Page 316 - State Bar Directory 2023

funds or property in Attorney’s possession.
11. DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of Client’s matter are expressions of opinion only.
12. EFFECTIVE DATE. This Contract will take effect when Client has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date Attorney first provided services. The date at the beginning of this Contract is for reference only. Even if this Contract does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client.
Attorney/Firm Client By__________________________________ ____________________________________
1. Scope of Services (Par. 2)
Scope of services excludes appeal from the judgment and execution proceedings. You may exclude more, less or nothing. We have created a safety net, providing that this agreement will cover any future services. Some lawyers take the opposite approach, however, stating that they engage to perform only the services described in the agreement.
2. Minimum Fee/Deposit (Par. 4)
You need not require a minimum fee or a deposit of any kind. This paragraph sets forth one way to handle the deposit if you opt for one.
We also have placed a ceiling on further deposits. Without a ceiling, the right to require further deposits is so open-ended that it could be unenforceable for uncertainty. In addition we have provided for advance payment of all fees and costs to be incurred in preparing for and conducting trial or arbitration. Because it is calculated based on objective facts, we have placed no ceiling on the pre-trial deposit.
3. Legal Fees and Billing Practices (Par. 5)
In the second paragraph we have enumerated some of the billing practices that are frequently the subject of dispute.
4. Out of Town Travel (Par. 6(b))
Many firms do not charge for traveling time or charge at reduced rates. You may wish to address first class air travel.
5. Rate Schedule
In Part D of the Rate Schedule, we have listed charges that are not usually passed through strictly at cost. All such charges should
be enumerated. We also have disclosed clerical staff overtime rates, even though they obviously are strictly at cost.
(*Non-Litigation language is in italics)
ATTORNEY-CLIENT FEE CONTRACT
This ATTORNEY-CLIENT FEE CONTRACT (“Contract”) is entered into by and between ____________________ (“Client”) and _________________ (“Attorney”).
1. CONDITIONS. This agreement will not take effect, and we will have no obligation to provide legal services, until you return a signed copy of this agreement and pay the initial deposit called for under Paragraph 4.
2. SCOPE OF SERVICES. You are hiring us as your attorneys, to represent you in the matter described on the attached Rate Schedule. We will provide those legal services reasonably required to represent you. We will take reasonable steps to keep you informed of progress and to respond to your inquiries. Our services will not include litigation of any kind, whether in court, in admin- istrative hearings or before government agencies or arbitration panels. If a court action is filed, we will represent you through trial and post-trial motions. After judgment we will not represent you on appeal or in execution proceedings. Unless you and we make a different agreement in writing, this agreement will govern all future services we may perform for you other than litigation.
3. CLIENT’S DUTIES. You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this Contract, to pay our bills on time and to keep us advised of your address, telephone number and whereabouts.
4. DEPOSIT. You agree to pay us an initial deposit of $____ by ____ . Our hourly charges will be credited against it. The remainder of the initial deposit, as well as any future deposit, will be held in a trust account. You authorize us to use that fund to pay the fees and other charges you incur. Attorney shall be entitled to transfer from such trust into his general account such sums as shall, from time to time, compensate Attorney for the fees, costs and expenses owing as of the date of transfer.
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.
Whenever your deposit is exhausted, we reserve the right to demand further deposits, each up to a maximum of $____ . Non- litigation contracts would remove the following two sentences: Once a trial or arbitration date is set, we will require you to pay all sums then owing to us and to deposit the attorneys’ fees we estimate will be incurred in preparing for and completing the trial or arbitration, as well as the jury fees or arbitration fees likely to be assessed. Those sums may exceed the maximum deposit.
SAMPLE LONG FORM HOURLY LITIGATION COMMENTS
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SAMPLE HOURLY-LONG FORM-LITIGATION/NON-LITIGATION*