Fill and Sign the Evergreen Clause Form

(Attorney Name) Attorney at Law (Address) (Address 2) (Address 3) (Phone Number) (Fax Number) Date: Dear : It is the policy of (Law Firm Name) , the law firm, to require each client to sign a written retainer agreement before beginning any work on a client's case. If you wish to have the (Law Firm Name) represent you, and you agree to the terms set out below, please sign this agreement where indicated and return it to our office with your initial retainer fee. The terms under which the firm will represent you in your legal matter are set out below: 1. Scope of representation . The law firm offers representation only in specific family court proceedings (including civil domestic abuse proceedings). Your contract includes our agreement to represent you in specific family law proceedings either through entry of judgment or issuance of an order concluding matters at issue, or until the firm is discharged or withdraws. The firm does not agree to pursue post-judgment relief or appeals without some further agreement, possibly including payment of a new retainer fee. In particular, the post-judgment preparation of deeds, qualified domestic relations orders, or other drafting is beyond the scope of this agreement. Particularly, the firm does not agree to provide legal advice or representation with respect to issues relating specifically to tax, bankruptcy, business formation, conveyance of real estate, or criminal matters . While we try to stay informed in these areas, an area such as tax law, for example, is simply too complex and also too important to the client’s interests to make reliance upon a family law lawyer’s advice reasonable. The       area offers a broad marketplace of skilled professionals focusing in each area, and we would be happy to refer you to one or a list of potential advisors. WE GLADLY PROVIDE REFERRALS to competent counsel with experience in other areas of law such as tax, business litigation, personal injury, employment, bankruptcy, or criminal law. We do not, however, accept responsibility for prosecution of matters unrelated to the limited scope of our family law representation. 2. Retainer . Your initial retainer fee is $ . $ of this fee is an initial, NONREFUNDABLE FEE PAYMENT paid - 1 - immediately into law firm operating funds, not held in trust for future use. Pr ofessio nal fees and costs attributable to review ing and preparing your case are charged against that initial payment at the rates agreed below until it is fully exhausted before any further deduction is made from any additional portion of your retainer held in trust. The remaining $ represents an advance fee payment , to be held in trust until earned. That sum $ will be deposited in the firm's trust account and drawn upon on a periodic basis as fees and costs are incurred. EVERGREEN RETAINER -- IT IS INTENDED THAT A TOTAL BALANCE OF $ ADVANCE FEE PAYMENT SHOULD BE RESTORED AT THE BEGINNING OF EACH BILLING PERIOD. In other words, an initial retainer of $ shall be paid, after which charges for earned fees and costs are deducted over the following thirty days. At the end of thirty days, the firm shall send the client a bill detailing all earned fees and costs charged against that initial retainer. THE FIRM THEN EXPECTS IMMEDIATE PAYMENT FOR ALL EARNED FEES AND COSTS EACH MONTH, RESTORING THE BALANCE OF THE RETAINER HELD IN TRUST TO $ PROMPTLY AT THE START OF EACH SUBSEQUENT BILLING PERIOD. THE FIRM MAY WITHDRAW FROM REPRESENTATION ANY TIME IF THE FULL RETAINER BALANCE IS NOT FULLY REPLENISHED WITHIN THIRTY DAYS.       , the firm, will provide you with periodic statements which will advise you of the fees and costs charged for services rendered and the balance of the foregoing advance payment remaining in our trust account. PAYMENT IN FULL IS DUE 30 DAYS FROM BILLING. Absent other arrangements made in writing in advance between you and the firm, you are required to pay each periodic statement in full within thirty (30) days of the date thereof. Failure to pay accounts fully when due may result in termination of the law firm's services. Your periodic bill will reflect the time and charges (fees) for work done on your file each month. Your bill also will show the credit balance remaining on your total retainer, that is, the combined balance of the nonrefundable retainer plus the additional retainer that is on - 2 - deposit in our trust account. For billing purposes, these sums are not separated. For example, if your initial, nonrefundable payment is $ and your additional retainer deposited in our trust account is $ (totaling $ paid) and if the work done on your file and billed to you in the first month is $ , the credit balance that appears on your bill will be $ . In that example, following billing, $ of the initial payment would remain to absorb future charges, while $ would remain in trust. 