Engagement Agreement:
How to get started and what you should know
Marc Adler, LLC will provide a free of charge (except for travel costs) initial meeting to explore your interest and possible engagement. At this meeting Marc Adler LLC will, want to get to know you, your organization, what results you are looking for, what resources and people you currently have who may be involved, and how long you expect the engagement or project to take.
Before Marc Adler, LLC can undertake the engagement, a conflict of interest analysis concerning the subject matter of the proposed engagement will be conducted. If no conflicts exist, and we have agreed on the scope and fees for service to be rendered, I will provide you with an engagement letter.
Fees
If after initial consultation we do not reach an agreement, Marc Adler, LLC will maintain the confidentiality of your request and our discussion, and if you so desire, not disclose the existence or subject of our conversation except as required by court order.
Some engagements may be suited to a retainer arrangement where Marc Adler, LLC will serve on your advisory board or be on call at your convenience for a maximum number of hours per month for a period of one year. The amount of the retainer will depend on the extent of the services and time needed and may be adjusted or terminated during the retainer period. Typically, the retainer amount will be $50, 000 for the first year with a maximum of 1 full day per month.
Other projects may be suited to a fixed fee for a defined period of work and deliverable result, such as for the development of an intellectual property strategy, while others my be more suited to hourly compensation.
Marc Adler, LLC’s 2020 hourly rate is 800 $/hr.
In some instances, a retainer arrangement or fee in exchange for an equity interest or a percentage of revenue enhancements resulting from the successful implementation of the advice may be more appropriate.
Flexibility enables creative collaboration, but all expectations will be clearly spelled out in a written engagement agreement.
There are some services for which Marc Adler, LLC is qualified to perform but chooses not to. For example, Marc Adler, LLC is not offering to draft or prosecute patent applications, act as trial counsel, or become an employee of your firm or company.
In certain circumstances, Marc Adler, LLC may consider requests for legal opinions, and act as expert witness or as a mediator or arbitrator
If you request, or if you are open to suggestion, Marc Adler, LLC may make recommendations for other competent counsel for certain matters, but Marc Adler, LLC will not be directly involved or be responsible for such arrangements which will be the responsibility of you and the other party.
Transparency and ethical requirements do not permit Marc Adler, LLC to accept gifts or fees for services not rendered, or split fees or receive a referral fee from another counsel unless you are fully informed in accordance with ethical and disciplinary rules governing the practice of law(2) .
- I will honor my continuing confidentiality (non-disclosure, non-use and non compete) obligations to my former employer Rohm and Haas Company and other existing and former clients.
- NYS DR 2-107 [1200.12] Division of Fees Among Lawyers. A. A lawyer shall not divide a fee for legal services with another lawyer who is not a partner in or associate of the lawyer’s law firm, unless:
- The client consents to employment of the other lawyer after a full disclosure that a division of fees will be made.
- The division is in proportion to the services performed by each lawyer or, by a writing given the client; each lawyer assumes joint responsibility for the representation.
- The total fee of the lawyers does not exceed reasonable compensation for all legal services they rendered the client.