Conflicts of
Interest
The firm is licensed to practice law
several states and we represent many other companies and
individuals. It is
possible that during the time we’re representing you, some of our
present or future clients will be engaged in transactions, or
encountered disputes, with you. You agree that we may
continue to represent, and may undertake in the future to represent,
existing or new clients in any matter, including litigation, that is
not substantially related to our work for you even if the interests
of such clients in those matters are directly adverse to you. We agree, however, that your
advance consent to conflicting representations contained in the
preceding sentence shall not apply in any instance where, as a
result of our representation of you, we have obtained proprietary or
other confidential information of a non-public nature that, if known
by such other client, could be used in such other matter to your
material disadvantage.
Scope of Scope of
Engagement
Our engagement and the services that
we will provide to you are limited to the matter identified in the
accompanying letter. Any changes in the scope of our representation
as described in this letter must be approved in writing.
Legal Service
Fees
Our policy is to bill not more
frequently than biweekly, based on services performed in the
previous two weeks, including expenses incurred on your behalf. Any changes in the billing
arrangements and policies set forth in the statement and the
accompanying engagement letter will be notified to you.
Expenses
Out-of-pocket charges will be billed
to you at cost plus 5% administrative fee and would include such
items as commercial messenger deliveries, postage, filing fees,
transcripts, copying or document management, printing costs, travel,
and related expenses such as meals and lodging. If we are required to work
under emergency circumstances requiring staff overtime, our
practices to bill for such overtime. Their invoices will also
reflect charges for additional expenditures made on your behalf,
such as long distance and car phone telephone calls, reproduction
and outbound faxes.
There will be no charge for in-bound faxes. The standard charges for
these services are listed below
Service
Current Charge
Photocopies $0.20
per page
Telephone calls
three quarters of one percent of undiscounted fees for legal
services rendered
Outbound faxes $2.00
per page
Computerize legal research
The charges formulated to allow the firm to recover the
direct operating costs of the computerized legal research system and
to ensure that the client receives the maximum economic benefit
provided by the vendors.
Out-of-pocket charges in excess of
$250.00 will be sent directly to you for payment or, if you prefer,
we can establish a separate expense retainer that will be held in
escrow account and be applied against these
expenses.
Hourly Billing (if
applicable)
When you become a new client, your
initial bill will reflect up to one hour of expended but
unbilled time. In extending this discount, we are not
billing you for up to one half hour of the initial consultation
and up to one half hour of the efforts we expend preparing
engagement letters, opening attorney trust account(s) in your name
(if applicable), establishing a new account in our
administrative and billing systems. You will be billed for all time
expended on your account above the initial discount extended to you,
including without limitation, time spent during the initial
consultation (as discussed above), time spent traveling, and any
time spent by us in relation to your matter whether. Such
billable time will include, for example and without limitation, time
spent: in in-person meetings or telephone consultations with
you or others, engaged in research, preparing documents, developing
strategy, and in consultation with other professionals,
etc...
Payment
Payment is due on receipt and, except
as expressly agreed to otherwise, is not contingent or depended on
the outcome of the engagement, such as prevailing in a lawsuit or
concluding a transaction. If an invoice remains unpaid
after fourteen days we will assess the carrying charge of 15% per
annum (1.25% percent
per month) on the unpaid balance from the date due. In addition, if an invoice remains
unpaid after thirty days, we will assess a
monthly charge of 3/10ths of one hour (at our then
current undiscounted usual and customary hourly rate) for the
ongoing administration of the past due account related to account
maintenance, postage, and ongoing collection efforts. Such amount will be
added to the invoice. We reserve the right to end our work on this
matter and any other matters for which we may be simultaneously
engaged, and to withdraw from the representation on proper notice if
we do not receive payment in full within fourteen days from the date
of the invoice. If you
have any special policies with respect information you want to have
included in our invoices, please advise us promptly. Please review
our invoices when you receive them, so that any questions you may
have are raised in a timely fashion.
Experts
We will engage expert consultants and
professional service providers on your behalf, but you will be
responsible for paying their costs and expenses directly to them
unless our firm has a prior arrangement to bill on their
behalf. These experts
and consultants will bill you separately or broken out on your
invoice from our firm.
Escrow
account
If we receive funds belonging to you
that, in our best judgment, are large enough to earn a material
amount of interest, we will discuss investment options with you. If
in our best judgment the funds are not large enough for and not to
be held long enough to earn at least $100.00 interest, may place
these funds in a pooled trust account, pursuant to local rules, the
interest on which it is payable to a charitable organization of our
choosing.
Insurance
You should understand that, where the
scope of our representation involves or may involve a claim or
potential claim against you, you may have an insurance policy that
may provide coverage of some sort for the claim or potential
claim. Insurance
companies are offering a wide variety of insurance products, and we
urge you to consult with your insurance representative (or carrier),
risk manager, or other appropriate persons to doubt the potential
for insurance coverage for any claim or potential claim. Unless you specifically
request our advice and provide us with a copy of the policy, we
assume no obligation to advise you with respect to insurance
coverage for any claim or potential claim within the scope of our
representation of you.
