(SAMPLE) REPLENISHING CLIENT AGREEMENT
(Traditional- not flat fee)
* This sample agreement is provided for informational purposes only and may not be appropriate for your particular case. If you are looking for our flat fee calculator, click here.
Please read this Agreement carefully and be sure you fully understand it before you sign and return to Modern Law, PLLC. This Agreement contains the terms under which Modern Law will represent you. Your signature on this agreement confirms your understanding of and agreement to its terms.
- Client, Daffy Duck, engages Modern Law for representation in a legal matter in connection with a Divorce with children, and related matters inclusive of withdrawal.
- The Firm will have primary responsibility for this matter. The Firm may also utilize the services of other attorneys, paralegals, secretaries, investigators, litigation/clerical support assistants where appropriate. Staffing decisions will be made by the Firm with the Objective of providing services on a cost-effective and efficient basis. Representation is effective as of the date the Firm begins providing services to the Client as a result of the requested representation. The Firm will undertake this matter and work with Client to achieve the desired objectives by using its lawyers’ best judgment and skill in representing Client.
- When the Firm determines that the Client’s matter has been completed, notice of completion of the matter will be given in writing to Client and Attorney shall withdraw, if applicable, as Attorney of Record.
- The Firm cannot guarantee and has not guaranteed any result in the final disposition of the matter(s) referenced above, nor has the Firm, or any individual attorney in it, guaranteed the matter(s) can be concluded by the expenditure of any set amount of time or money. Client understands that there has been no guarantee regarding the outcome of the matter(s).
- Billing for professional services is anticipated to be in accordance with Rule 1.5 of the Rules of Professional Conduct promulgated by the Arizona Supreme Court. To help determine the value of services rendered, written records of the actual hourly services rendered will be kept. The hourly rates are based on years of experience, specialization in training and practice and level of professional attainment. Current hourly rate for Senior Attorneys is $350 hourly. Junior attorneys bill at $250 per hour. The current rate for Paralegal work is $100 per hour and Legal Administrative work is $80 per hour. From time to time these hourly rates may change. You will be notified in writing at least 30 days in advance of any rate increases. Due to the nature of this Agreement, the Firm is not prepared to currently estimate the total amount of fees required for the Firm’s representation of Client.
- Modern Law uses a hybrid of flat fee and hourly billing in order to offer greater uniformity and predictability for your legal fees. The following schedule of fees represents the typical minimum flat fee drafting for services. The flat fee will include any copying or administrative time, so you will not be charged additional money for those services. Please note that the drafting work performed on your case may exceed these minimum flat fees. Drafting costs will increase depending on the complexity or novelty of the issues. Additionally, unexpected circumstances that lead to more work will increase your costs. If your case does not fall within these prices and your attorney anticipates the additional costs, your attorney will specifically discuss it with you. Otherwise, you can depend upon the following minimum pricing schedule.
- Petitions: (including any and all required accompanying documents): $800
- Responses: (including any and all required accompanying documents) $600
- Responses: (including any and all required accompanying documents) and Counter Petition $800
- Minimum Charge Motions (ie notice of appearance, notice of change of judge, notice of filing, etc.) $100
- Discovery Requests: $400
- Resolution Statements: $800
- Consent Decree $500
- Parenting Plan: $750
- Clients are required to provide an advanced deposit. For this representation, Client agrees to pay an advance deposit of $5000. In addition to providing the advanced deposit we require that you complete the attached credit card authorization policy. In the event that you are unwilling or unable to do so, the advanced deposit required doubles. This is because of the risk associated with becoming your attorney and the high number of clients who fail to pay and replenish as required.
- Client recognizes that no attorney/client relationship arises and no services will be performed prior to the Firm’s receipt of the first payment of the advanced deposit and signing of this agreement. Upon receipt, the advanced deposit will be held in the Firm’s Trust account. Hourly billing for fees, as well as costs and expenses, will be deducted and drawn from the advance deposit on an ongoing basis as incurred. If the firm uses the advance deposit to pay an outstanding statement, the Firm will notify Client that the firm has done so, whereupon Client will then promptly replenish the advance deposit so that at all times the original deposit is made whole. If the advance deposit is not replenished within 30 days, the Firm reserves the right to terminate the representation, subject to the Firm’s ethical duties. For the Client’s convenience, statements will be sent twice monthly on the 5th and 20th of each month.
- In the event Client deposits part of, but not all of the required advanced deposit, the Attorney will likely be able to provide specific limited scope services determined between you and the Attorney. The Attorney will not, however, become Attorney of Record prior to Client making the full deposit required in this agreement.
- The full advanced deposit must be made whole 30 days prior to any scheduled hearing or trial. If the advance deposit is not whole at this time Client consents to Attorney’s withdrawal from representation.
- Client understands and expressly agrees that should Client fail to remit payment to the Firm within ten (10) days from the billing dates of the 5th and 20th of the each month, an interest rate of 16% per annum will immediately begin accruing on the outstanding balance, and will continue until the entire balance has been paid in full.
