Legal Retainership can be defined as a contractual relationship between a hired lawyer and a client (Individual or Corporation ) specifying the nature of the services to be rendered and the cost for rendering such services. Getting legal Retainership in Cameroon is necessary for managing a cause, instituting or defending an action or performing general legal services on behalf of a client.
A legal retainer means that a client employs the legal services of a lawyer for a period of time with the payment of a fee called Retainer fee in return. A retainer fee is an advanced payment that is made by an individual or corporate client to a lawyer, which is usually considered as a down payment on future services to be rendered by a lawyer. Having a lawyer on retainer in Cameroon is often times useful for individuals or corporations that need constant legal services.
TYPES OF LEGAL RETAINERSHIP IN CAMEROON
Litigation Retainer: Entails having a lawyer on retainer in Cameroon to act on behalf of a client in litigation matters i.e. by going to Court to defend or institute an action for a client or perform on a full-time or part-time basis. This type of services cannot be rendered on fixed or annual retainer fee but on quantum-meruit.
Property Management retainer: Entails a landlord having a lawyer on retainer in Cameroon to collect rent from tenants, evict defaulting tenants or institute actions in court from any malicious act that arises in course of managing the property.
Company Secretary and Legal Representative & Advisor: Getting legal retainership in Cameroon as a company secretary is the most common type of engagement. It is strictly between lawyers and corporate entities. A company may engage the services of a lawyer to act as its company secretary and legal representative for a fixed annual fee payable monthly. A lawyer on this type of retainership shall engage or perform all statutory and administrative functions of a company secretary among some other legal services on behalf of companies.
Commonly, in matters that involve extensive legal professional work, there will be a retainer agreement signed by the lawyer and the client. The agreement contains the nature of services to be performed by the lawyer, the retainer fee charged and the tenure of the retainer relationship.
Furthermore, an additional payment of fees may be required where the time spent on the task or service increases, especially where such retainership involves litigation. This is based upon the volume of work done by the lawyer on a retainership. Also, a lawyer on retainership may charge the client additional where the professional legal task to be performed is not included in the retainership agreement.
In conclusion, getting legal retainers in Cameroon can either be on a full-time or part-time basis. The purpose is for the performance of services that defines the terms of the working relationship.
Article by Barr. Mafany Victor Ngando
“The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance”