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Is a Retainer still valid if sent to attorney via email only

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Strangefruit

Junior Member
What is the name of your state (only U.S. law)? Florida

I have secured an attorney in Florida and as I live in Scotland I just want to make sure that I can accept the terms of the retainer agreement (which i do) and conduct this particular action electronically via email only or will I be legally required to physically sign the agreement and return it via post office service?

Although I have been advised by the attorney that I can, I am not 100% sure that an unsigned retainer agreement will constitute a legal contract.
 


HighwayMan

Super Secret Senior Member
Why do you say it's unsigned? Didn't the attorney want you to sign, scan, and email it back?

I know many attorneys who accept this type of thing. The more important issue is how are you paying him?
 

Strangefruit

Junior Member
Why do you say it's unsigned? Didn't the attorney want you to sign, scan, and email it back?

I know many attorneys who accept this type of thing. The more important issue is how are you paying him?

The attorney sent the agreement via email and advised that i accept the terms (which i do) via email only. I have also been advised to 'wire' the money direct to their bank...details supplied within the email. Am I being unduly concerned or over cautious?
 

Zigner

Senior Member, Non-Attorney
The attorney sent the agreement via email and advised that i accept the terms (which i do) via email only. I have also been advised to 'wire' the money direct to their bank...details supplied within the email. Am I being unduly concerned or over cautious?
Here in the US, such an arrangement would be legally binding.
 

Dandy Don

Senior Member
You should protect yourself by asking the attorney to send you a PDF document that shows spaces for 2 signatures: the attorney's signature (to show that he is presenting/agreeing to the contract) and a space for your signature (to show that you are agreeing to the contract). In the US a rule of contract law is that it takes 2 parties to agree to a contract. You would print and sign the document and return it to him via scanned image or mail. If it turns out that he doesn't perform any legal services for you and just wanted to keep the money, you will have a basis to prove in court if you sue him that this is a contract he agreed to. If you just had an emailed agreement, your legal case would be weaker. However, I do believe this attorney will perform his duties under the contract.
 

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