Colombia retainer agreement lawyer
Cross-border business relationships—whether a US company engaging a Colombian distributor, an investor from Medellín establishing a US subsidiary, or an executive transferring under an L-1 visa—rely on a clear legal foundation. That foundation is often the retainer agreement: the contract that defines the scope of legal services, fee arrangements, confidentiality obligations, and the ethical responsibilities of the lawyers involved. When the legal work touches both the United States and Colombia, the retainer must respect the professional conduct rules of each jurisdiction. Law Offices of SRIS, P.C., a US law firm with an international clientele, assists clients in structuring these cross-border engagement terms. Mr. Sris, the firm’s founder and managing attorney, leads the US-law side of the practice. He collaborates with Eric Duport Jaramillo, an Of Counsel attorney licensed in Colombia, on matters requiring Colombian legal input. Licensed in Colombia. Not admitted in any US state bar. Practice with Law Offices of SRIS, P.C. is limited to matters of Colombian law and to serving as a liaison for international clients with US-licensed attorneys at the firm. Call us at (888) 437-7747 to discuss a retainer arrangement that covers both US and Colombian law components.
What a Colombia Cross-Border Retainer Agreement Covers
A retainer agreement in a US-Colombia context addresses the same core issues as a purely domestic engagement, but it must accommodate two distinct legal systems. On the US side, the agreement is governed by state bar rules—in the firm’s case, primarily the Virginia Rules of Professional Conduct—as well as general contract law. It will typically describe the scope of representation, fee structure (hourly, flat fee, or contingent where permissible), how expenses are handled, and the client’s right to terminate. On the Colombian side, the Código Disciplinario del Abogado (Ley 1123 de 2007) imposes its own ethical framework. For example, Colombian rules place specific requirements on fee agreements and client communications that may differ from US practice. A well-drafted cross-border retainer therefore explicitly identifies which attorney is responsible for which jurisdiction’s obligations, so the client knows from the outset that Mr. Sris handles the US-law portion while Mr. Duport Jaramillo handles the Colombian-law portion. The agreement also typically addresses conflict-of-interest waivers, confidentiality under both US attorney-client privilege and Colombian professional secrecy (secreto profesional), and the law governing the agreement itself.
Data protection and cross-border discovery considerations often arise. Colombia’s habeas data right, enshrined in Ley 1581 de 2012, imposes notice and consent requirements that may affect how a US firm handles personal information collected from a Colombian client. The retainer should explain these points in plain language so both parties understand their rights and duties. When a retainer is structured correctly, it reduces the risk of later disputes and helps the attorneys deliver focused, efficient representation in both jurisdictions.
How Mr. Sris and His Of Counsel Network Handle Retainer Matters
Law Offices of SRIS, P.C. approaches every cross-border retainer by first identifying the distinct legal issues on each side of the border. Mr. Sris, admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, takes responsibility for the US-law content of the agreement—ensuring that the scope statement, fee disclosures, and termination provisions are consistent with US bar rules and the client’s objectives. Eric Duport Jaramillo, Of Counsel, concurrently reviews the Colombian-law dimensions. Licensed in Colombia. Not admitted in any US state bar. Practice with Law Offices of SRIS, P.C. is limited to matters of Colombian law and to serving as a liaison for international clients with US-licensed attorneys at the firm. He brings his knowledge of Colombian legal ethics, the requirements of the Ley 1123 de 2007, and his experience with Colombian business practice to the retainer drafting process.
The two attorneys collaborate so that the final document clearly delineates the US and Colombian roles—for instance, stating that Mr. Sris will represent the client before US immigration authorities while Mr. Duport Jaramillo advises on Colombian corporate licensing issues. This division not only complies with professional conduct rules prohibiting unauthorized practice across borders but also gives the client a transparent picture of who is doing what. The firm can also coordinate with the client’s existing Colombian counsel if a separate lawyer is already retained for local matters. Throughout the engagement, the retainer serves as a standing reference, and the firm encourages clients to ask questions about any provision. Contact Law Offices of SRIS, P.C. at (888) 437-7747 to begin the process.
