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How to Read Your Legal Engagement Letter - YouTube
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are you considering hiring an attorney
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to represent you and want to better
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understand the engagement you are
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entering into by the end of this video
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you will learn what an engagement
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agreement is
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why you need to have an agreement
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and how to read the key elements of your
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engagement agreement
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hi i'm darcy buxton a paralegal at mink
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law the nation's leading law firm for
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online defamation and content removal
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hiring the right attorney for your legal
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matter can be a challenging process
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one aspect that can be intimidating is
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understanding the terms and conditions
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of an attorney engagement agreement
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in this video i am going to discuss what
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an engagement agreement is
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why it's important to have one
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what an agreement should include and
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what to do if you have questions on the
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terms of the agreement
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an engagement letter commonly referred
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to as an engagement agreement is a type
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of contract that outlines the scope of
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service
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cost terms of service or goods to be
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rendered the letter should also define
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the responsibilities of both parties
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during the time spent of the agreement
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and discuss which parties have the right
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to cancel representation
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to put it simply an engagement agreement
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defines the legal relationship between
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the firm and the client
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engagement agreements are important for
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a variety of reasons but mainly for
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protection of all the parties involved
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the agreement ensures transparency and
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demonstrates professionalism from the
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beginning of the attorney-client
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relationship you know exactly what you
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are paying for and the firm knows
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exactly what is expected of them
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having an agreement in place will help
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prevent misunderstanding
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or confusion during the course of the
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representation should an issue arise
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during the course of the representation
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both parties have the protection of the
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agreement to fall back on
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an engagement agreement sets the terms
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of the agreement between two parties
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it will designate how the working
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relationship starts and ends most
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engagement agreements cover the
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following six components
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the hourly rates of all attorneys
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involved in the matter
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possible fees that may occur
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the amount of time allotted to the
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client to dispute fees or expenses after
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they are billed and any interest amounts
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due upon late payments or bounce checks
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the starting retainer fee that is due at
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the time of signing the engagement
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agreement the firm's ability to cancel
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the contract upon failure to pay legal
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fees and the client's right to terminate
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the representation if they are not
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satisfied and dispute resolution between
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the parties
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while engagement agreements vary between
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law firms they generally contain the
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same basic elements we recommend that
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you look for the following core elements
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and ensure they meet your expectations
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before signing the legal engagement
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letter
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who is the client
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does the agreement have your legal name
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listed and is it spelled correctly
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what is the scope of work are there any
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exclusions to the work that is being
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described
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what are the fees and costs associated
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with the contracted services
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what are the responsibilities of both
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parties
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are there grounds for withdrawal or
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other consequences for breach of the
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agreement
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is there a time limitation for the
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contract when does the agreement take
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effect
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and does the agreement stipulate any
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guarantee or state that there is no
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guaranteed on the results
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the provider of the service is who will
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draft the agreement since they know what
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service is they are providing and what
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the expected cost will be
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you as a signer should fully read and
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make sure you understand the entire
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letter to make sure that your interests
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are protected as well if you have any
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questions now is the time to ask them
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one thing to keep in mind is that a
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written contract is not binding on
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either party until it is signed
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if you have questions or concerns you
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should address them before you sign the
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agreement
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if you disagree with certain elements in
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the document you do not need to sign it
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right away you have the option to
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discuss your concern with the attorney
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contract negotiation is the process of
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coming to an agreement on a set of
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legally binding terms
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when two parties negotiate they both
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seek favorable terms however negotiating
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too much can send the wrong message to
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the attorney and could potentially taint
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the relationship
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attorney-client relationship is based on
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trust and for the most part you should
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trust your attorney
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in situations where the terms of the
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agreement must change during the course
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of your representation
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it is best to obtain a new agreement or
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a supplemental letter to reflect those
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changes
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if work on a new matter is needed the
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attorney should send a new engagement
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agreement with new expectations for the
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work to the client
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lastly we recommend that the attorney
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and the client review the terms of the
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agreement at least once annually this
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review can determine if any changes are
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needed i hope i was able to answer some
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of the questions you may have about
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engagement agreements and why they are
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important to have in place
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don't hesitate to reach out to me or any
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of the other paralegals by calling us at
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216-373-7706
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or filling out one of our online contact
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forms this is darcy with mink law and i
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want to thank you for watching this
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video
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[Music]
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[Music]
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you
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