3. Billing Rates . Fees charged are based on the amount of TIME the firm devotes to your case. It is impossible to determine in advance how much time will be needed. In addition to the attorney you have retained, it may be necessary for other professionals in the office to work on your case. The firm will use a team approach in representing you, including assignment of an in-house accountant, law clerks, or legal assistants as are required to prepare your case for settlement or trial. The firm will use our best judgment to determine the most economical use of our attorney and staff time. You will be billed for all TIME spent on your case -- excluding the initial consultation -- including all subsequent conferences, telephone calls with you and others concerning your case; document drafting; pre-trial discovery; correspondence; negotiations, legal research; court appearances; travel to and from locations away from our office; trial preparation, trial time and any other time expended in representing you. It is impossible to know in advance the amount of time charges your case will generate. Our contract is for HOURLY charges for ALL time expended. >>> No “flat fee” arrangement exists under the terms of this contract. Any estimate of possible costs -- for example, the amount of your retainer -- are merely advisory expressions of opinion by the firm. No such expression limits the amount of hourly fees and other costs you may eventually owe. NOTE: Clients often recall the amount of their initial retainer with nostalgia and relate, “ You said you could get this done for $ .” What we said were words to the effect of, “We will START this case with a retainer of $ _______ . And, by the way, there might be some possibility of achieving a settlement on that limited budget.” >>> No “contingent fee” arrangement exists under the terms of this - 3 - contract. Regardless of how you may feel about your overall success in legal matters, the firm’s charges are HOURLY, not dependent upon any outcome. In fact, family law attorneys are generally prohibited from offering fee arrangements dependent upon outcome. NOTE: When the validity of our charges is questioned based upon final outcomes, we ordinarily bring the matter to court through our independent collections attorneys. Again, the validity of our charges is NOT contingent upon the outcome of cases. Clients seeking contingent fee arrangements should seek other counsel. Currently, our hourly rates are: (Attorney Name) (Accountant) (Law Clerks) (Legal Assistant) Hourly rates are subject to change upon 30 days' written notice. Those notices are usually included with regular bills. On occasion tasks may be performed on your behalf by outside firms providing professional services and billing at an hourly rate. Those charges will be passed through to you directly at the exact amount billed by the outside firm. It is your responsibility to pay those outside COSTS in advance or immediately, as provided for immediately below. 4. Costs, Disbursements and Expenses . In addition to the hourly rates for fees, you will be responsible for all costs, disbursements, and expenses incurred on your behalf. These costs include but are not limited to, filing fees; service of process fees; deposi tions, including cost of court reporter and transcripts of proceedings; witness fees; subpoena fees; certified copy fees; long distance telephone charges; telegrams; telefax charges; photocopying expense; postage; travel and lodging expenses. YOU ARE REQUIRED TO PAY ALL NECESSARY COSTS EITHER IN ADVANCE OR IMMEDIATELY AFTER THEY ARE INCURRED, AT THE LAW FIRM'S DISCRETION. - 4 - FAILURE TO PAY NECESSARY COSTS IN ADVANCE OR IMMEDIATELY WHEN INCURRED , AT THE FIRM’S DISCRETION, MAY RESULT IN TERMINATION OF REPRESENTATION AS PERMITTED BY LAW. For example, you will be required to pay a charge for a court reporter's services at deposition either IN ADVANCE , immediately at the time the reporters bill is received by the law firm, or within the period that the court reporter specifies payment is due, at the law firm's discretion. -- THIS LAW FIRM IS NOT A LENDING INSTITUTION -- Costs for goods and services from third parties will not be advanced by the firm for your benefit. 5. Expert Fees . If an expert is employed in your case, you will execute a separate agreement with the expert. You will be billed separately and independently by the expert, and you will be responsible for the payment of all expert's fees pursuant to your agreement with the expert. 