{"id":124522,"date":"2025-06-27T09:45:00","date_gmt":"2025-06-27T17:45:00","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/06\/27\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/"},"modified":"2025-06-27T09:45:00","modified_gmt":"2025-06-27T17:45:00","slug":"client-engagement-agreements-blunt-terms-i-wish-i-could-include","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/06\/27\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/","title":{"rendered":"Client Engagement Agreements: Blunt Terms I Wish I Could Include"},"content":{"rendered":"<p>Nothing But the Ruth | Here&#8217;s what I really want to say in my client engagement agreements.<br \/>\nThe post Client Engagement Agreements: Blunt Terms I Wish I Could Include appeared first on Articles, Tips and Tech for Law Firms and Lawyers.<\/p>\n<p>Last year, I revamped my client engagement agreement, adding provisions I wish I\u2019d always included and didn\u2019t realize were missing until I encountered a problem with a client. I added terms that say I can<a href=\"https:\/\/www.attorneyatwork.com\/how-to-increase-your-billable-rate\/\" rel=\"nofollow noopener\" target=\"_blank\"> increase my rate with notice to the client<\/a>. I also added language that says if the client doesn\u2019t pay their bill, the firm can take legal action to collect the balance and the client will pay for costs associated with collections. \u00a0<\/p>\n<p>There\u2019s so much more I want to say.<\/p>\n<div class=\"wp-block-group cust-audio-set\">\n<div class=\"wp-block-group__inner-container is-layout-constrained wp-block-group-is-layout-constrained\">\n<div class=\"wp-block-group\">\n<div class=\"wp-block-group__inner-container is-layout-constrained wp-block-group-is-layout-constrained\">\n<div class=\"exemag-video-wrapper\"><iframe loading=\"lazy\" width=\"100%\" height=\"180\" frameborder=\"no\" src=\"blank\" data-rocket-lazyload=\"fitvidscompatible\" data-lazy-src=\"https:\/\/share.transistor.fm\/e\/45d939ca\">[embedded content]<\/iframe><iframe loading=\"lazy\" width=\"100%\" height=\"180\" frameborder=\"no\" src=\"https:\/\/share.transistor.fm\/e\/45d939ca\">[embedded content]<\/iframe><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<div class=\"wp-block-yoast-seo-table-of-contents yoast-table-of-contents\">\n<h2>Table of contents<\/h2>\n<ul>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-brutally-honest-contracts\" data-level=\"2\" rel=\"nofollow noopener\" target=\"_blank\">Brutally Honest Contracts<\/a><\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-my-over-the-top-client-engagement-agreement\" data-level=\"2\" rel=\"nofollow noopener\" target=\"_blank\">My Over-the-Top Client Engagement Agreement<\/a>\n<ul>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-nature-of-the-agreement\" data-level=\"3\" rel=\"nofollow noopener\" target=\"_blank\">Nature of the Agreement<\/a><\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-payment\" data-level=\"3\" rel=\"nofollow noopener\" target=\"_blank\">Payment<\/a><\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-minimum-charge\" data-level=\"3\" rel=\"nofollow noopener\" target=\"_blank\">Minimum Charge<\/a><\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-retainer\" data-level=\"3\" rel=\"nofollow noopener\" target=\"_blank\">Retainer<\/a><\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-electronic-communications\" data-level=\"3\" rel=\"nofollow noopener\" target=\"_blank\">Electronic Communications<\/a><\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-termination\" data-level=\"3\" rel=\"nofollow noopener\" target=\"_blank\">Termination<\/a><\/li>\n<\/ul>\n<\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-and-one-last-provision\" data-level=\"2\" rel=\"nofollow noopener\" target=\"_blank\">And One Last Provision<\/a>\n<ul>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-we-re-lawyers-not-psychics\" data-level=\"3\" rel=\"nofollow noopener\" target=\"_blank\">We\u2019re Lawyers, Not Psychics<\/a><\/li>\n<\/ul>\n<\/li>\n<li><a href=\"https:\/\/www.attorneyatwork.com\/client-engagement-agreements-blunt-terms-i-wish-i-could-include\/#h-the-upside-of-being-blunt-in-your-client-engagement-agreement\" data-level=\"2\" rel=\"nofollow noopener\" target=\"_blank\">The Upside of Being Blunt in Your Client Engagement Agreement<\/a><\/li>\n<\/ul>\n<\/div>\n<h2 class=\"wp-block-heading\" id=\"h-brutally-honest-contracts\">Brutally Honest Contracts<\/h2>\n<p>One of my newer hobbies is to write brutally honest or humous contracts, usually taking my friends\u2019 real contracts and revising them to add personalized provisions. <\/p>\n<p>For example, my friend is a marketing consultant and his preferred adult beverage is tequila. So, I added a provision to his contract that says the penalty for changing the date of his on-site meeting includes the cost of changing his travel plans plus a bottle of whatever is his favorite tequila at that time.<\/p>\n<h2 class=\"wp-block-heading\" id=\"h-my-over-the-top-client-engagement-agreement\">My Over-the-Top Client Engagement Agreement<\/h2>\n<p>Rewriting my own client engagement agreement (EA) template inspired me to write an over-the-top version with some of the things I wish I could include. I suspect I\u2019m not the only lawyer who occasionally has these thoughts.