- In the event a third party is paying for the representation of Client, both Client and the third party understand that the duties and privileges extend only to Client. The third party payor has no right to confidential information, to guide the objectives of representation, or to communications with Attorney. Only with Client consent will Attorney communicate with any third Party. Any refund of trust money will go to the Client unless directed by Client to go directly to the third party payor.
- In addition to fees for services, Client will be responsible for all out-of pocket disbursements incurred on their behalf. Costs and/or expenses may include but are not limited to: court costs, filing fees, service of process and mileage fees, court reporter fees, deposition fees, photocopying costs, facsimile transmission costs, computerized legal research costs and/or fees, postage and certified mail fees, telephone toll charges, bank search and copying charges, accountants fees, expert witness fees, investigation fees and travel expenses including but not limited to, transportation, parking, accommodations and meals. The Firm anticipates making advances to cover out of pocket costs, but, reserved the right to forward to Client any larger items with the request that Client pay them directly to the provider.
- Modern Law utilizes technology wherever possible to increase efficiency and decrease costs to you. Client understands and consents to storage of information in the Cloud. If you or your adverse party has a security clearance you MUST tell Modern Law, so that we may take additional steps to secure your information. Client understands that they should use a private email address for communications with Attorney. It is not recommended that Client uses a work email for communication, as your confidentiality may be compromised.
- Attorney Billie Tarascio is also the owner of Access Legal, LLC, a certified legal document preparation company that makes legal documents available to the public. It is possible that your opposing party may access and utilize this document service. You agree that this will not constitute a conflict, as customers of Access Legal do not receive legal advice, the protection of confidentiality, or attorney client privilege.
- No settlement will be entered without Client’s approval.
- Client recognizes that representation cannot be effective without Client’s cooperation. Client agrees to cooperate fully and to provide promptly all information known or available to Client relevant to representation, including providing information and documents in a timely fashion; assisting in discover/disclosure and trial/hearing preparation, cooperating in scheduling and related matters; responding to telephone calls and correspondence in a timely manner; and informing of changes in Clients address and/or telephone number.
- The Firm uses electronic files and will provide an electronic file to you at the close of representation. In the event you require a paper file, copying charge and administrative time will be billed in order to create and provide to you a paper file. During the course of representation, Client may have occasion to provide the firm with documents and other materials, we will seek to return these originals to you whenever possible immediately. If this is not possible then at the end of Representation, the Firm will return the documents and materials to Client or retain them as Client directs. If the Firm receives no such direction from Client, and the documents and materials are not returned to Client, Client agrees that the documents may be destroyed at such time as the file itself is destroyed in accordance with our document retention policy. Currently, it is our policy to destroy files after they have been closed for five (5) years. We will deem Client’s acknowledgment of our engagement as an assent to the handling of Client’s documents in this respect.
- Either Client or Firm may terminate the representation at any time for any reason with written notice, subject on the Firm’s part to its ethical duties. In the event that the Firm terminates the representation, the Firm will take such steps as are reasonably practicable to protect Client’s interest in this matter and, if Client requests, make a recommendation on possible successor counsel. Documents and things provided to the Firm by Client will be provided to successor counsel upon request by Client.
- If Client is at any time dissatisfied with the Firm or if Client has a question about the fees charged or billing statements or any other matter, Client must inform the firm promptly and work with the Firm towards a resolution; provided however that Client and Firm each retain the option to terminate representation at any time upon written notice, subject on the Firm’s part to its ethical duties.
- If representation is terminated by either party, Client agrees to promptly pay all outstanding fees and costs charged to Clients account for serviced rendered through the date of termination.
- If a dispute arises between Client and the Firm regarding the fees in this matter, the parties agree to resolve the dispute through binding arbitration through the State Bar of Arizona fee arbitration program. Client’s failure to pay fees billed by the Firm, or costs or expenses incurred does not constitute a “dispute” hereunder, and the Firm reserves the right to pursue legal remedies to collect earned fees, or costs and expenses incurred.
- If the Firm incurs the expenditure of time, fees or expenses to collect any costs or interest owed by Client to the Firm, Client agrees to pay all additional costs, including, but not limited to reasonable attorney’s fees for time and services by the Firm for all time devoted to collection efforts or action, whether such expenditure is incurred by the Firm Representing itself or by the employment of outside counsel for such representation.
- No modification or waiver of any provision of this Agreement shall be effective unless the modification or waiver is in writing and signed by the Client and the Firm.
- This agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any prior agreement and understanding related to the subject matter of this agreement.
- If any term, covenant condition or provision of this agreement or the application thereof to any person or circumstance at any time, or to any extent, be invalid or unenforceable then the remainder of this agreement shall not be held invalid.
- This agreement shall be governed by and construed in accordance with the laws of the State of Arizona.
- Client acknowledges receipt of a copy of the agreement and agrees to all terms herein by affixing his/her signature below.