6. Time Recording and Billing . All time records are maintained and recorded by TENTHS OF AN HOUR (rounded up ). Time spent and recorded will reflect the estimated time spent closest to the nearest one- tenth (1/10) of one hour (rounded up ) for each individual item of work performed. There shall be a minimum billing of two-tenths (2/10) of one hour (rounded up ) for each individual item of work performed. Therefore, for example a three-minute telephone call will be billed as 0.2 hours (two tenths of an hour -- the minimum billing increment) times $ equals $ . An 11.9 minute-call costs the same. Three calls to the office per day equals $ charges per day. (That charge is more than justified by the disruption to our office of dropping what we are doing to take up your case repeatedly throughout the day.) You can save significant sums by making notes in advance detailing all matters you wish to speak with us about and then checking off the items one by one in a single call . It also helps to write down our responses so that we do not need three calls to confirm the message for the first call. - 5 - (And we of course always like it when clients follow our advice the first time, without calling back several times to test our seriousness!) You can also save money working with staff who bill at a lower rate. You can also save money by providing us with requested information promptly and completely so that we do not need to call or write unnecessarily. You can write to us -- fax, mail, or e-mail . Depending upon the time required to understand a short message, we often charge NOTHING for reading a short note from a client mailed or faxed to the office -- depending upon the time required or whether a response is necessary. 7. Periodic Billing Statement . Statements will be prepared and submitted to you periodically (usually monthly). Payment of all outstanding balances is due within thirty (30) days after the date of the statement. That itemized statement will reflect all charges incurred for that month, including any interest charges on any amounts past due, any costs, disbursements or expenses advanced by this office on your behalf, together with all charges incurred as a result of work being done on your case by someone in our office. NOTE: Should you have any questions concerning your periodic statement, please inquire of this firm in writing and immediately . There is of course NO CHARGE for services of the firm related to billing or error correction. >>> We sincerely welcome your prompt inquiry as a chance to correct our own records! 8. Additional Retainer . The firm requires prompt monthly deposit of additional retainer funds restoring your full initial retainer balance as a condition of providing future services. The firm may withdraw from representation if the retainer balance is not promptly replenished within thirty days of billing. We may also require still further additional retainer in the event we foresee a need extraordinary charges in the near future. For example, at the point where an organized investigation of facts appears likely to require significant professional services, court reporter’s fees, or other costs; where costly preparation for trial becomes necessary; or where one or more days of trial are scheduled; or under similar circumstances. The firm will in each case request payment of additional retainer in a specific amount by a certain date. That deadline will be constructed to avoid unreasonable harm to the client’s legal position in the very short term. - 6 - At the very least, for example, the firm considers any deadline reasonable, if it permits a hypothetical client with unlimited fund to hire substitute counsel at market rates and allows time for that substitute counsel to read and understand the file and exhibits, and prepare appropriately, before some external or court- imposed deadline. IN ANY EVENT, the firm’s right to withdraw if additional retainer funds are not paid by the requested date is limited ONLY by the rules of attorney ethics and other applicable law. 9. Responsibility for Payment of Fees and Costs . Though third-party payment for attorneys fees may hypothetically be awarded to you, you alone will remain PRIMARILY liable for payment of our total fees and costs. However, sometimes the court will order your adversary to pay a part or all of your attorney's fees and costs. Amounts received pursuant to court order will be credited to your account. If, on the other hand, you are the more financially able party, the court may order you to pay a part of your adversary's fees and costs. The court award of fees, suit money, or costs, if any, does not set or limit the firm's fee in any way or your liability to the firm for fees, suit money, and costs. The pursuit of collection of fees, suit money, and costs awarded to you against your adverse party is an additional service the firm perform on your behalf, and you will be expected to pay the firm fees on the same basis as is set forth in this agreement for performing such services. Furthermore, if the court does assess fees, suit money, and costs, or any part thereof, against the adverse party to apply on your account with the firm, the collection of such award from the adverse party by way of contempt or any other proceeding shall be considered as further services on your behalf, notwithstanding that, in accordance with the terms of the order or decree, such judgment for fees, suit money, and costs shall be payable directly to the firm. Accordingly, you shall be expected to pay for the