Page 315 - State Bar Directory 2023

7. Lien (Par. 8)
This is an optional clause. An attorney’s lien for litigation matters is already created by Section 37-61-420, Montana Code Annotated. The interaction between federal income tax law and Montana’s attorney’s lien statute is in flux. Attorneys are advised to additional research on this issue.
8. Discharge and Withdrawal (Par. 9)
This is declaratory of applicable rules.
9. Conclusion of Services (Par. 10)
Returning the file and other property is required under existing rules. 10. Disclaimer of Guarantee (Par. 11)
This is an optional clause.
Please Note Comments Above
*TO ADAPT THIS FORM FOR NON-LITIGATION, THE FOLLOWING ADJUSTMENTS CAN BE MADE:
1. Add an exclusion for litigation in Scope and Duties (Par. 2): “Attorney’s services will not include litigation of any kind, whether in court, in administrative hearings or before government agencies or arbitration panels.”
2. Delete the litigation-related costs language that is in italics in Costs and Expenses (Par. 5)
3. Eliminate the lien, because it may sometimes be inappropriate in a non-litigation context.
This ATTORNEY-CLIENT FEE CONTRACT (“Contract”) is entered into by and between ______ (Client) and ______ (Attorney).
1. CONDITIONS. This Contract will not take effect, and Attorney will have no obligation to provide legal services, until Client returns a signed copy of this Contract and pays the deposit called for under Paragraph 3.
2. SCOPE AND DUTIES. Client hires Attorney to provide legal services in connection with _____________________. Attorney shall provide legal services reasonably required to represent Client, and shall take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. Client shall be truthful with Attorney, cooperate with Attorney, keep Attorney informed of developments, abide by this Contract, pay Attorney’s bills on time and keep Attorney advised of Client’s address, telephone number and whereabouts.
3. DEPOSIT. Client shall deposit $____ by ____ . The sum will be deposited in a trust account, to be used to pay:
_____Costs and expenses only.
_____Costs and expenses and fees for legal services.
Client hereby authorizes Attorney to withdraw sums from the trust account to pay the costs and/or fees Client incurs. Any unused
deposit at the conclusion of Attorney’s services will be refunded.
Client agrees that Attorney's Client Trust Account becomes fixed_____ days after the date a bill is sent to Client. Client authorizes
Attorney withdraw the funds from Attorney's Client Trust Account to pay Attorney's fees and costs _______ calendar days after the date a bill is sent to Client. If Attorney receives written objection from Client within ______days of sending the bill, Attorney's right to withdraw the amount that is identified in the objection shall be deemed to be disputed, and Attorney will not withdraw the disputed fees and/or costs from the Client Trust Account until the dispute is resolved.
4. LEGAL FEES. Client agrees to pay for legal services at the following rates: partners-______/hour; associates-______/hour; paralegal-______/hour; law clerks-______/hour; and for other personnel as follows, _________________________. Attorney charges in minimum units of ___ hours.
5. COSTS AND EXPENSES. In addition to paying legal fees, Client shall reimburse Attorney for all costs and expenses incurred by Attorney, including, but not limited to, process servers’ fees, fees fixed by law or assessed by courts or other agencies, court reporters’ fees, long distance telephone calls, messenger and other delivery fees, postage, in-office photocopying at $____ per page, parking, mileage at $____ per mile, investigation expenses, consultants’ fees, expert witness fees and other similar items. Client authorizes Attorney to incur all reasonable costs and to hire any investigators, consultants or expert witnesses reasonably necessary in Attorney’s judgment, unless one or both of the clauses below are initialed by Client and Attorney.
_____Attorney shall obtain Client’s consent before incurring any cost in excess of $____ .
_____Attorney shall obtain Client’s consent before retaining outside investigators, consultants, or expert witnesses.
6. STATEMENTS. Attorney shall send Client periodic statements for fees and costs incurred. Client shall pay Attorney’s statements within ____ days after each statement’s date. Client may request a statement at intervals of no less than 30 days. Upon Client’s request Attorney will provide a statement within 10 days.
7. INTEREST. 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.
8. LIEN.ClientherebygrantsAttorneyalienonanyandallclaimsorcausesofactionthatarethesubjectofAttorney’srepresentation under this Contract. Attorney’s lien will be for any sums due and owing to Attorney at the conclusion of Attorney’s services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The lien created by this provision is supplemental to the lien created by Section 37-61-420, Montana Code Annotated. [Note: The interaction between federal income tax law and Montana’s attorney’s lien statute is in flux. Attorneys are advised to additional research on this issue.] 9. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney may withdraw if, after reasonable investigation, it appears in the judgment of Attorney that Client does not have a reasonably meritorious claim. Attorney may also withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this Contract, Client’s refusal to cooperate with Attorney or to follow Attorney’s advice on a material matter, or any other fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.
10. CONCLUSION OF SERVICES. When Attorney’s services conclude, all unpaid charges shall become immediately due and payable. After Attorney’s services conclude, Attorney will, upon Client’s request, deliver Client’s file to Client, along with any Client
SAMPLE HOURLY ATTORNEY-CLIENT FEE CONTRACT
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