-
- __________________________________________________________________,
- hereinafter collectively referred to as "CLIENT,"
agrees jointly and severally to pay LAW OFFICES OF EUGENE E.
KINSEY, INC., A California Corporation, hereinafter referred
to as "ATTORNEYS," the sums specified below for the
following services:
- ________________________________________________________________
- ________________________________________________________________
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- 1. INITIAL RETAINER: ($300.00) Immediately upon execution
of this Agreement, Client shall pay to Attorneys an initial retainer
in the amount specified in this Paragraph. This initial retainer
is a FEE FOR INITIAL CONSULTATION, ACCEPTANCE OF THE CASE OR
OTHER UNDERTAKING, AND CREATION OF A NEW FILE ONLY. THE INITIAL
ATTORNEY RETAINER IS NOT REFUNDABLE AND SHALL NOT BE APPLIED
TO ANY HOURLY FEE.
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- 2. HOURLY FEE FOR ATTORNEY TIME: ($225.00) In addition to
the initial attorney retainer and additional flat fee specified
below, Client promises to pay to Attorneys a fee of $225.00 per
working hour for each and every hour spent by a licensed attorney
working on the above-described matter including but not limited
to phone time, investigation, research, drafting, travel and
court time. MINIMUM BILLING: Said hourly fee shall be billed
in increments of no less than .25 hours; i.e. Client shall be
billed for .25 hours for each billable period of .25 hours OR
PART THEREOF.
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- 3. OTHER HOURLY FEES: In addition to other fees described
in this Agreement, Client promises to pay to Attorneys the following
sums for services rendered by office personnel other than licensed
attorneys:
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Paralegals: |
$75.00 per hour |
|
Law Clerks: |
$60.00 per hour |
|
Secretarial: |
$15.00 per hour |
|
Word Processing: |
$15.00 per hour |
- 4. HOURLY RATES SUBJECT TO CHANGE: The rates for hourly fees
described above are the prevailing rates for services as of the
date of execution of this Agreement and are subject to change
on 30 days written notice. Should Client decline to pay any increased
rate, Attorneys shall have the right to withdraw from representation
of Client.
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- 5. FLAT FEE: ($_______________) In addition to other fees
specified in this Agreement, Client shall pay to Attorneys the
flat fee specified in this Paragraph for the following services:
- ________________________________________________________________
- ________________________________________________________________
-
- 6. MINIMUM FEE & ADVANCE PAYMENT: Client shall pay in
advance to Attorneys a MINIMUM FEE of One Thousand Dollars ($1,000)
for the above-described services, exclusive of any and all costs
of suit. Client understands that the said Minimum Fee is the
least that Client shall pay to Attorneys for the above-described
services and that the total fee to be incurred by Client may
exceed the said Minimum Fee. All fees paid to Attorneys below
the said Minimum Fee are NOT REFUNDABLE.
7. COSTS PAID BY CLIENT: In addition to attorney fees described
above Client agrees to pay all costs which are reasonably necessary
to perform the above-described service or to prosecute any court
action which may be brought on behalf of Client in this matter
or which are otherwise reasonably necessary in the representation
of Client. Costs include but are not limited to court costs,
process service fees, expenses of investigation, expenses of
medical examination, computer database access, and the cost of
obtaining and presenting evidence. Client shall immediately upon
execution of this Agreement advance to Attorneys the sum described
in this Paragraph for costs to be placed in a trust account for
the benefit of Client. All costs which are not used ARE REFUNDABLE.
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- 8. ADVANCEMENT OF ESTIMATED TRIAL FEES & COSTS UPON NOTICE
OF TRIAL (LITIGATION MATTERS ONLY): Should a court action be
prosecuted by Attorneys in connection with the above-described
matter(s), within ten (10) days of receipt by Attorneys of notice
of a trial date, Client promises to advance to Attorneys 1) all
attorney fees and costs then due and unpaid and 2) all attorney
fees and costs which Attorneys estimate will be incurred by client
in the preparation for and prosecution of the trial. Should Client
fail to advance the fees and costs described in this Paragraph
when due, Attorneys, at their option, shall be permitted to withdraw
from representation of Client and Client, upon the exercise of
such option by Attorneys, shall sign all documents and do all
things reasonably necessary to accomplish such withdrawal.
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- 9. AUTHORIZATION FOR WITHDRAWAL FROM TRUST ACCOUNT: Attorneys
are authorized to withdraw and disburse from Client's trust account
such sums as are reasonably necessary to pay costs of suit brought
on behalf of Client and which are reasonably necessary to pay
Attorney fees as they are incurred.
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- 10. PAYMENT OF FEES: Client promises to pay Attorneys all
sums due in full on or before the fifth day after billing. Should
client fail to make any payment when due, Attorneys are authorized
to withdraw from Client's trust account and pay the amount of
any such payment to Attorneys without prior notice to client.
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- 11. CREDIT CARD AUTHORIZATION: Client authorizes Attorneys
to debit any credit card to which Client is signatory including
but not limited to the following a] immediately for any returned
check and/or b) for any and all sums due and unpaid on the Thirtieth
(30th) day after the due date thereof:
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|
CARD: |
________________________________ |
|
HOLDER |
________________________________ |
|
CARD NUMBER |
________________________________ |
|
EXPIRATION DATE: |
________________________________ |
|
BILLING ADDRESS FOR THIS CARD: |
-
- ________________________________
- ________________________________
- ________________________________
|
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12. LATE SERVICE CHARGE: If any payment or portion thereof due
under this Agreement is not received by Attorneys within ten
(10) days after the due date thereof, Client agrees to pay Attorneys,
in addition to the payment due, a late service charge of five
percent (5%) of the amount of such payment due and unpaid.
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- 13. DISCLAIMER OF GUARANTEE: Nothing in this Contract and
nothing in Attorneys' statements to Client will be construed
as a promise or guarantee about the outcome of Client's matter.
Attorneys make no such promises or guarantees. Attorneys' comments
about the outcome of Client's matter are expressions of opinion
only.
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- 14. ATTORNEY FEES FOR COLLECTION FROM CLIENT: In case suit
or action is instituted to collect any sums due under this Agreement,
Client agrees to pay such additional sum over and above the amount
of Client's indebtedness to Attorneys as the court may adjudge
reasonable as Attorney fees incurred in such suit or action.
-
- 15. EFFECTIVE DATE: This agreement will not take effect and
Attorneys shall have no obligation to provide legal services
until Client both 1) returns to Attorneys a signed copy of this
agreement and, 2) makes the entire advance payment specified
in Paragraph 6 herein.
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- EXECUTED at Seal Beach, California on _________________,
19____.
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CLIENT(S): |
ATTORNEYS: |
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______________________________ |
______________________________ |
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