You have asked our firm to represent you in your/separation/dissolution/support/visitation or domestic partnership matter and we have agreed to do so on the terms and conditions contained in this Agreement.
In our conference, we discussed and agreed upon attorney's fees and other charges which you will be expected to pay. Inasmuch as it is essential to the attorney/client relationship that the amount and method of payment of our fees, as well as the nature of the service to be rendered and your obligations to my office are to be understood and agreed upon at the outset, I ask that you READ, initial each page and sign this Agreement, if satisfactory, confirming our arrangement. You will note that this Agreement contains a clause which provides that any dispute will be resolved by way of binding arbitration.
This Agreement is in accordance with the California Business and Professions Code Section 6148 and is intended by both parties to fulfill the requirements of that section.
RETAINER
You have agreed to retain this firm with a retainer in the amount of $________.
Inasmuch as we limit the number of new clients accepted by our office, this is a true retainer to secure our availability, time and services. This is also a deposit for fees which will be charged to you at the rate of $300.00 per hour for Anna S. Karczag's time and $175.00 per hour for an attorney associate's time. In the event paralegal services are utilized, you will be billed therefor at the rate of $ 100 per hour. You understand and agree that the firm may deposit said retainer in its general bank account (as opposed to a Client Trust Account) and utilize said funds even though a portion thereof may be unearned at that time.
Should any balance remain with respect to the retainer over and above the amounts due for services rendered and costs advanced at the time such services are terminated [including the costs of copying the file should you request same], the firm shall be entitled to retain an amount not less than one-fourth of the initial true retainer [providing for our availability], with any such balance due you payable to you concurrently with our next succeeding billing statement.
SERVICES TO BE PROVIDED AND RESPONSIBILITY OF PARTIES
This firm shall represent you through Judgment in connection with the separation/dissolution proceedings and shall perform such services and keep you fully informed of all progress and developments and respond promptly to your inquires and developments. You agree to be truthful and cooperate with us; keep us reasonably informed of developments and of your address, telephone number and whereabouts and timely make any payments required by this Agreement as set forth herein.
ATTORNEY FEES
The total fees shall be predicated upon the amount of time expended in your case and be computed at the charges set forth above. All professional services of the firm or attorneys will be charged in minimum TWELVE MINUTE time increments, rounded for each partial activity to the nearest one-quarter hour and will include, among other things, time expended for conferences with you or others regarding your case, telephone calls, travel (portal to portal), discovery, including depositions, interrogatories. Requests For Admissions, review of correspondence received and sent, appearances, research, memorandums, requests for Production of Documents, review prior to appearances and conferences, consultation with other attorneys and experts, preparation and review of all settlement conferences and trial briefs, documents and pleadings, as well as negotiations.
By reason of the uncertainty and complexity of these matters, you understand it is impossible to determine in advance the total amount of time that will be necessary to properly complete your case, and/or the amount of costs to be incurred, and we therefore have not and cannot assure you that the retainer will be the total fee nor can we even estimate what the total fee will be, and make no promises to you that the fee will not exceed a certain sum. Of course, the firm shall utilize its best efforts to effectuate an expeditious and amicable settlement, but such attempts may be unsuccessful, in which event it will be necessary to litigate.
You also specifically understand that by reason of the uncertainties as to when matters will be called for hearing or trial, either one of us may have conflicting matters and thus not always be available to receive or return your phone calls, in which event, the other will assist you in those issues requiring attention at that time. You understand that we will use our best efforts to promptly return your phone calls.
COSTS
Although the firm may, at its sole discretion, choose to advance you costs, you shall be responsible for all out of pocket expenses and costs, service of process, subpoenas, depositions, together with mental health, accounting, appraisal, actuarial and similar type expert fees and charges. Additional costs may include long distance telephone charges, in house and commercial messengers, charges for computer research, photocopying and reproduction charges and any other out of pocket disbursements made by the firm in furtherance of our representation of you. You understand that the firm is unable to finance such expenses for you, although from time to time we may advance those costs subject to your being billed therefor.
PAYMENT OF FEES AND COSTS
Each month, you shall be furnished with an itemized statement of charges, setting forth any amount then due. Please review your bill carefully. In the event you have any questions concerning the billing, please call immediately so that we can clarify the matter expeditiously. You will not be charged for discussing your bill.
The entire balance due for attorney's fees and costs is payable concurrently with the entry of Judgment, Order, dismissal of the action, sale of your interest in the community property business, termination of the firm's representation, or your instructions not to proceed, whichever shall first occur.