<\/p>\n<h3 class=\"wp-block-heading\" id=\"h-nature-of-the-agreement\">Nature of the Agreement<\/h3>\n<p><strong>What my EA says:<\/strong> I will be the attorney primarily responsible for your legal work, although other firm personnel may assist me.<\/p>\n<p><strong>What I wish it could say:<\/strong> I will be the attorney primarily responsible for your legal work, although other firm personnel may assist me. Yes, this means your bill may include entries where I\u2019m consulting another lawyer in the firm about your case, and it may include entries for work performed by other lawyers in the firm, as indicated by the lawyer\u2019s initials. You don\u2019t get to complain about your bill and say you only wanted to hire me and no one else in the practice, so you shouldn\u2019t have to pay for their work.<\/p>\n<h3 class=\"wp-block-heading\" id=\"h-payment\"><strong>Payment<\/strong><\/h3>\n<p><strong>What my EA says: <\/strong>Our work will be completed and billed on an hourly basis. Our attorneys\u2019 rates range between $300 and $395 per hour, and our paralegals\u2019 rates range between $150 and $275 per hour. My current rate for legal work is $300 per hour. Any urgent matters will be billed at $400 per hour. By engaging the firm, you acknowledge and agree that an attorney or paralegal may raise their rate at any time. You will be given notice via email when a practitioner\u2019s rate has increased.<\/p>\n<p><strong>What I wish it could say:<\/strong> Our work will be completed and billed on an hourly basis. Our attorneys\u2019 rates range between $300 and $395 per hour, and our paralegals\u2019 rates range between $150 and $275 per hour. My current rate for legal work is $300 per hour. Any urgent matters will be billed at $400 per hour. Who determines if something is \u201curgent\u201d? I do! If you proverbially set your life on fire and then dump it in my lap, you pay for the privilege of me putting my life on hold to fix yours. By engaging the firm, you acknowledge and agree that an attorney or paralegal may raise their rate at any time. You will be given notice via email when a practitioner\u2019s rate has increased. If your matter drags on for years and my rate goes up in the interim (likely due to my increased skill and experience), you\u2019re going to pay what I\u2019m worth at that time.<\/p>\n<p>(Actually, I wish this section header could be \u201cPay Your F**king Bill.\u201d <a href=\"https:\/\/www.attorneyatwork.com\/dealing-with-non-paying-clients-a-rant\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Dealing with non-paying clients is one of the biggest headaches as an eat-what-you-kill lawyer<\/a>.)<\/p>\n<h3 class=\"wp-block-heading\" id=\"h-minimum-charge\">Minimum Charge<\/h3>\n<p><strong>What my EA says:<\/strong> The minimum charge for every activity is 0.2 hours.<\/p>\n<p><strong>What I wish it could say:<\/strong> The minimum charge for every activity is 0.2 hours. Even if something \u201conly takes two minutes,\u201d we\u2019re billing you 0.2 hours for it, and here\u2019s why. Not only do I have to do the work for you, but then I have to go into our billing software, identify you by client number and matter number, and enter what I did with enough specificity that if you contest your bill in one month, six months, or maybe two years from now, I can remember what I did, and an outside party (whose job it is to determine whether I charge a reasonable amount for the work performed) can see that I didn\u2019t overcharge you. <\/p>\n<p>That, plus the work I did for you, will easily take 7 minutes or more, and that\u2019s why you get billed 0.2 hours when I leave you a voicemail.<\/p>\n<h3 class=\"wp-block-heading\" id=\"h-retainer\">Retainer<\/h3>\n<p><strong>What my EA says:<\/strong> A $2,000 retainer is required for this project. Please note: This is not a flat fee for this matter. We will put your retainer into a trust account and bill against it. When this amount is exhausted, you will receive an invoice for the balance due.<\/p>\n<p><strong>What I wish it could say:<\/strong> A $2,000 retainer is required for this project. Why do all the lawyers on TV say they don\u2019t get paid unless you do? Those are personal injury attorneys, and they only take cases where there\u2019s an insurance company behind the wrongdoer who\u2019s going to pay. Most of the rest of us get paid upfront in case it\u2019s the only time you voluntarily pay us. You\u2019d be amazed by how many clients stiff their lawyers. Please note: This is not a flat fee for this matter. We will put your retainer into a trust account and bill against it. When this amount is exhausted, you will receive an invoice for the balance due.<\/p>\n<h3 class=\"wp-block-heading\" id=\"h-electronic-communications\">Electronic Communications<\/h3>\n<p><strong>What my EA says:<\/strong> We communicate from time to time with our clients using email, mobile phones, and fax machines.<\/p>\n<p><strong>What I wish it could say:<\/strong> We communicate from time to time with our clients using email, mobile phones, and fax machines. Yes, we have a fax machine. We know \u2014 the 1980s called and they want their technology back. There are government entities that make us fax stuff instead of attaching documents to an email or using some type of secure online portal.