Bohnen, Rosenthal & Kreeft contract

 

 

This document (the "Agreement") is the written fee contract under which Bohnen, Rosenthal & Kreeft, an association of law partnerships, ("We" or "Us") will provide legal services to ________________________________________ ("you" or "your").

1. EFFECTIVE DATE

The date at the beginning of this Agreement is for reference only. 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. The Agreement's effective date will, however, be retroactive to the date we first performed services. Even if this Agreement does not take effect, you will be obligated to pay us the reasonable value of any services we have performed for you.

2. SCOPE OF SERVICES

You are hiring us to represent you solely in the following matter: ________________________________________ Unless we make a different written agreement, this Agreement governs all services we perform for you following the date of its execution.

3. YOUR DUTIES.

You agree to be truthful with us, cooperate, keep us informed of developments, abide by this Agreement, pay our bills on time, and keep us advised of your address, telephone number, and whereabouts.

4.COMMUNICATIONS

Absent your request to the contrary, we will make reasonable efforts to keep you fully advised as to the subject of the representation and disseminate all documents and correspondence to you. We will seek your opinion on significant issues.

5.CONFIDENTIALITY

It is in your best interest to preserve the confidentiality of all communications between us. Your ability to protect the confidentiality of those communications may be jeopardized if you disclose their contents to third parties.

6. TRUST ACCOUNT

To the extent we hold your funds in trust, either as an advance deposit, or for settlement or payment of a judgment or other award, we will deposit those funds in a general trust account. With a general trust, interest earned is not paid to you, but to the State Bar of California to fund legal services.

7. DEPOSIT

a. Initial Deposit. You hereby pay an initial deposit, which we acknowledge receiving, in the sum of________. We will place your deposit in the general trust account. You authorize us to transfer funds deposited in that account to our general account to pay any fees and costs which are due and unpaid as of the date we mailed you the billing statement(s). If deposit funds are transferred from the general trust account to our general account, you agree to restore the deficit sufficient to return the balance to________ within seven (7) days. This deposit is fully refundable to the extent any balance remains after fees and costs are paid.

b. Responsibility to Pay Fees and Costs. In no event shall the amount of the initial deposit limit your responsibility to pay all fees and costs.

c. No Waiver. Our failure to draw upon any deposit as described above shall not be construed as waiving these provisions.

d. Litigation Deposit. A pre-trial deposit will be due thirty (30) days prior to trial, arbitration or mediation. The deposit will be held in trust and applied toward trial preparation and attendance

8. RESPONSIBILITY FOR PAYMENT OF LEGAL FEES AND COSTS; BILLING PRACTICES

a. Rates. You agree to pay on a monthly basis, when billed, all fees for legal services at our hourly rates and all costs incurred in handling the legal matter described above. The total amount of fees and costs will vary depending on circumstances. Any projection of fees or costs is merely an estimate, not an agreement to perform the above services for a flat fee. Current attorney hourly rates are set forth on the Rate Schedule attached and incorporated hereto. This schedule is subject to change. Such notice, if given, will be provided in your monthly billing statement. If you have any questions or disagree with any rate change, please contact attorneys immediately.

b. Specific Charges. We charge for the time spent on telephone calls relating to your matter, including calls with you, opposing counsel, court personnel, experts, and others as we believe is necessary. The legal personnel assigned to your matter will confer among themselves about this matter, as required. When they do, each person charges for the time spent. Likewise, if more than one of the legal personnel is required to attend a meeting, hearing, or other proceeding, each charge for the time spent. We charge for waiting time in court and elsewhere and for local and out-of-town travel.

9. COSTS AND OTHER CHARGES

a. General. We will incur various costs and expenses in performing legal services for you. You agree to pay for those costs and expenses in addition to the hourly fees. We may elect, but are not obligated to incur costs on your behalf and seek reimbursement from you. In some circumstances you may be required to pre-pay such costs. Certain bills for costs incurred will be forwarded directly to you for payment. You agree to pay such costs in a timely manner. All charges for in-house costs will be included in our monthly bill. You acknowledge having read, understood, and agreed to the rates for costs and expenses set forth in the attached Rate Schedule, which is incorporated into this Agreement.

b. Costs and expenses commonly include: long distance telephone calls; fax charges; messenger and other delivery fees; postage; parking and other local travel expenses; photocopying and other reproduction costs; clerical staff overtime; word processing charges; charges for computer time; and similar items. We have the right to use an outside copy service and charge you the amount charged to us.

