknowledges that she was given an opportunity to seek such advice to another Attorney.

Full Legal Name: MARICAR GUTIERREZ GIMENEZ

referred to as ³Client´, 29 years or age, residing at Unit 8756 Condominium Towers, E. Rodriguez Avenue, Quezon City and ATTORNEY KIRSTIE DAWN F. BARRION of  the Cagandahan, Tsoi and Associates Law Office, 3/F RCBC Plaza Tower 2, Ayala Ave corner Sen. Gil Puyat Ave, Makati City. Atty. Barrion is duly licensed to practice law in the Philippines. She is employed to work on the undersigned Client¶s case, hereinafter  referred as Attorney.

 Now, therefore, it is agreed as foll fo llows: ows:

A. PURPOSE

The purpose of this agreement is for Atty. Kirstie Dawn F. Barrion to provide Client with legal services in connection with the case of People of the Philippines vs. Pedro Basagulero, Tomas Morato, and Robin Padilla, a robbery with rape case filed by the Client.

The Client agrees that the Attorney will represent Client in the case of People of the Philippines vs. Pedro Basagulero, Tomas Morato, and Robin Padilla and the Attorney agrees to perform the said service. The legal services include but not limited to the   preparation of pleadings, preparation of court papers and other necessary documents, representation in court, correspondence, and phone conferences.

B. PROFESSIONAL RELATIONSHIP

By virtue of the purposes for which the attorney is employed, an attorney-client relationship is hereby established between Client and the Attorney.

C. DURATION OF AGREEMENT

The duration of this retainer agreement starts from April 1, 2011 until the case reaches its finality. Once the work is completed, should Client require further legal service, Client needs to enter into a new retainer agreement with the firm.

D. LEGAL FEES

Client agrees to pay the attorney a minimum and non-refundable amount of Fifteen Thousand Pesos (P15,000) monthly as retainer¶s fee. Payment by the Client will guarantee that the Attorney will use professional diligence in handling the case. All legal work will be charged against the retainer.

Client will be billed at an hourly rate of Two Hundred Pesos (P200.00) when the attorney works on a Client file, including but not limited to time spent writing and reviewing   pleadings, file review, legal research, or other information gathering procedure,  preparation of court documents, telephone, or conference time with the client and other    persons involved in the case, deposition, travel time from the office and return, court appearances and any other time spend and/or work performed related to the Client¶s case. When the legal service is rendered after the office hours, on weekends, holidays, or on a rush basis, Client will be charged at an hourly rate of Five Hundred Pesos (P500.00).

Client also agrees to pay additional fees for the attorney¶s assistants and paralegals. Client will be billed at an hourly rate of One Hundred Pesos (P100.00)

Client understands that fees may be adjusted upward depending on successful completion of an engagement, the complexity of the matter involved, or the level of commitment required.

In general, Client will pay all ³costs´ in connection with Attorney¶s representation of  Client under this Agreement.

In the event of dismissal of Attorney by the Client, the Attorney is entitled to be paid for  the services he has already provided for the school on the basis of quantum meruit.

E. BILLINGS

Client will be billed monthly for legal services. The bill will reflect the services rendered and the disbursements for the services provided such as postage, telephone,   photocopying, delivery, filing fees and all costs in connection with the Attorney¶s representation. It will also show the time spent and the hourly billing rate.

The bill is payable within Thirty (30) days upon receipt. If it is not paid within the said  period, the unpaid balanced will be charged with a late payment fee at the rate of 5% per  month. If Client deliberately refuses to pay the bill within Thirty (30) days or fails to make arrangements to pay the bill, the Attorney will file a motion to withdraw at the earliest possible time and seek to collect the fees owed plus the late charges.

The Client may ask for the bill at anytime. If there are errors in the billing, the Client must send a complaint to the Attorney within Thirty (30) da ys for correction otherwise no correction shall be made and the bill will be considered as totally acceptable by the Client and Client shall pay the full amount without complaint.

F. LIEN

Client agrees that the Attorney shall have a lien over Client¶s funds and may withdraw the amount necessary to pay for the Attorney¶s lawful fees and disbursements. The Attorney shall also have a lien to the same extent on all judgments and executions secured for the Client.

G. DUTIES OF THE CLIENT

In addition to compliance to the payment requirements, the Client is expected to give   personal information to the Attorney as well as to update the Attorney of his or her  current mailing address and persons to contact in case of emergency. The Client must cooperate with the Attorney and d isclose all pertinent information concerning the case.

