RETAINER LEGAL FEE AGREEMENT
This Agreement acknowledges the employment of STRICKLAND LAW FIRM (hereinafter "Attorney") by (hereinafter "Client") and the fee arrangement by which Attorney will represent Client in the following matter or proceeding: .
Client understands that Attorney cannot guarantee the results of any proceeding and acknowledges that no representations have been made by Attorney about the outcome of this matter.
I. SCOPE OF REPRESENTATION
Attorney will provide Client legal representation which will include, but is not limited to, the following: (1) communication with Client, Attorneys and other relevant persons; (2) case correspondence; (3) document preparation; (4) legal research; (5) office conferences; (6) court appearances; and (7) travel to and from locations away from the Attorney's office. Unless otherwise expressly stated in this Agreement, representation DOES NOT include an appeal of your case.
II. COOPERATION OF THE CLIENT
Client shall comply with all reasonable requests of the Attorney in connection with the preparation and presentation of the Client’s legal matter. If it is found that important information has been withheld from Attorney or critical to the scope of Attorney services, then Attorney reserves the right to immediately terminate Client representation.
Client shall always keep the Attorney advised of Client’s legal and actual residence and provide the Attorney with any changes of legal and actual residence address, e-mail, phone number, or business affiliation during the time period which Attorney’s services are required.
III. LEGAL FEES
Client agrees to deposit with the Attorney – to be placed in the law firm’s Attorney’s Trust Account – a beginning refundable retainer of within five (5) days of the signing of this contract and before any work is done on Client’s behalf. Client may enter into a payment plan with Attorney provided that half of the retainer fee has been provided and a credit card is placed on file. The initial retainer represents payment of the initial costs of matter filings, contract drafting, settlement negotiations, and any other additional services in which will be deducted from this retainer as bills are due.
Each time that the retainer reaches a minimum balance of , an additional retainer will be due until the purpose of legal representation is completed.
Should it become necessary to attend trial, Attorney may charge an additional retainer to prepare for and litigate a bench trial, OR an additional retainer to prepare for and litigate a jury trial, with trial retainer due forty-five (45) days prior to trial date.
If and when the current retainer is exhausted by billings, you agree to promptly pay an additional retainer to keep your account funded for future billings. In the event this matter is resolved, or representation is terminated before any retainer is exhausted, Attorney will return the balance, less the total of any outstanding bills, unbilled legal fees, and/or unreimbursed expenses.
IV. ASSIGNMENT OF INTEREST
In consideration of Attorney’s services, the Client hereby sells, conveys, and assigns to the Attorney an interest to the extent herein indicated in Section II to the claim, cause of action, compromise, settlement, judgment, payment of services, profits or recovery thereon. All sums become due upon rendering of service by Attorney and are immediately payable to the Attorney at time of receipt of proceeds from settlement or judgment.
V. EXPENSES AND DEDUCTIONS
The Attorney may advance any or all of the expenses necessary in the investigation, preparation, and for trial of this matter. Costs of all reasonable expenses advanced or incurred in providing services on behalf of Client shall be billed to Client’s share in addition to Attorney’s Fees for services rendered to Client. Attorney agrees to furnish details regarding fees and deductions for costs and expenses. Additionally, all amounts collected for any cost or fee retainers are non-refundable.
All amounts in paragraphs III and V, shall be computed on the gross amount the Client receives unless otherwise specified. Any time determinations regarding Attorney’s fees, as referenced in the paragraphs above shall be calculated in addition to expenses and costs. The hourly billing rate shall be in accordance with such provisions, if any, shall be billed in increments of six-minute intervals. The time is chargeable at a rate of Two Hundred Fifty Dollars and Zero Cents ($250.00) per hour for services rendered. Upon the conclusion of this matter Attorney will furnish details regarding fees, costs, and expenses.
True Retainer-Client understands there will be a monthly fee of billed solely for the purpose of ensuring the “availability” of Attorney for all legal matters.
If Attorney determines it necessary, then other attorneys may be used, in the pursuit of the Client’s legal work, at an hourly rate not to exceed Two Hundred Dollars and Zero Cents ($200.00) per hour for services rendered. Upon the conclusion of this matter Attorney will furnish details regarding fees, costs, and expenses.
If Attorney determines it necessary, then other legal staff, such as but not limited to paralegals, clerks, mediators, and others may be used, in the pursuit of the Client’s legal work, at an hourly rate not to exceed Seventy-five Dollars and Zero Cents ($75.00) per hour for services rendered. Upon the conclusion of this matter Attorney will furnish details regarding fees, costs, and expenses.
Client agrees to reasonably keep Attorney advised of whereabouts at all times. Clients agree to appear at necessary meetings or negotiations at the prior reasonable request of Attorney and to meet with Attorney to properly prepare for such. Attorney agrees to keep Client reasonably informed of all material occurrences, rulings, and/or happenings in connection with Client’s case.
The Attorney may, at the sole discretion of Attorney associate with any other Attorney in the representation of the aforesaid claims of the Client. Attorney may refer all or part of the case to any other Attorney in the handling of this matter.
VIII. REIMBURSEMENT OF COSTS AND EXPENSES
In addition to legal fees, Client is responsible for payment of costs and expenses incurred and disbursements made on Client's behalf including, but not limited to, photocopying costs, long distance telephone charges, travel expenses, postage, and fees and expenses for any experts hired on the Client's behalf. Client agrees to pay all of expert fees and expenses in advance. Client specifically understands that Attorney will not advance any expert fees and expenses. Attorney agrees to furnish details regarding fees and deductions for costs and expenses.
IX. PAYMENT OF FEES
Client will be responsible for the prompt payment of all fees and costs incurred in excess of the fee agreement. Absent any other arrangements made in writing, payment is due immediately upon receipt of the billing statement. In the event Attorney must take legal action to collect Client's account, Client expressly agrees to pay all collection costs, including reasonable Attorney fees.
If any dispute arises between Client(s) and Attorney, the dispute shall be resolved by binding arbitration in Harris County in accordance with the rules of the State of Texas. The arbitrator shall have the discretion to order that the cost of arbitration, including arbitrator's fees, or other costs, and reasonable attorneys' fees, shall be borne by the losing party.
XI. WITHDRAWAL OF ATTORNEY
Client understands and expressly agrees that Attorney may withdraw from representation of Client at any time if Client fails to honor the fee arrangement therein set forth including, but not limited to, payment of fees and expenses on a timely basis; fails to cooperate in the preparation of the case; fails to make a full and complete disclosure of the facts and circumstances relating to the case; or otherwise takes any action which impedes the ability of Attorney to provide adequate and ethical representation. In the event that Attorney withdraws, terminates or is terminated, Client is obligated to pay Attorney’s fees earned up to the date of the last services rendered on an hourly basis of Two Hundred Fifty Dollars and Zero Cents ($250.00) and agrees to reimburse Attorney for all expenses, costs and/or charges advanced by Attorney or incurred in the representation of Client.
THIS FEE AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN ATTORNEY AND CLIENT. ATTORNEY ADVISES THE CLIENT TO READ THE FEE AGREEMENT CAREFULLY AND TO DISCUSS ANY QUESTIONS OR CONCERNS REGARDING THE TERMS OF THE FEE AGREEMENT.
I hereby acknowledge that I have read this Fee Agreement and have discussed any questions or concerns I have regarding this Fee Agreement and have received a copy of the same. I agree to retain Attorney in accordance with the terms and conditions of this Fee Agreement.