What is a representation agreement, and what are its legal requirements?

A representation agreement is an agreement between a person or organization (the represented party) and a lawyer or law firm (the representation). It outlines the nature of the legal work the lawyer or firm will perform on behalf of the represented party. The legal requirements of a representation agreement vary from state to state. In West Virginia, the requirements are outlined in the West Virginia Rules of Professional Conduct and the West Virginia Rules of Civil Procedure. Generally, a representation agreement must include the following: the parties to the agreement, the scope of the representation (i.e., what type of legal services will be provided), the fee arrangements and/or payment schedule, the applicable fee agreement and its attachments, the term of the agreement, the means of communication between the represented party and the lawyer or law firm, the means of dispute resolution, and the applicable law. Whether a representation agreement is enforceable will often depend on whether it meets the requirements of the applicable state law. In West Virginia, for example, the matter must be in writing, signed by both parties, and approved by the court, if necessary. The representation agreement must also include a clause that states that the attorney shall comply with all applicable rules of professional conduct. To ensure that the representation agreement is legally enforceable, it is best to work with a knowledgeable attorney who is familiar with the laws in West Virginia. An experienced attorney can help to ensure that all of the applicable requirements are met, and can advise you of your rights and responsibilities under the agreement.

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