<\/p>\n<h3 class=\"wp-block-heading\" id=\"h-termination\">Termination<\/h3>\n<p><strong>What my EA says:<\/strong> Either the firm or you may terminate the engagement at any time for any reason by written notice, subject on our part to applicable Rules of Professional Conduct. In the event that the firm terminates the engagement, we will take reasonable steps to protect your interests in this matter.<\/p>\n<p><strong>What I wish it could say:<\/strong> Either the firm or you may terminate the engagement at any time for any reason by written notice, subject on our part to applicable Rules of Professional Conduct. In the event that the firm terminates the engagement, we will take reasonable steps to protect your interests in this matter. Top three reasons we\u2019ll fire you as a client: 1) You\u2019re not taking our advice and we feel there\u2019s nothing more we can do for you; 2) You\u2019re not paying your bill; or 3) You\u2019re an asshole. We\u2019ll also fire you if we think you\u2019re using your company to conduct illegal activities, but that rarely occurs.<\/p>\n<h2 class=\"wp-block-heading\" id=\"h-and-one-last-provision\">And One Last Provision<\/h2>\n<p>There\u2019s one more provision that I wish I could include in my client engagement agreement:<\/p>\n<h3 class=\"wp-block-heading\" id=\"h-we-re-lawyers-not-psychics\">We\u2019re Lawyers, Not Psychics<\/h3>\n<p>If the law were easy, we wouldn\u2019t need lawyers. We can\u2019t and don\u2019t make any guarantees regarding the outcome of your case. Please don\u2019t ask whether a certain strategy will work or ask for a percentage indicating how sure we are that things will go your way. There are too many factors that are out of our control, including the opposing party\u2019s and their counsel\u2019s behavior. This is especially true if a third party, like a judge or arbitrator, decides the outcome of your matter. We can only counsel, advise and make recommendations. Ultimately, you make the decisions about how you want to proceed.<\/p>\n<h2 class=\"wp-block-heading\" id=\"h-the-upside-of-being-blunt-in-your-client-engagement-agreement\">The Upside of Being Blunt in Your Client Engagement Agreement<\/h2>\n<p>I shared some of the terms of my humorously blunt client engagement agreement in my newsletter, \u201c<a href=\"https:\/\/us5.list-manage.com\/subscribe?u=c5855faac1e80b694c4e6cc8c&amp;id=31f3013fa2\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Ruth &amp; Consequences<\/a>.\u201d Some readers responded that they appreciated it included explanations behind the provisions. One reader even suggested that I use the funny version as my engagement agreement \u2014 except for the few times I cursed, of course.<\/p>\n<p>If you\u2019d like to read the full version of the humorously blunt version of my engagement agreement, please <a href=\"mailto:ruth@geeklawfirm.com\" target=\"_blank\" rel=\"noreferrer noopener\">send me an email<\/a>. (No strings attached.)<\/p>\n<p class=\"has-small-font-size\">Image \u00a9 iStockPhoto.com. <\/p>\n<div class=\"wp-block-media-text alignwide is-stacked-on-mobile has-white-background-color has-background\">\n<figure class=\"wp-block-media-text__media\"><a href=\"https:\/\/www.attorneyatwork.com\/subscribe\/\" rel=\"nofollow noopener\" target=\"_blank\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" width=\"372\" height=\"106\" src=\"https:\/\/i0.wp.com\/www.attorneyatwork.com\/wp-content\/uploads\/2023\/06\/AttorneyatWork-Logo-%C2%AE-2021-1.jpg?resize=372%2C106&#038;ssl=1\" alt=\"\" class=\"wp-image-100019522 size-aaw-full-width-no-crop\" title=\"\"><\/a><\/figure>\n<div class=\"wp-block-media-text__content\">\n<p><strong>Sign up for Attorney at Work\u2019s daily practice tips newsletter <a href=\"https:\/\/www.attorneyatwork.com\/subscribe\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">here<\/a> and <a href=\"https:\/\/feeds.transistor.fm\/attorney-at-work-today\" rel=\"nofollow noopener\" target=\"_blank\">subscribe to our podcast<\/a>, Attorney at Work Today.<\/strong><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Nothing But the Ruth | Here&#8217;s what I really want to say in my client engagement agreements. The post Client Engagement Agreements: Blunt Terms I Wish I Could Include appeared first on Articles, Tips and Tech for Law Firms and Lawyers. Last year, I revamped my client engagement agreement, adding provisions I wish I\u2019d always [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[17],"tags":[],"class_list":["post-124522","post","type-post","status-publish","format-standard","hentry","category-legal_matters"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/124522","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=124522"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/124522\/revisions"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=124522"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=124522"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=124522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}