Page 314 - State Bar Directory 2023

Costs
We will not bill you for most long distance calls or for providing copies of documents either by e-mail or on disk. We will bill for extraordinary telephone charges, such as conference calls, and for copying charges to reproduce voluminous documents and post- age to mail them to you or to others. You can save on those costs by agreeing to receive your copies by fax or e-mail.
( Note: Attorney-client privileges may not be protected when using this method of communication with a client.) We will charge for the costs of extraordinary computerized legal research, travel expenses, wire-transfer fees, and other expenses directly related to represent you.
Billing and Payments
We will bill you once a month. Our statement will detail the services performed and expenses incurred. If you have questions or concerns about any statement, please call us immediately. Prompt payment will be appreciated. We are not in the business of extending credit to our clients. Statements that are not paid within thirty (30) days after receipt will accrue interest on the unpaid balance at the rate of ____ percent (___%) per month.
If we have to take legal action to collect amounts due from you, you agree to pay all reasonable costs of collection, including all interest, expert witness fees and attorney fees. If a money judgment is rendered in your favor in a matter in which we are representing you, we will have a lien on that judgment for any unpaid fees or costs.
Termination
You may discontinue using our services or change to other counsel at any time. Notice of such a change should be in writing. We may terminate our representation of you if you fail to pay our bills when due, or if you insist that we pursue objectives that we consider repugnant, imprudent, unprofessional, or unethical. Regardless of who terminates our relationship or why, you must pay for services provided and costs incurred through the date of termination.
If you have questions about anything set forth in this letter, please call me to discuss them. Otherwise please sign one copy of this letter and return it to me in the enclosed envelope to signify your acceptance of the terms set forth.
Sincerely, Agreed to this _____ day of ____________, 200_.
_____________________________
1. Conditions (Par. 1) and Effective Date (Par. 12)
____________________________ (client signature)
At the threshold, you must determine at what point the contract comes to life. Once it does, you are obligated to render services, even if you have not been paid. If you perform services before the written contract takes effect, you will be limited to a “reasonable” fee. This form and other samples embody one solution to these intertwined issues. It is not the only solution, nor will it always be the best solution.
Par. 1 (Conditions) interacts closely with par. 12 (Effective Dates). Working together, the two clauses are designed to delay the lawyer’s obligation to perform services until the client signs the contract and pays the deposit; however, the clauses also are drafted to bring within the contract any services performed before signing and payment. We recognize that lawyers frequently will (or must) perform services before signing and payment. For that reason, we bring “premature” services under the contract’s protection; upon signing and payment the contract will take effect, but retroactively to the date the lawyer first performed services.
If you expect to perform services before the contract is signed and the deposit paid, then document the facts in writing, signed by the client. (See Rule 1.5 of the Montana Rules of Professional Conduct, below.)
2. Scope and Duties (Par.2)
Fill in a brief description of the subject of the representation.
3. Deposit (Par.3)
This is an optional clause. Fill in the amount of any deposit and the date by which it must be paid. We have provided for the client’s
authorization for the lawyer to withdraw funds from the trust account. If you prefer a more cautious approach to the authorization question, you can provide that sums will be withdrawn from the trust account only after they are invoiced to client and “x” hours for any court appearance or “y” dollars for the “standard” first set of interrogatories. If you do not disclose such practices, you probably are misleading the client when you state that you charge by the hour.
4. Legal Fees (Par. 4)
Add any standard or minimum time or dollar charges for specific functions - for example “x” hours for any court appearance or “y” dollars for the “standard” first set of interrogatories. If you do not disclose such practices, you probably are misleading the client when you state that you charge by the hour.
5. Costs and Expenses (Par.5)
This is not an inclusive list. You may include more or less. Additional items are included in the cost provisions of the long form agreements. You should disclose the rate or charges for any item not passed through strictly at cost.
6. Statements (Par.6)
Lawyers’ statements need not describe the services rendered (although it is recommended), but must state the “basis” of the charges, including the amount, rate, and basis for calculation or other methods of determination of your fees.
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SAMPLE HOURLY LITIGATION/NON-LITIGATION CONTRACT COMMENTS