When we act as local counsel in Washington, D.C., often we are one step removed from the actual represented client — perhaps out of the national counsel’s desire to preserve a relationship with their own client.  This is completely understandable.

However, this often means we, as local counsel, will not have the direct trust-based relationship with the client to ensure our own payment for services rendered.  Thus, we regularly employ an “evergreen” retainer to ensure payment — even if the relationship between the national counsel and their client is strained.

With an “evergreen” retainer, we require that a retainer be maintained at all times that will be debited in the event timely payment is not made on the most recent invoice.  We also reserve the right to withdraw and cease work (within ethical limits) upon such non-payment.  Together, these are the primary means of protection when both “clients” (the national counsel and the underlying client) are in remote jurisdictions.

To discuss our evergreen retainer policy in more detail, please contact us.