You agree to pay each statement in full within twenty days after billing, and we reserve the right to ask for reasonable additional advance payments to your account, and you agree to pay same on request.
COLLECTION OF FEES AND COSTS FROM ADVERSE PARTY
We may attempt to obtain contributive contributions towards our fees and costs from the adverse party by negotiation or court order. You clearly understand, however, that the amount of fees established by such negotiation or court order payable by the adverse party shall in no way limit or set the total fee to which the firm is entitled. You shall remain primarily responsible to the firm for all of the fees and costs, regardless of the adverse party's obligation to this firm. All services and costs incurred in attempting to collect from the adverse party will be charged to you. However, to the extent that some sums are actually paid to our office by the adverse party, you will receive an appropriate credit therefor.
DISPUTES
No fees shall be charged for discussing or explaining your bill or our charges. In the event a dispute arises between us over attorney fees, or any other aspect of our attorney-client relationship, including alleged malpractice, you agree that prior to filing any legal action, the matter will be mediated by an experienced Mediator agreed upon by the parties. All such proceedings shall take place in Santa Barbara County, and California law shall apply.
RESULT/OPINION
It is impossible to predict with certainty the actual result so that we cannot and have not made any guarantees or assurances to you regarding the outcome or success of any phase of this matter, and any such expressions and potential results are simply only our opinion as an attorney and do not constitute a guarantee.
DISCHARGE
You may discharge the firm at any time by written notice effective upon receipt of same. By return post you will then receive and will execute immediately and promptly return a Substitution of Attorney form to this office and, notwithstanding this discharge, you will remain obligated to pay the agreed rate for all services provided and to reimburse the firm for all costs advanced. ,
WITHDRAWAL
I may withdrawal from the case at any time permitted under the Rules of Professional Conduct of the State Bar of California in the event you:
In any such event, you agree to immediately execute a Substitution of Attorney at our reasonable request. You understand that in the event you fail to execute the Substitution of Attorney, the firm shall be required to file a motion to be relieved and you will be charged for th< services in connection therewith, including the court appearance.
ACTION TO COLLECT FEES
In the event it becomes necessary for me to commence arbitration or other proceedings to collect any sums due to me pursuant to this Agreement, you agree to pay all attorney's fees together with court costs for their collection including any time expended in connection therewith.
SUBSEQUENT PROCEEDINGS
You understand that services required in any subsequent enforcement, modification, or appeal-type proceedings or any proceeding to attack the Judgment or Order are not encompassed by this Agreement and shall be subject to a separate written agreement.
Specifically, and without limiting the generality of the foregoing, you understand that I will also not render any services in connection with estate planning drafting of wills, or any proceedings to enforce or modify the provisions of any Judgment or Order which we may obtain on your behalf.
You have been advised to immediately prepare a current Will, a new or revised Trust, to change the title to real and personal property and to change beneficiaries of life insurance policies, retirement and employee benefits plans (unless restrained from doing so) to avoid the automatic transfer of property to the other spouse in the event of death prior to property division, The firm is not providing legal representation for the matters contained herein.
APPLICATION OF MONIES IN TRUST ACCOUNTS. ETC.
This firm is specifically authorized to deposit any settlement or other monies due or belonging to you in a client trust account during the course of the proceedings and to apply said funds, without further oral or written authorization from you to the payment of any unpaid attorney's fees or costs advance. Similarly, the firm is further authorized to pay from any such
amounts in the client' s trust account, any liens, costs, or litigation expense for which you or this firm would be responsible. You further grant the firm a primary lien on your interest in the community property of your marriage a portion of said community property awarded or divided to you as your separate property as a result of the separation/dissolution/ proceeding, any of your separate property, or your cause of action, judgment, settlement, amount that is due or to be paid or become due you for all unpaid fees, interest, and for all costs advanced by this firm.
This agreement is effective on the date executed below. We trust that with the above understanding, we can be of service to you, and please feel free to call if you have any questions concerning this Agreement or any other phase of the matter. If the foregoing is satisfactory, please sign the original of this letter/Agreement and retain the copy for your file.
ANNA S. KARCZAG & ASSOCIATES
DATED: ______________________________________
By:______________________________________
CLIENT'S ACCEPTANCE
I have read and understand, and hereby agree to the terms and conditions of this Agreement.
DATED:______________________________________
Name ______________________________________
Address ______________________________________
Telephone ______________________________________