ATTORNEY FEE AGREEMENT
This Attorney Fee Agreement ("Agreement) is made by and between the attorney whose name and signature appears below (hereinafter "Attorney") and the client(s) whose name(s) and signature(s) appear below (hereinafter "Client") which sets forth the terms and conditions upon which the Attorney will provide legal services to the Client..
1. Conditions. This Agreement will not take effect, and the Attorney will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and pays the initial deposit set forth in the Addendum hereto.
2. Scope of Services. The Client hires the Attorney to provide legal services as set forth in the Addendum hereto. The Attorney will provide those legal services reasonably required to represent the Client. The Attorney will take reasonable steps to keep the Client informed of progress and to respond to Client's inquiries. This Agreement does not cover litigation services of any kind, whether in court, arbitration, administrative hearings, or government agency hearings. Separate arrangements must be agreed to for those services. Services in any matter not described above may require a separate written agreement.
3. Client's Duties. Client agrees to be truthful, to cooperate, to keep with Attorney and its attorneys, employees and agents informed of any information or developments which may come to Client's attention, to abide by this Agreement, to pay Attorney's invoices on time and to keep the Attorney advised of Client's address, telephone number and whereabouts. Client will assist the Attorney in providing information and documents necessary for the representation in the described matter.
4. Deposit. Client agrees to pay the Attorney an initial deposit (the "Retainer") as set forth in the Addendum hereto. Any flat-rate or hourly charges will be charged against the Retainer. The Retainer as well as any future deposit, will be held in an attorney-client trust account. Client authorizes Attorney to use the Retainer to pay any legal fees, costs, or other charges as they are incurred. Client shall have the right to an itemized statement of said fees and costs charged against the Retainer. Client acknowledges that the Retainer is not an estimate of total fees and costs, but merely an advance for security. Whenever the Retainer is exhausted, Attorney reserves the right to demand further deposits to continue providing legal services to Client. Client agrees to pay all deposits after the initial deposit within ten (10) days of Attorney's demand or Attorney reserves the right to withdraw legal representation. Unless otherwise agreed in writing, any unused deposit at the conclusion of Attorney's services will be refunded to Client.
5. Legal Fees and Billing Practices. Client agrees to pay by the hour at Attorney's prevailing rates for all time spent on the Client's matter(s) by the Attorney's legal personnel. Current hourly rates for legal personnel are set forth on the Addendum hereto.
(a) The rates on the Addendum are subject to change on thirty (30) days' written notice to the Client. If Client declines to pay any increased rates, the Attorney's attorneys will have the right to withdraw as attorney for Client. The time charged will include the time Attorney's attorneys, employees, and agents spend on telephone calls relating to Client's matter, including calls with Client and other parties and attorneys. The legal personnel assigned to Client's matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting or other proceeding, each will charge for the time spent. Attorney will charge for waiting time and for travel time, both local and out of town. Time is charged in minimum units of two tenth's (.2) of an hour.
(b) The rates set forth on the Addendum are not set by law, but are negotiable between an attorney and client. If the Client does not agree to said fees, however, the Attorney reserves the right to decline or withdraw representation pursuant to Section 8 of this Agreement.
6. Costs and Other Charges.
(a) In general, the Attorney will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include fees fixed by law or assessed by public agencies, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses and consultants' fees and other similar items. Except for the items listed below, all costs and expenses will be charged at Attorney's cost.
In-office photocopying: $0.25 per page
Facsimile charges: $0.50 per page
Mileage: $0.50 per mile
(b) Out of town travel. Client agrees to pay transportation, meals, lodging, and all other costs of any necessary out-of-town travel by Attorney's personnel. Client will also be charged the hourly rates for the time legal personnel spend traveling.
(c) Outside Attorneys and Professionals. To aid in the representation in Client's matter, it may become necessary to hire other attorneys, accountants, consultants, investigators or other professionals (collectively "Professionals"). Client agrees to pay such fees and charges. Attorney will select any such Professionals to be hired, and Client will be informed of persons chosen and their charges.
7. Billing Statements. Attorney will send Client periodic statements for fees and costs incurred. Each statement will be due and payable in full within ten (10) days of its mailing date. Client may request a statement at intervals of no less than thirty (30) days. If Clients requests, Attorney will provide one within ten (10) days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount.
