Finding Text
Retainer Agreement. Condition: One out of the sixty-one case files selected for testing did not have an executed retainer agreement. Criteria: Except where the service is brief advice and consultation by telephone or other non-in-person means, the Organization must obtain a signed retainer agreement with each client when extended representation commences or as soon thereafter as practicable. Cause: The attorney in charge of this case failed to obtain a signed retainer agreement. Effect: The Organization was not in compliance with the requirements set forth under 45 CFR § 1611. Recommendation: The auditor recommends that retainer agreements be executed as soon as practicable, unless only advice and counsel or brief service is provided. View of Responsible Official: The Executive Director will reinforce the importance of obtaining executed retainer agreements with all paralegals and attorneys.