About Mr. Sris and the Law Offices of SRIS, P.C. Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g). He brings extensive cross-border experience to the firm’s international clientele. Eric Duport Jaramillo serves as Of Counsel for Colombia practice. Licensed in Colombia. Not admitted in any US state bar. Practice with Law Offices of SRIS, P.C. is limited to matters of Colombian law and to serving as a liaison for international clients with US-licensed attorneys at the firm. Mr. Duport Jaramillo’s background includes service as former Minister Counselor at the Embassy of Colombia to the European Union and as Executive President of the Pereira Chamber of Commerce, giving him a deep understanding of Colombian commercial and regulatory environments.
Together, Mr. Sris and his Of Counsel network bring extensive combined legal experience across US and Colombian jurisdictions. The network structure—independent, foreign-licensed attorneys who collaborate with the firm—means that every client matter receives dedicated attention from a lawyer admitted in the relevant jurisdiction, while the team coordinates to address the interplay of the two legal systems.
Frequently Asked Questions
What is the purpose of a retainer agreement between a US law firm and a client in Colombia?
A retainer agreement establishes the terms of the attorney-client relationship, clarifying scope, fees, and ethical duties under both US and Colombian law. It ensures that the client understands who will handle the US-law aspects (Mr. Sris) and who will handle the Colombian-law aspects (Mr. Duport Jaramillo), and it sets expectations about how fees are billed and how confidential information is protected. By memorializing these terms in writing, the retainer reduces the risk of misunderstandings and complies with the professional conduct rules of Virginia (and other US states where the firm operates) as well as Colombia’s Ley 1123 de 2007.
Do I need a Colombian lawyer to sign a retainer agreement for US legal services?
No. If the legal services are purely US-based—such as a US visa petition or a Virginia business formation—the retainer is between the client and the US-licensed attorney. Colombian law does not require a Colombian lawyer to be a party. However, if the representation also involves Colombian legal matters (for example, a Colombian corporate registration or a local regulatory review), the firm engages Mr. Duport Jaramillo as Of Counsel, and the retainer will describe his limited role. That way the client has assurance that Colombian-law issues are handled by a licensed Colombian attorney, while Mr. Sris retains conduct of the US side.
How do fees work in a cross-border retainer for US-Colombia matters?
Fees are set in the retainer and can be structured as hourly, flat-fee, or a combination, depending on the nature and complexity of the work. The agreement will specify which attorney’s fees apply to which portion of the matter. For example, Mr. Sris’s time on US immigration filings may be billed at his standard hourly rate, while Mr. Duport Jaramillo’s time on Colombian corporate documentation would be billed at his rate. The retainer also explains how expenses such as translation services, filing fees, and courier costs are handled. The firm encourages clients to discuss fee arrangements before signing so there is no surprise later. Contact us at (888) 437-7747 for specific fee information.
Can the retainer agreement be drafted in both English and Spanish?
Yes. Because Spanish is the official language of Colombia, the firm can prepare or review the retainer in a bilingual format, or provide a Spanish translation for the client’s convenience. Mr. Duport Jaramillo, a native Spanish speaker, can advise on the accuracy of the Spanish text, and the firm can arrange for certified translation if needed for Colombian authorities. The English version remains the controlling document for any dispute under US law, a point that the retainer will make clear.
What law governs a retainer agreement between a US firm and a Colombian client?
The retainer itself will specify the governing law. In most cases, the US-law components are governed by the law of the state where the US attorney is licensed—typically Virginia—while the Colombian-law components look to Colombian law. Because the attorney-client relationship on the US side is subject to US professional responsibility rules, the retainer is drafted to avoid any conflict between those rules and Colombian ethical standards. If the matter is litigated in a US court, the agreement’s choice-of-law clause will generally be enforced, subject to public-policy exceptions.
Can the retainer cover both US immigration work and Colombian corporate matters?
Yes. A single retainer can encompass multiple practice areas as long as each component is clearly described and the responsible attorney for each jurisdiction is identified. For example, the retainer might state that Mr. Sris will handle an L-1A intracompany transferee visa petition before USCIS, while Mr. Duport Jaramillo will advise on the Colombian parent company’s board resolution that supports the petition. The agreement will itemize the scope of each attorney’s work so the client understands the division of responsibilities. If the client prefers a separate engagement letter for each jurisdiction, that can also be accommodated.