cost of collection. In the event you discharge the firm as your attorney at any time, or the firm withdraw as your attorney, it shall be understood that the firm shall nevertheless have the authority to continue to pursue the collection of fees, suit money and costs ordered to be paid by your adverse party to the firm or, more generally, for attorney fees during the time that the firm represented you, and that any part thereof that is collected, after collection costs, will be credited to your account with the firm. Please understand, however, that you are at all times primarily liable to the firm for all fees, suit money and costs, and that any pursuit thereof against the adverse party is on your behalf and constitutes an additional service to you. 10. Collection Costs . Should the firm be required to bring suit or otherwise spend time trying to collect the amounts due the firm under this agreement, you will also be - 7 - responsible for our court costs AND reasonable attorney's fees. The court will determine the reasonableness and amount of those additional attorneys fees awarded for costs of collections. They might include payment of this firm’s normal hourly rates if the firm represents themselves. Again, we will seek payment through negotiation and through the courts for what amounts to our bill to you at rates defined by this contract for our services in pursuing collection and in suing you for our fees. In the event we use independent, outside collections counsel, we shall seek payment for those outside attorney’s fees and costs in the dollar amounts they are charged to this firm -- our actual costs of collection. 11. Settlement . The firm will not make any settlement of your case without your consent, nor will any initial pleadings be filed in any court without your prior approval. 12. Working Relationship . The cooperation of the client is very important. PLEASE BE CAREFUL ALWAYS TO INFORM THE FIRM immediately of any change of address, phone number (both work and home), employment and circumstances. At our discretion, the firm has the right to withdraw from your case if you, (a) have misrepresented or failed to disclose material facts to the firm; (b) fail to follow our advice; or (c) “disappear,” even briefly. In the event we withdraw for misrepresentation of fact, for failure to follow important advice, or for making yourself unreachable by us, we ordinarily withdraw at the earliest moment permitted by applicable rules of attorney ethics and other law . Likewise, you may discharge the firm at any time for any reason. Full disclosure of all facts is essential to enable the firm to properly represent you. You must promptly fill out and return all papers such as interrogatories, information and requests, etc. You can often save money on fees by providing requested information and copies of documents as soon as possible. Keeping in touch is absolutely essential to our own need to provide you ethical, competent, and thorough representation. We always need to know your home and work - 8 - telephone, residential and mailing addresses, plus any other information useful in reaching you such as fax numbers, e-mail addresses, vacation schedules, etc. The firm shall have the right to withdraw from representing you if you do not honor the terms of this Retainer Agreement including payment of all fees and costs when due or before. EVEN AFTER WE ANNOUNCE OUR WITHDRAWAL, you still have the obligation under this contract to pay our fees and costs incurred through the date the court authorizes our actual withdrawal from further representation of you. Depending upon the character of your case, applicable law, and the court’s discretion, that date might be significantly removed from the date we announce our intention to seek permission to withdraw. 13. Interest . In any billing cycle where payments and credits do not equal or exceed the previous balance for that billing cycle, the firm may add a FINANCE CHARGE , computed at a "periodic rate" of ( %) per month ( % ANNUAL PERCENTAGE RATE) on the adjusted balance. The firm figures the FINANCE CHARGE on your account by applying the periodic rate ( ) on the adjusted balance, which is the previous balance unpaid for more than 30 days, less payments and/or credits appearing on your periodic statement. The unpaid previous balance will include any overdue interest. Thus, you may owe interest on overdue interest. If our attorney/client relationship is terminated, by either party, you hereby agree to be obligated to pay the existing balance of your account, plus an additional FINANCE CHARGE of per month ( % ANNUAL PERCENTAGE RATE) until your account is paid in full. You may at any time pay off the full, unpaid balance of your account. 