Sometimes, you need to hire a temporary service and a retainer contract can be the solution!

In this article, you will learn everything you need to know about retainer agreements. If you still have questions, do not hesitate to contact us and we will handle everything for you! Catarina S. Gomes is located in Braga and boasts the best lawyers to solve your problems!

What is an agreement?

The contracts of agreements They are an alternative to providing ad-hoc legal services, which can become more expensive, and they accompany your company with a view to solving current issues and preventing future problems. A retainer can be defined as the fair amount to be paid for a temporary service.

A contract of association

O Article 7 of Decree-Law No. 409/91 of 17-10-1991 demonstrates that an "avença" contract is a service contract used when the intention is to obtain the services of a liberal professional for a specified period, in exchange for a fixed monthly payment.

With regard to legal practice, only lawyers and trainee lawyers, registered with the Bar Council, can practice acts inherent to the profession and perform legal consultancy functions as independent practitioners.

 

Duties of a lawyer on retainer

Within the services that can be provided under a monthly retainer contract, we can find:

• Legal advice;
• Document certification;
• Signature recognition;
• Document preparation;
• Debt collection;
• Among others.

After taking out the agreement, the client can make use of a range of services across various Areas of expertise. Regarding the drafting of documents, these can be contracts, letters, opinions, or others necessary for the client.

Within areas of practice, a lawyer under a retainer can provide support in:

• Legal Consultancy and E-commerce
• Commercial and Corporate Law
• Employment Law
• Data Protection and GDPR
• Records and Notary
• among others.

Are you looking for a solicitor on a retainer basis? Contact usWe are located in Braga!

 

Types of legal services agreements

There are various types of agreements, however, you must choose in accordance with the company's needs; you can opt for a contract with more or fewer services to be provided.

For example, there can be plans that guarantee legal consultations, drafting of documents, certification of documents, or plans with a limited number of services. It all depends on you and your needs.

 

Um contrato de avença deve ser utilizado quando duas ou mais partes concordam em realizar determinadas ações ou transações, geralmente de natureza profissional ou comercial, com o objetivo de alcançar um resultado específico. Situações comuns incluem: * **Prestação de serviços:** Quando um profissional ou empresa oferece seus serviços a um cliente em troca de pagamento. * **Trabalho freelancer:** Artistas, escritores, designers e outros profissionais autônomos usam contratos de avença para definir os termos de projetos específicos. * **Parcerias comerciais:** Para estabelecer os direitos e responsabilidades de cada parte em um empreendimento conjunto. * **Acordos de licenciamento:** Para conceder permissão a alguém para usar propriedade intelectual ou produtos. * **Acordos de consultoria:** Quando um consultor é contratado para oferecer aconselhamento especializado. * **Contratos de empreitada:** Para obras ou serviços mais complexos, onde um empreiteiro se compromete a realizar um trabalho específico por um preço acordado. Essencialmente, um contrato de avença formaliza um acordo entre as partes, detalhando o escopo do trabalho, prazos, pagamento, obrigações e quaisquer outras condições relevantes para garantir a clareza e evitar mal-entendidos.

An avenção contract is mainly used when a company lacks employees with the skills to perform a task and it doesn't make sense to hire a fixed-term professional.

For example, if a company is simply looking for legal advice or preventive law services. Certain requirements must be met for the execution of a framework agreement, such as:

• To comply with the legal regime for the acquisition of services;
• Situation regularised with Social Security;
• The professional cannot be subject to the company's working hours or other rules that may exist.

 

What is proactive advocacy?

Preventative law aims primarily to avoid problems and assist a company by offering the necessary support to ensure its actions comply with the law.

Therefore, preventive advocacy gives the company a proactive stance, so that it doesn't have to solve potential problems and ends up being very important for companies because it works on conflict prevention.

So, if you have a company, think about hiring a lawyer on a monthly retainer to carry out some preventive legal functions and guide the company to avoid legal problems.

At Catarina S. Gomes – Lawyers in Braga, we have a specialised team to assist you!

Agreement Contract: Advantages

Entering into fixed-term employment contracts and focusing on preventative legal advice offers several advantages, such as:

• Minimising legal risks – since there is follow-up and preventive actions, there is less likelihood of facing legal action.
• Cost reduction – if there are no problems, there will be no costs to resolve them. Thus, preventative legal advice becomes important so that you do not spend money on lengthy court proceedings.
• Knowledge – A lawyer's knowledge is extremely important for business development, so legal advice for companies is essential and becomes quite advantageous.
• Legal certainty – the lawyer will help make assertive decisions for the company's development, giving it legal security to invest in constant improvements.
• Contract drafting – Contracts are present daily in the lives of companies. In each one, it is necessary to ensure that the clauses are clear to all parties. A lawyer can help with this aspect and, once again, avoid potential problems.
• Litigation prevention Lawyers can identify potential risks and issues that may lead to litigation and work towards resolving them.

 

Termination of a fixed-term contract

Generally, the monthly retainer contract can be terminated at any time by either party with 60 days' notice. The sole obligation is the due payment for the work carried out up to the end of the contract.

 

Minutes of an agreement

A draft contract of agreement is a preliminary version for the creation of the contract itself. There are various examples of draft contracts of agreement online, however, it is best for them to be developed by professionals, as this lends credibility to the document.

 

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