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Retainer Agreement Proposal 1

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The key takeaways from the document are that it outlines an agreement for legal services between an attorney and a client (J&T Express) covering consultation, representation, document preparation and other services for a period of one year. It details the scope of work, fees for different types of legal cases and general provisions.

The scope of legal services covered includes consultation, attendance of meetings, document preparation, representation in criminal cases, and other services related to legal advice and opinions affecting the client's operations.

The fees covered for criminal cases include Php50,000 for cases under the jurisdiction of MTCC/MTC, Php75,000-100,000 for cases under RTC/Sandiganbayan depending on the imposable penalty.

ATTY. RYAN RIC B.

BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

RETAINER AGREEMENT PROPOSAL

I. DURATION:

The term or duration of the engagement for legal services shall be


for a period of one (1) year, which shall commence on __________
and shall end on ___________, subject to review and amendments
with the consent of both parties;

II. A. SCOPE OF LEGAL SERVICE

1. The LAWYER shall make himself available and ready for


consultation by J&T EXPRESS (J&T) or its duly authorized
officers or representative in all matters requiring legal advice
and opinion affecting J&T and its operations. Written Opinions
rendered by the LAWYER on matters affecting business and
operations of J&T shall be submitted to Board of Directors or
its duly authorized officer or representative when so required;

2. The LAWYER shall attend Regular Board of Directors Meetings


or Corporate Officers Meetings or Executive Committee
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

Meetings when his attendance is required and necessary to


assist the Board of Directors, Officers or Executive committee in
the determination of matters which may have legal implications.
These meetings shall be free of any appearance fee if conducted
within Davao City, corresponding appearance fee as stated in
the provisions of fees below in III or per diems shall given to the
LAWYER if the meeting held outside Davao City;

3. The LAWYER shall sign and prepare documents, contracts,


agreements and other legal instruments referred by J&T’s
General Manager, Authorized Officer or Representative and the
Board of Directors on matters affecting J&T FREE OF
CHARGE. Moreover, the LAWYER shall also notarized said
documents free of charges;

B. CRIMINAL CASES:

1. When J&T deems it necessary to institute and file necessary


criminal cases, the LAWYER shall represent J&T in all suits
and proceedings in appropriate courts, offices, tribunals or
agencies. The LAWYER shall be entitled legal fees based on the
recent Revised Schedule of Minimum Attorney’s Fees issued by
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

the Integrated Bar of the Philippines, Davao City Chapter which


schedules of fees are herein below indicated:

a. Criminal Cases within the jurisdiction of the MTCC/MTC –


Fifty Thousand Pesos (Php50,000.00 )

b. Criminal Cases within the jurisdiction of


RTC/Sandiganbayan/Court of Tax Appeals

i. For offenses where the imposable penalty is more than


6 years – Seventy-five Thousand Pesos (Php75,000.00)

ii. For non-bailable offenses – One Hundred Thousand


Pesos (Php100,000.00)

C. CIVIL CASES:

1. ORDINARY CIVIL ACTIONS INVOLVING SUMs OF MONEY,


DAMAGES, RECOVERY OF PROPERTY AND OTHER
ORDINARY CIVIL ACTIONS
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

A. Ten (10%) percent of the amount involved but not lower


than:

i. MTCC – Php25,000.00
ii. RTC – Php 50,000.00
iii. CA – Php 75,000.00
iv. Sc – Php 100,000.00

B. The LAWYER shall sign Demand Letters for J&T free of


charge.

C. The LAWYER shall represent J&T in the filing of suits before


the appropriate courts and quasi-judicial bodies in Davao
City and in any other places as the need arises

2. CIVIL ACTIONS WITH ANCILLARY OR PROVISIONAL


REMEDIES, SUCH AS ATTACHMENT, INJUNCTION,
RECEIVERSHIP AND DELIVERY OF PERSONAL PROPERTY

A. Ten (10%) percent of the amount involved or the value of the


property involved but not lower that:

i. MTCC – Php25,000.00
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

ii. RTC – Php 50,000.00


iii. CA – Php 75,000.00
iv. Sc – Php 100,000.00

3. CIVIL ACTIONS INTERPLEADER, DECLARATORY RELIEF,


CERTIORARI, PROHIBITION, MADAMUS, QUO WARRANTO,
EMINENT DOMAIN AND HABEAS CORPUS

a. RTC – Php 50,000.00


b. CA – Php 75,000.00
c. SC – Php 100,000.00

4. CIVIL ACTIONS FOR FORECLOSURE OF MORTGAGE AND


PARTITION

a. Ten (10%) percent of the amount involved but not lower


than:

i. MTCC – Php25,000.00
ii. RTC – php50,000.00

5. ACTIONS FOR FORCIBLE ENTRY AND UNLAWFUL


DETAINER – Php50,000.00
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

a. The LAWYER shall represent JIAVAO in the filing of suits


before the appropriate courts and quasi-judicial bodies in
Davao City and in any other places as the need arises.

b. The LAWYER shall be entitled to ten percent (10%)


attorney’s fees based on the amount to be collected or value
of the property or in accordance with the terms and
agreement between JIAVAO and the LAWYER.

D. ADMINISTRATIVE AND QUASI-JUDICIAL CASES

1. ACTIONS BEFORE ADMINISTRATIVE AND QUASI-


JUDICIAL BODIES – Php30,000.00

2. APPEALS BEFORE ADMINISTRATIVE AND QUASI-


JUDICIAL BODIES – Php50,000.00

III. FEES:

A. RETAINER’S FEES
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

The LAWYER shall be entitled to a fixed monthly retainer fee of


Twenty Thousand Pesos (Php 30,000.00) net of tax payable
every 30th day of the month;

B. ATTORNEY’S FEES

In cases handled by the LAWYER for J&T, J&T shall pay the
LAWYER his attorney’s fee in accordance with the schedules of
fees above. Should there be any negotiation or compromise
settlement, the an Attorney’s Fees of Ten Percent (10%) shall be
based on the negotiated amount/s.

