Legal Means Test Retainer

LEGAL MEANS TEST RETAINER

This Legal Means Test Retainer (the Agreement) is entered into as of by and between Client Name: and Attorney/Firm Name: .

RECITALS

WHEREAS, Client seeks legal services limited to the preparation, verification and submission of means test documentation and related intake necessary to evaluate eligibility under applicable bankruptcy means test rules;

WHEREAS, Firm represents that it is qualified to perform the services described herein and will perform such services in accordance with applicable professional standards and the law;

WHEREAS, Client will provide accurate, complete and timely financial information and authorizes Firm to collect, review and use such information for purposes of preparing the means test and related filings;

NOW THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. ENGAGEMENT; SCOPE OF SERVICES

1.1 Engagement. Client retains Firm to prepare, assemble and verify Client's means test calculation, to advise Client regarding the legal significance of the means test result, and to prepare related intake materials required to determine bankruptcy eligibility. This engagement does not by itself include representation in a bankruptcy case unless expressly agreed in writing.

1.2 Limited Scope. Firm's duties are limited to matters expressly described in this Agreement. Any additional services, including drafting petitions, schedules, or court appearances, require a separate written retainer or an amendment to this Agreement.

2. CLIENT INFORMATION; COOPERATION

2.1 Required Information. Client shall provide all documents reasonably necessary to complete the means test, including without limitation recent pay stubs, tax returns for the applicable periods, bank statements, statements of income and expenses, proof of retirement or other benefits, and a complete list of household members and dependents.

2.2 Obligation to Cooperate. Client agrees to provide truthful, complete, and timely information. Firm may rely upon Client's representations and documents. Failure to provide required information in a timely manner may result in withdrawal, termination of representation, or additional fees.

3. FEES, RETAINER AND PAYMENT

3.1 Fee for Means Test. Client agrees to pay a flat fee for preparation and review of the means test in the amount of $ which covers the preparation of calculation worksheets, review of supporting documents and one conference to explain the results. If Client requests services beyond the limited scope set forth, additional fees will apply.

3.2 Additional Services and Rates. Services outside the scope may be billed at an hourly rate of $ per hour. Client will be notified in writing before Firm undertakes billable work estimated to exceed the flat fee by more than the amount specified: $ .

3.3 Application of Payments; Refunds. Any retainer will be applied first to outstanding fees and costs. If Firm is discharged or withdraws before completion, Firm will provide an accounting and refund any unearned portion, subject to deduction for services reasonably performed.

4. CLIENT REPRESENTATIONS; CERTIFICATION

4.1 Truthful Information. Client certifies that all information and documentation provided to Firm will be complete and accurate to the best of Client's knowledge. Client acknowledges that material misstatements or omissions in means test information may result in adverse legal consequences, including case dismissal or potential criminal or civil penalties.

4.2 Consent to Verify. Client authorizes Firm to obtain and verify financial information from third parties as reasonably necessary to prepare the means test calculation.

5. CONFIDENTIALITY; PRIVILEGE

5.1 Privileged Communications. Communications and materials created by Firm in the course of this engagement are subject to the attorney-client privilege and will be treated as confidential, except as otherwise required by law or authorized by Client in writing.

5.2 Disclosure for Preparation. Client acknowledges that Firm may disclose necessary financial information to third parties (for example, accountants or court clerks) only as reasonably necessary to prepare and present the means test or related filings.

6. CONFLICTS; WITHDRAWAL

6.1 Conflicts Check. Client agrees to disclose all prior counsel relationships and relevant facts so that Firm may perform a conflicts check. If Firm discovers a conflict that materially limits its ability to represent Client, Firm shall promptly notify Client and may withdraw.

6.2 Withdrawal. Firm may withdraw for good cause, including nonpayment, material misrepresentation, or a conflict of interest that cannot be reasonably cured. Client must pay for services rendered and costs incurred up to the date of withdrawal.

7. TERMINATION

Either party may terminate this Agreement upon written notice. Termination will not relieve Client of the obligation to pay for services performed and costs incurred prior to termination.

8. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand, certified mail, or electronic mail if acknowledged by the receiving party.

9. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver by either party of any breach shall be deemed a waiver of any subsequent breach. This Agreement may be executed in counterparts, each of which is deemed an original.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state in which Firm maintains its principal office for the provision of legal services. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. CERTIFICATIONS AND ACKNOWLEDGMENTS

By signing below, Client certifies that Client has read this Agreement, that Client understands the limited scope of the engagement, and that Client authorizes Firm to prepare the means test and seek verification of financial information as necessary to fulfill the scope described herein.

Client authorizes Firm to obtain third-party financial records and to communicate with third parties for verification.

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