Re: Terms of Legal Representation – Refillable Fee Retainer Agreement
We are pleased that you have sought to retain us to represent you in connection with legal services.
Please read this Retainer Agreement carefully to determine that it accurately sets forth our agreement. If
you have any questions concerning the terms of this Retainer Agreement, please notify us prior to signing.
If the terms stated in this Retainer Agreement are acceptable to you in all respects, please sign below and
return to us as soon as possible, keeping a copy for yourself.
Fees. You have agreed to compensate us for legal services based on our standard hourly rates. Our
standard hourly rate as of this date is $400 per hour for services performed by an attorney, and $200 per
hour for services performed by a paralegal. We charge for our time in minimum units of 1/10 of an hour (i.e.
6 minutes) each. Our billing rates are periodically reviewed and are subject to change.
Initial Retainer. With the execution of this Retainer Agreement, you agreed to pay us a $
refillable Initial Retainer. The Initial Retainer will be credited against fees, disbursements, and charges,
unless a flat fee has been set. Once the amount of the Initial Retainer is consumed, an additional retainer
will be requested to continue any work, whether in progress or otherwise. Please note that the amount of the
Initial Retainer is not intended to be an indication or guarantee that the matter which we are handling for
you will be resolved for the Initial Retainer. If upon termination or completion of services to be performed
under this Retainer Agreement, any portion of the Initial or additional Retainer has not been earned by us,
the unearned portion will be returned to you.
Costs and Expenses. In performing legal services for you, it may be necessary for us to incur costs
and expenses for such items as professional fees charges by investigators, consultants and other experts,
travel, lodging, meals, long distance telephone calls, freight, and filing or recording fees. You are
responsible for reimbursing us for such costs and expenses. To the extent that we advance costs and expenses
for your benefit, this is done as an accommodation only, and upon presentation of our invoice, you shall
reimburse us for advancing such costs and expenses. We do not charge for normal photocopying, incoming or
outgoing fax transmissions, regular U.S. mail costs, or local telephone charges. Any significant costs or
services of third parties will be approved by you in advance of any undertaking.
Estimates of Fees and Costs and Expenses. Although we may from time to time furnish you with
estimates of our fees and costs and expenses which we anticipate will be charged with respect to your
matter, such estimates are offered for your convenience only and are by their nature inexact and are not
binding.
Flat Fees. From time to time, we may give you a flat fee for certain well-defined services, such as
preparing a simple employment agreement. For such services, the flat fee will include the telephone call or
email to obtain the basic information necessary to prepare the document, the preparation of the initial
draft of the document and one revision of the document based upon comments from you. However, we cannot
guarantee that the flat fee will cover all services since the amount of time required to complete the work
is substantially dependent upon factors beyond our control. For example, there may be multiple drafts of the
document due to the negotiations between the parties or due to extensive changes requested by the other
party's attorneys. For this reason, telephone calls or emails (beyond the initial call or email to establish
the terms, and the telephone call or email to discuss the other party's initial comments) to discuss
requested revisions, negotiations on the terms, and multiple drafts of the document will be billed at our
standard hourly fees and will be in addition to the quoted flat fee. We will inform you if the flat fee is
to be exceeded. Please note, any payments for flat fee legal services will be placed in our general
operating account unless you request that the fee you paid be placed in our trust account until earned. If
our representation is terminated before the services are fully rendered, you are entitled to a refund of the
unearned portion.
Billings. We will send you periodic statements via email for services rendered and for costs and
expenses incurred on your behalf, and you agree to pay our bills promptly upon receipt. Our fees are not
contingent upon any aspect of the matter. Business and Professions Code section 6148 (b) provides, in part,
"All bills rendered by an attorney to a client shall clearly state the basis thereof. Bills for the fee
portion of the bill shall include the amount, rate, basis for calculation, or other method of determination
of the attorney's fees and costs. Bills for the costs and expense portion of the bill shall clearly identify
the costs and expenses incurred and the amount of the costs and expenses." Your signature on this Retainer
Agreement is a written waiver of Business and Professions Code section 6148 (b). You may have the form of
statement for services in any reasonable manner you choose, including a summary billing or a bill reflecting
day, task and attorney. We will select the initial format of the statement, unless you otherwise request in
writing.
Late Payments. Payment of fees and reimbursement of costs advanced are generally due upon
presentation of our statement unless other arrangements have been made and approved by us. When funds are
due, to avoid burdening those clients who pay their invoices promptly with higher fees reflecting the added
costs we incur as a result of clients who are delinquent, a monthly late payment charge of one percent per
month is assessed against all fees and costs which are billed and have not been paid.
Termination of Services. You may terminate our services at any time by written notice. After
receiving such notice, we will immediately cease to render services to you. We may withdraw as your
attorneys in the event you fail to pay any amount due us under the terms of this Retainer Agreement or for
any other reason. If we withdraw or if you discharge us, we shall be entitled to receive from you all moneys
which you then owe this firm on account of fees or costs under the terms of this Retainer Agreement. You
agree that we may retain a duplicate file with respect to your matter, and that you shall bear the cost of
duplication of your files for transfer to your new legal counsel.
File Retention. You have the responsibility of retaining all original documents of business or legal
transactions prepared on your behalf by our firm. Copies of these files will not be kept by our office.
Scope of Services. Please be advised that our services are limited in scope to the matters set forth
in the first paragraph of this letter. We are not tax or litigation specialists, and accordingly, we shall
not represent you in tax matters, litigation, or arbitration matters; however, we may consult with, or refer
you to, other legal counsel with respect to such matters.
Binding Arbitration. You agree to the fullest extent permitted by law that any fee or cost dispute
between us arising under or pertaining to this Retainer Agreement, including, without limitation, claims of
professional negligence, shall be submitted to binding arbitration by the Los Angeles County Bar Association
pursuant to California Business and Professions Code section 6200 et seq., or should that organization
decline to arbitrate the dispute, before the State Bar of California pursuant to California Business and
Professions Code section 6200. Subject to applicable rules of professional conduct, the prevailing party in
any such arbitration shall be awarded its reasonable costs and attorneys' fees incurred in connection with
the dispute and its resolution.
Professional Undertaking. We cannot guarantee the success of any given venture, but we will endeavor
to represent your interest vigorously and efficiently. If at any time you have questions, concerns, or
criticism, please contact us at once.
Entire Agreement. This Retainer Agreement contains the entire agreement for rendering professional
services to you and may be amended or modified only in writing. This Retainer Agreement shall be governed by
and construed in accordance with the laws of the State of California.
We greatly appreciate this opportunity to work with you. We hope that this will be the start of a long term,
mutually beneficial working relationship.
Sincerely,