14. Document Copies . You will be sent copies of all documents, correspondence, pleadings, etc., which will constitute your copy of the file. In the event you discharge the firm or the firm withdraw from the proceeding, the copies sent to you will constitute your file. Duplicate files will be made available to you at your expense. Upon our withdrawal or substitution of counsel, you may request the client file in our possession. We will provide that file to you WITHOUT CHARGE and WITHIN A REASONABLE TIME -- rarely more than a few days. By this contract, however, we reserve the right to copy that file at your expense after termination and prior to transfer and to charge you for the copies . That amount will be added to your bill. You will not need to pay that post-termination copy charge before we transfer your file to you or to successor counsel. The law firm charges $ .30 (thirty cents) per copy for all copies related to your case made on the firm's premises. - 9 - That figure closely approximates the actual cost of copies to the firm. Where bulk copying is necessary, it may be to your advantage to cooperate with the firm in arranging off-premises copying at a reduced rate. 15. Fax Charges - All incoming and outgoing faxes over the law firm fax machine are charged to the client at the rate of $ per sheet. 16. No Representations -- Outcome, Fees, Time You acknowledge being advised that THE FIRM CANNOT MAKE GUARANTEES REGARDING THE ULTIMATE OUTCOME OF THIS LITIGATION, and that any expressions relative to such matters are only our opinions. You further acknowledge being advised that no specific representations have been made with respect to the amount of fees that will be charged in connection with this proceeding . The time necessarily spent on each case varies, depending on circumstances, as does the nature and amount of work necessary to achieve a result. Again, no binding representation can or will be made as to how long any proceeding will take, how much it will cost, or what you will win. We promise effort, not outcome. 17. IT IS FURTHER UNDERSTOOD AND AGREED THAT IF THE FEE AND RETAINER ARRANGE MENTS HEREIN CONTAINED ARE NOT CARRIED OUT AS SET FORTH HEREIN, THE FIRM SHALL HAVE AT OUR OPTION THE RIGHT TO REFUSE TO PROCEED FURTHER WITH THE PROSECUTION OF THE CASE, AND TO BRING THE APPROPRIATE MOTION TO HAVE THE COURT RELIEVE THE FIRM OF OUR RESPONSIBILITY TO REPRESENT YOU. 18. This agreement together encompasses all of the terms of the financial arrangements between you and the law firm, and cannot be modified, except in writing, signed by both parties. THIS IS A LEGAL, BINDING CONTRACT BETWEEN YOU AND (ATTORNEY NAME) . NO PROVI SIONS HEREOF SHALL BE CONSIDERED WAIVED OR AMENDED EXCEPT IN WRITING BY BOTH YOU AND (ATTORNEY NAME) . WE AGREE THAT IF THERE IS ANY TERM HEREIN THAT IS DEEMED ULTIMATELY TO BE UNENFORCEABLE, THAT SAID TERM OR TERMS SHALL BE SEVERED OFF AND THE REMAINDER OF THE AGREEMENT PURSUANT TO STATE LAW SHALL CONTINUE IN FULL FORCE AND EFFECT. BEFORE SIGNING, PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND ALL OF THE CONTENTS. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND, ASK ABOUT IT. - 10 - YOU HAVE A RIGHT TO CONSULT YOUR OWN INDEPENDENT COUNSEL IN FORMING THIS AGREEMENT. PLEASE DO NOT HESITATE TO HAVE THIS AGREEMENT – INCLUDING THE RATES CHARGED -- REVIEWED BY ANY OTHER ATTORNEY OF YOUR CHOICE. WE SINCERELY ENCOURAGE IT . (Attorney Name) READ, APPROVED AND ACCEPTED: By:______________________________ PLEASE SEE FURTHER TERMS OF AGREEMENT REQUIRING APROVAL, NEXT PAGE. - 11 - AGREEMENT FOR DISPOSITION OF RETAINER FUNDS. $ of your retainer fee is an initial, NONREFUNDABLE FEE PAYMENT paid immediately into law firm operating funds, not held in trust for future use. That amount becomes law firm property when paid to the firm. Pr ofessio nal fees and costs attributable to review ing and preparing your case are charged against that initial payment at the rates agreed below until it is fully exhausted before any further deduction is made from any additional portion of your retainer held in trust. The remaining $ represents an advance fee payment , to be held in trust until earned. That amount remains your property, held in the care of the law firm solely for your benefit. That sum $ will be deposited in the firm's trust account and drawn upon on a periodic basis as fees and costs are incurred. See also Lawyer's Board of Professional Responsibility, Opinion 15. READ, APPROVED AND ACCEPTED: By: _________________________ SOCIAL SECURITY NO.: WORK TELEPHONE NO.: HOME TELEPHONE NO.: DRIVER'S LICENSE: RESIDENCE: MAILING ADDRESS: May we mail to your residence? May we telephone your residence? - 12 - RELEASE OF INFORMATION FROM CHILD SUPPORT AGENCY TO MY ATTORNEY I authorize release of all information concerning any aspect of my child support case from and also from any state agency providing services with respect to that same county child support case to my attorney (Attorney Name) or his law firm. I authorize telephone conversations or in person interviews between (Attorney Name) or his law firm and county agency officials, staff, or agents or their attorneys. Dated:_______________________ ____________________________________ - 13 -