C. APPEARANCES FEES

The LAWYER is entitled to appearance fees for cases filed in


court, body, tribunal or agency, as follows:

1. Within Davao City - P3,000.00 per appearance/attendance

2. Outside Davao City but within Davao Provinces –


Php5,000.00 per appearance/attendance
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

3. Outside Davao Provinces/Region – Php7,000.00 per


appearance/attendance

4. Transportation, fuel allowance, hotel accommodation and


meal expenses – shouldered by J&T

D. FEES FOR PREPARATION OF PLEADINGS, MOTIONS AND


JUDICIAL AFFIDAVITS DONE IN THE FURETHERANCE OF
THE J&T’S REGULAR TRADE OR BUSINESS SHALL BE
FREE OF CHARGE. DOCUMENTS NOT RELATED IN THE
REGULAR COURSE OF BUSINESS OF THE J&T SHALL BE
SUBJECT TO THE FOLLOWING FEES

1. Position Paper/Memorandum in administrative cases –


Php10,000.00

2. Position Paper/Memorandum in civil and criminal cases –


Php15,000.00

3. Brief or Memorandum in appealed civil and criminal cases –


Php20,000.00
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

4. Motions:

a. Litigious Motions – Php10,000.00


b. Non-litigious Motions – Php5,000.00

5. Motions for Reconsideration of judgments and final orders –


Php10,000.00

6. Judicial Affidavits

a. Short (not more than 10pages) – Php5,000.00

b. Long (more than 10 pages) – Php10,000.00

7. Affidavits in relation to preliminary investigation in criminal


cases:

a. Affidavit-Complaint for MTCC/MTC Cases –


Php10,000.00

b. Affidavit-Complaint for RTC Cases – Php 15,000.00


ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

c. Counter-Affidavit for MTCC/MTC Cases – Php10,000.00

d. Counter-Affidavit for RTC Cases – Php15,000.00

E. FEES FOR CONSULTATIONS, DOCUMENTATION AND


TRANSACTIONAL WORKS

All consultations, documentations and transactional works


done in relation to the conduct of the regular course of business
of J&T shall be free of charge. Outside the conduct of the
regular course of business of J&T shall be subject to the
following fees:

a. Consultation

i. Brief consultation (less than 1 hour) – Php500


ii. Long consultation (more than 1 hour) Php1,000 per
hour

b. Services for out-of-court settlement and/or collections – 10%


of the amount involved or collected
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

c. Consultation or advice relating to a pending case or


proceeding – Php1,500 per hour

d. Issuances of certified true copies of any document on file


with the office of the lawyer – Php500

e. Notarization of already prepared affidavits and similar


documents – Php300.00

f. Notarization of already prepared legal instruments, except


for instruments stated below – Php1,000.00

g. Preparation and notarization of documents involving real


and personal property such as Deed of Sale, Real Estate
Mortgage, Transfer or relinquishment or Transfer of Right,
Lease, or similar Deeds of Conveyance.

i. Where consideration is Php20,000.00 and below –


Php1,000.00
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

ii. Where the consideration is above Php20,000.00 – 3%


of the consideration

h. Preparation and notarization of Extra Judicial Settlement of


Estate or Partition of Property – 10% of the value of the
property but not less than Php10,000.00

i. Preparation and Notarization of Last Will and Testament –


10% of the value of the property but not less than
Php20,000.00

j. Preparation and Notarization of Powers of Attorney –


Php1,000.00

k. Preparation and Notarization of Articles of Incorporation and


By-Laws, Articles of Partnership and Registration with SEC
or CDa – Php25,000.00

l. Preparation of a legal opinion/written advice – Php2,500


ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

m. Preparation and Notarization or ordinary contracts or


agreements, lease, and the like – Php4,000.00

The LAWYER shall act promptly on all referral made by J&T and
shall submit a report of all matters affecting the legal services,
except notarization of regular and operational documents within
the allowed timeframe.

The LAWYER, in addition to the herein enumerated services, shall


will and faithfully serve J&T with the needed attention to the
assignments and task given or entrusted to it by J&T and shall do
and perform all such services, acts and things connected therewith
as J&T shall from time to time direct; the LAWYER shall not, at
any time get himself in a situation where conflict of interest may
arise between those with J&T and the LAWYER and/or his clients.

The LAWYER shall not, either during the term of the Contract of
Retainership or any time hereafter, use or disclose to any person,
office, corporation or entity any confidential information
concerning the affairs of J&T which he may have acquired in the
course of or as incident to this Contract for his own benefit, or to
the detriment or probable detriment of J&T. If such incident
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

should occur, J&T has the right to immediately terminate the


Retainership Contract without undergoing judicial process.

IV. GENERAL PROVISIONS

It is understood and agreed that nothing in this Contract shall be


construed as establishing the relationship of employer-employee
relationship between J&T and LAWYER, including his personnel
and staff. The LAWYER is an independent professional and
responsible and accountable to J&T and the Board of Directors.

Any violation of the terms and conditions of this Contract by the


LAWYER shall give J&T the option to rescind or cancel
immediately the Contract without necessity of judicial proceedings.

J&T reserves the right to terminate this Contract without the need
of cause or reason upon thirty (30) days written notice to the
LAWYER.

ATTY. RYAN RIC B. BISNAR


LAWYER
ATTY. RYAN RIC B. BISNAR
LAWYER ◆ NOTARY PUBLIC
3RD Floor, Room 8, Lions Club Building
Candelara Street, Ecoland, Davao City
09499229731 / 09153510255

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