The Client must open all the mails received from the Attorney¶s office, promptly respond to the request and return phone calls. The Client shall produce any or all documents that might be relevant to the case that are specifically requested by the Attorney.

It is also the Client¶s duty to notify the Attorney regarding errors in the billing otherwise no correction shall be made.

H. EMPLOYING ASSOCIATE OR ASSISTANT COUNSEL AND EXPERTS

Attorney may suggest using experts such as accountants, private investigators or other  experts to examine persons, documents or facts involved in this action. All such experts shall report exclusively to Attorney. Fees charged by such expert witnesses and investigators may be billed directly to Client or through Attorney¶s office and like all other services and costs, they are Client¶s sole responsibility to pay.

The Attorney, with the consent of the Client, may also obtain an Associate or Assistant Counsel who is competent with the matter being handled. It is also the responsibility of  the Client to pay them.

I. FAVORABLE OUTCOME NOT WARRANTED

The Attorney makes no warranties concerning successful outcome of any legal action that may be filed. All the statements of the Attorney are mere opinions and are not a warranty of success. The Client has been told, recognizes and understands that the Attorney has made no guarantee promising the success of this case.

J. TERMINATION OF THE CONTRACT

This agreement is terminated by the substitution, discharge, or withdrawal of the attorney.

a. Substitution

The Client has the right to remove the Attorney from the case by requesting him or her to sign a legal document stating that the Attorney will be replaced by a new one.

 b. Withdrawal of Attorney

The Attorney also has the right to withdraw services and ask the Client to sign a Substitution of Attorney form.

In the following cases, the Attorney may w ithdraw services:

(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; (b) When the client insists that the lawyer pursues conduct violative of these canons and rules; (c) When his inability to work with co-counsel will not promote the best interest of the client; (d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; (e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; (f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases. In case the Client refuses to sign the substitution of attorney form within Ten (10) days, the Attorney has the right to file a motion to withdraw as counsel provided that the Attorney gave the Client enough notice to hire a new Attorney and has delivered to the Client all the papers, funds and pro perties belonging to the her. K. POWER OF ATTORNEY TO EXECUTE DOCUMENTS

The Client gives the Attorney Client¶s power of attorney to execute all documents connected with the case o f which Attorney is retained. L. INCORPORATION BY REFERENCE OF DOCUMENTS INTO THE AGREEMENT

Relevant documents not attached but shows by their contents a connection to this agreement may be taken together and is deemed to be agreed upon by the Client and Attorney. L. DISPOSITION OF DISPUTES

a. Arbitration Any disagreement or controversy out of or relating to this Agreement can be submitted for resolution to arbitration before arbitrators. The decision of the said proceeding shall  be made in writing and shall be final and binding between the Attorney and Client. The disagreement or controversy may include but not limited to dispute concerning the Attorney¶s fees and expenses. In such case, Both Attorney and Client agree to resolve all fee disputes by arbitration.  b. Other Methods of Alternative Dispute Resolution   Non-court dispute resolution methods are not limited to arbitration. The Attorney and Client may utilize other methods depending on the circumstances such as but not limited to adjudication, expert determination, early neutral evaluation and med/arb,

M. DATE OF AGREEMENT

This Agreement and the terms shall be deemed to be effective as o f April 1, 2011.

N. MISCELLANEOUS

Any modification or change in this Agreement will be effective only if it is made in writing and signed by both the Client and Attorney.

Failure of the Attorney to enforce any breach of this Agreement does not constitute a waiver and enforcement can be done at a later time.

Client swears or affirms that she has read, understands and agrees to the contract and has  been given a copy of it.

 

_______________________

Maricar G. Gimenez

________

(Date)

______________________

Atty. Kirstie Dawn F. Barrion

_______ 

(Date)

IN WITNESS WHEREOF, Attorney, Client and Guarantor, if any, have executed this Agreement at Quezon City, Philippines, on the 1st day of April 2011.

 _______________________ 

Maricar G. Gimenez (Client)

 _______________________ 

Atty. Kirstie Dawn F. Barrion (Attorney)

On this day, April 1, 2011, there personally appeared before me, a Notary Public, Ms. Maricar G. Gimenez and Atty. Kirstie Dawn F. Barrion, personally known or proved to me to be the persons whose names are subscribed to the above instrument, acknowledged to me that they executed the said instrument.

 ____________________________ 

 Notary Public