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Ayres, Jenkins, Gordy & Almand, P.A.

Law Practice Tips from AJGA

by AJGA, posted on Tuesday, August 18, 2026

Consider inserting a clause in your Retainer Agreement limiting your exposure to the person who is hiring you. For example: No Third-Party Beneficiaries. There are no third-party beneficiaries to this agreement, express, implied, intended or otherwise.

Doing so serves to limit your exposure only to your client and no one else.

Also it is suggested that you include in your Retainer Agreement a provision warning client of the danger of posting communication to or from you in social media—Attorney/client privilege. By law our communications are privileged and not subject to inquiry. The privilege may however be waived by you, the client. This can be done unintentionally for example by you posting my communication on your social media. Please do not post any communication to or from me on any form of social media.

It is suggested that you emphasize the importance of this provision by having the client initial the clause when signing the Retainer Agreement.

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