10. BILLING

We will bill you for legal fees and costs monthly. Your payment is due within ten (10) days after we mail the bill (if insufficient funds remain in our trust account to pay your bill in full). Our bills will reflect current charges for professional services rendered on an hourly basis, including all work performed by attorneys and legal assistants. There will be variations in hourly rates depending upon which of the legal personnel assigned to your matter performed the services. Our bills will also reflect cash disbursements made by us for costs incurred on your behalf.

11. DISCHARGE AND WITHDRAWAL

You may discharge us at any time. We may withdraw from representing you with your consent or for good cause. Good cause includes your breach of this Agreement (including your failure to pay bills and/or deposits), your refusal to cooperate with us or to follow our advice, or any circumstance that would, in our opinion, render our continued representation of you unlawful or unethical.

When our services conclude, all unpaid charges will immediately become due and payable. After our services conclude, we will, upon your request, deliver your file to you as provided by California law. We will also return any deposit in our trust account remaining after payment of amounts owing for fees and costs, along with any other of your funds or other items in our possession.

12. TERMINATION

Our retention terminates absolutely when the work described above in Paragraph 2 is completed or we are discharged or withdraw. After this repre¬sentation terminates, we do not undertake or have a continuing duty to represent you or keep you informed about any matters, facts, law, or developments which are or may be relevant to the matter for which we were retained.

13. DISCLAIMER OF GUARANTEE

Nothing in this Agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. We make no representations or warranties concerning the successful prosecution or defense of your matter or the favorable outcome of any legal action that has been or may be filed. We do not guarantee we will obtain compensation or reimbursement to you for any costs, expenses, or other damages resulting from the subject matter of this representation. All of our statements on any such matters are statements of opinion only.

14. ARBITRATION AND ATTORNEYS' FEES

a. Arbitration. Any dispute with respect to your liability for fees and costs shall be submitted to arbitration in accordance with the California Business & Professions Code, Section 6200 et seq. and the California Code of Civil Procedure, Section 1280 et seq.

b. Attorneys' Fees. In any litigation or arbitration arising out of any fee dispute between the parties, the prevailing party shall be entitled to recover attorneys' fees and costs.

15. INDEPENDENT COUNSEL

You understand your right to obtain, at your own expense, independent legal counsel regarding this Agreement or any aspect of this matter. Your signature below indicates you either sought such advice or waive your right to do so.

16. COUNTERPARTS/ MODIFICATIONS

This Agreement may be signed in counterparts. Each counterpart shall constitute a binding agreement upon each and all of the undersigned. This is the parties entire agreement. All terms and representations are contained herein. Any oral representations or agreements not contained herein and made prior to the date of this contract is of no legal force or effect and are hereby rescinded.

NOTICE TO CLIENTS:

DO NOT SIGN THIS FEE AGREEMENT BEFORE YOU HAVE READ IT OR IF IT CONTAINS ANY BLANK SPACES TO BE FILLED IN. YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY.

The parties to this Agreement have read and understood its terms and agree to them, as of the date Bohnen, Rosenthal & Kreeft first provided services.

WHEREFORE, the parties to this Agreement, through their duly authorized representatives, have signed this attorney-client fee agreement on the date(s) which appear below:

 

Dated: ____________________________

 

By: ____________________________

 

Dated: ____________________________ Bohnen, Rosenthal & Kreeft

 

By: ____________________________

 

 

RATE SCHEDULE

 

1. Client:

2. Matter:

3. Hourly billing rates:

1. Robert E. Rosenthal, Partner: $325.00
2. Andrew B. Kreeft, Partner: $325.00
3. Douglas K. Dusenbury, Of Counsel: $325.00
4. Associates: $260.00
5. Paralegal: $150.00
6. Law Clerk: $125.00
7. There is no charge for ordinary secretarial services

4. Costs and expenses:

1. In-office photocopying: $0.25 per copy
2. Mileage: $0.50 per mile
3. FAX: $2.00 per page (sending only)
4. Postage: Actual cost
5. Messenger: Actual cost
6. Long Distance Telephone: Actual cost
7. Information Databases: Westlaw, LEXIS, Information America, DBT Online: Actual cost

5. Subject to Change

The rates on this schedule are subject to change. If you decline to pay any increased rates, we will have the right to withdraw as your lawyers.

 

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