8. Interest Charges. If a billing statement is not paid when due, interest will be charged on the principal balance (fees, costs, and disbursements) shown on the statement. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid.
9. Discharge and Withdrawal. Client may discharge Attorney at any time. Attorney may withdraw with Client's consent or for good cause. Good cause includes: (i) Client's breach of this Agreement; (ii) refusal to cooperate or to follow Attorney's advice on a material matter; (iii) or any fact or circumstance that would render Attorney's continuing representation unlawful or unethical. When Attorney's services conclude, all unpaid charges will immediately become due and payable. After services conclude, Attorney will, upon Client's request, deliver Client's file and property in Attorney's possession, whether or not Client has paid for all services.
10. Conclusion of Services. When Attorney's services conclude, all unpaid charges will immediately become due and payable. Attorney is authorized to use any funds held in Attorney's trust account as a deposit against costs to apply to such unpaid charges. After Attorney's services conclude, upon request, Client's file and property will be delivered to Client, or Client's other attorney, whether or not Client has paid any fees and/or costs owed to Attorney.
11. Discharge of Guarantee and Estimates. Nothing in this Agreement and nothing in Attorney's statements to Client will be construed as a promise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney's comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Attorney shall not be a guarantee. Actual fees may vary from estimates given.
12. Approval Necessary For Settlement. Attorney will not make any settlement or compromise of any nature of any of Client's claims without Client's prior approval. Client retains the absolute right to accept or reject any settlement. Client agrees to consider seriously any settlement offer Attorney recommends before making a decision to accept or reject such offer. Client agrees not to make any settlement or compromise of any nature of any of Client's claims without prior notice to Attorney.
13. Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
14. Modification. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
15. Mediation. If a dispute arises out of or relating to any aspect of this Agreement between Client and Attorney, or the breach thereof, and if the dispute cannot be settled through negotiation, the Attorney and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
16. Arbitration.
(a) Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person and provide that the arbitration shall be conducted pursuant to the provider's rules. If the parties cannot agree, then the Superior Court of San Diego County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. Attorney and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The cost of the arbitration, excluding legal fees and costs, shall be borne by the losing party or in such proportion as the arbitrator shall decide. The parties shall bear their own legal fees and costs for all claims, or contract claims, or tort claims. The sole and exclusive venue for the arbitration and or any legal dispute, shall be San Diego County, California.
(b) Notwithstanding Section 16(a) above, in any dispute subject to the jurisdiction of the State of California over attorney's fees, charges, costs or expenses, Client has the right to elect arbitration pursuant to the fee arbitration procedures of the State Bar of California, as set forth in California Business and Professions Code Section 6200, et seq. Those procedures permit a trial after arbitration, unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. If, after receiving a notice of client's right to arbitrate, Client does not elect to proceed under the State Bar fee arbitration procedures, and file a request for fee arbitration within thirty (30) days, any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in the previous Section 16(a).
Because each party is giving up a right, Client is encouraged to have an independent lawyer of Client's choice review these arbitration provisions before agreeing to them.
By initialing below, Client and Attorney confirm that they have read and understand Section 16 above, and voluntarily agree to binding arbitration. In doing so, Client and Attorney voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client is advised that Client has the right to have an independent lawyer of Client's choice review these arbitration provisions, and this entire agreement, prior to initialing this provision or signing this Agreement.
______ (Client Initial Here) ______ (Attorney Initial Here)
17. Attorneys' Fees. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206, will be awarded reasonable attorneys' fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
18. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California.
19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
20. Headings. The article, section, and paragraph titles and headings contained in this Agreement are inserted as a matter of convenience and for ease of reference only and shall be disregarded for all other purposes, including the construction or enforcement of this Agreement or any of its provisions.
21. Effective Date. This Agreement will govern all legal services performed by Attorney on behalf of Client commencing with the date Attorney first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client.
22. Addendum. The Addendum setting forth the fees and scope of services is hereby incorporated by reference.
23. Entire Agreement. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
Attorney:
_______________________________________ (signature)
_______________________________________ (print name)
Client(s):
_______________________________________ (signature)
_______________________________________ (print name)
_______________________________________ (signature)
_______________________________________ (print name)
_______________________________________ (signature)
_______________________________________ (print name)
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. THE CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
