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- _________________________________hereinafter referred to
as "CLIENT," agrees to pay KINSEY LAW OFFICES, hereinafter
referred to as "ATTORNEYS," the sums specified below
for the following services: Contract Drafting.
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- 1. INITIAL RETAINER: ($300 Retainer Plus $225 Per
Hour - $1,500.00 Minimum Fee) 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:
- Paralegals: $75.00 per hour
Law Clerks: $60.00 per hour
Secretarial: $15.00 per hour
Word Processing: $15.00 per hour
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- 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. MINIMUM FEE/ADVANCE PAYMENT: Client shall pay in
advance to Attorneys the minimum fee indicated below 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.
MINIMUM FEE: $1,500 INCLUDING:
INITIAL RETAINER $ 300.00
HOURLY ATTORNEY FEE $1200.00
6. COSTS PAID BY CLIENT: ($250.00 Minimum) 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 $250.00 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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- 7. 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.
11. 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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- 12. 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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- 13. 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.
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- 14. 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.
- _________________________ DATED: ____________
- CLIENT
-
- _________________________ DATED: ____________
- ATTORNEY
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