ATTORNEY CLIENT FEE AGREEMENT FOR EXPEDITED MATTERS.
PLEASE READ CAREFULLY THE TERMS OF THE AGREEMENT BELOW BEFORE YOU SUBMIT OR MAKE PAYMENT. IF YOU HAVE QUESTIONS PLEASE CALL US AT: (415) 378-4133
GENERAL TERMS APPLICABLE TO ALL AGREEMENTS:
Client (identified by the information provided in the form below) hereby agrees to the following terms applicable to the type of representation requested:
I agree to provide, by scanned email, a PDF copy of all relevant paperwork in my possession that pertains to my case (case is hereby identified as the matter for which representation is being requested by Client as selected from the drop down menu below.) I also understand that if I do not have a scanner that I must fax the paperwork to: (415) 276-1968, or email it to: email@example.com. I further agree that all communication in my case/matter may be done by email and telephone (save some trees) as provided below:
You hereby agree that the amount you pay on this contract is the amount of the fee agreed upon by me and Attorney Rodriguez for representation on your matter. This amount was agreed on during previous discussions and quoted to me by Attorney Francisco Rodriguez. I understand that this is a flat fee for legal services that will cover the selected type of representation as chosen by Client from the drop-down menu found below on this form. The attorney’s fee is a flat non-refundable “true retainer fee” as defined in Rule 3-700(D)(2) of the State Bar Professional Rules of Responsibility. The Firm limits the volume of cases accepted and the fee is therefore paid to secure the Firm’s availability to respond to your case. A person can hire and fire their Attorney at any time, however, if client chooses to terminate the flat fee agreement, Attorney will bill for any and all time spent on the case, in or out of court, at the hourly rate of $450 dollars. This amount represents the firm’s hourly rate for non-flat fee agreements. The flat fee paid is therefore earned upon receipt by the Firm.
Under the Rules of Professional Conduct, you have the right to have the amount paid as a flat fee deposited in a bank account labeled “TRUST ACCOUNT.” The California Rules of Professional Conduct allows an attorney to deposit this amount in the law firm’s operating account, provided that you are aware that:
(i) you have the absolute right to have the amount deposited in a TRUST ACCOUNT until the fee is earned;
(ii) you consent in writing to allow the legal fees to be deposited in my law firm’s operating account; and
(iii) you are entitled to a refund of any amount of the fee that has not been earned in the event the representation is terminated or the services for which the fee has been paid are not completed.
Should the fee paid by Client for the legal services not reflect the previously agreed amount, Attorney Rodriguez has the right to cancel or rescind this agreement in its entirety by sending an email to Client informing them of the issue within 20 days of learning of the discrepancy in the total fee amount. If the agreement is canceled for lack of full payment for representation, client will be offered 10 days to bring payment of fees to the previously agreed amount before Attorney cancels or terminates the agreement.
You understand that no promises have been made as to the results or outcome of the case or any other type of representation chosen. You understand that the fee is due regardless of the outcome in the case. Attorney Francisco Rodriguez has stated that he will do everything legally and ethically possible to achieve the best legal result in any type of representation chosen by client. This includes but is not limited to; looking for full dismissal of charges were possible and if not the best resolution, reaching the best results in any administrative hearing, civil hearing or any other type of hearing. Protecting the client's interests in any pre-file representation or any legal investigation and doing everything legally and ethically possible to win a civil or criminal trial.
You agree that, regardless of the type of representation, the fee only covers the Attorney's time for the representation in the matter. The fee does not include any other expense such as, but not limited to: Court filing fees, expert services in and out of court, cost of transcripts, investigation costs, copy costs, exhibit costs and any other related expense that is unanticipated. Attorney Rodriguez agrees that no such fees will be spent without prior Client approval and client payment to cover the aforementioned possible expenses. Client understands that we do not carry malpractice insurance.
You further agree that by making payment for the services requested you are agreeing to the terms herein. This web-based agreement will be considered the original contract and I agree to print a copy of the page (agreement) to maintain for my records (CLICK HERE FOR A PDF COPY OF AGREEMENT FOR CLIENT RECORDS). No changes to any of the terms found herein are allowed unless the following two conditions are met: 1) Specifically approved by Attorney Rodriguez; 2) They are in writing and signed by client and Attorney Francisco Rodriguez. Both parties agree that no original signatures are required under this web-based agreement and that by submitting the matter on the website to the Attorney, with the client's specific identifying information and the payment (full or partial) of the fee for the services, it will have the same effect as a signature and constitute a valid agreement between the identified client and Attorney Rodriguez.
Client further understands and agrees that our office may use a contract Attorney, carefully screened by our office, if necessary, to assist in the representation of your case. Attorney Rodriguez will conduct the oversight of the matter and control all legal decisions made in the matter at all times.
Client agrees that it is the Client's sole responsibility to maintain all addresses, emails and phone numbers of contact up to date with our office. Client further agrees and understands that our office will not represent anyone until the following three items are fully completed: 1) Client has accepted these terms by reading them and completing the form below 2) Client has submitted payment in full, if such is requested, partial, if previously agreed to, for legal representation as quoted and agreed upon 3) Client has provided all relevant information on their case, including but not limited to, the first day of court or any other pertinent information necessary to act on the matter.
(FOR TRIAL AGREEMENTS) If the agreement is for representation during the trial phase on your matter. Client agrees to pay the agreed upon fee for the trial and understands that only once the full fee has been paid will Attorney Rodriguez be responsible for representation during the trial phase of the case. Client understands that once representation for the matter in the trial phase has begun (marked by the first time the case is set for trial by the Court) the fees are non-refundable due to the reservation of time and pre-trial preparation. All other applicable terms above are in place and are incorporated herein by reference. Client further understands that trial does not have to occur for Attorney Rodriguez to earn his fee. Attorney Rodriguez will begin preparation for trial (research, review all reports, prepare witnesses, prepare all legal arguments and motions, etc.), as soon as the case is first set for trial. These preparations and related appearances on the matter are part of the trial-phase-representation and any time spent is accounted for under the trial agreement. The fee will be earned, as a flat fee, even if the client changes his or her plea at their own discretion or if the District Attorney or Court dismisses the case on their own motion; or opposing party dismisses the case or matter; tribunal dismisses the case or matter, even if no trial is ever held due to such pleas or dismissals. Appeals, Writs, substantial motions (one taking 8 hours or longer) or retrials are never included in the Trial-Phase Representation.
(FOR PRE-FILE REPRESENTATION OR LEGAL INVESTIGATIONS) Client agrees to send a descriptive email to Attorney Rodriguez at firstname.lastname@example.org informing him of all relevant issues and clearly outlining what it is that client needs pre-file representation for or why a legal investigation is being requested and the issues surrounding such investigation. All communications are private and confidential and carry the Attorney Client Privilege that is never waived, unless client requests waiver in writing.
(FOR APPEALS & WRITS ) An appeal agreement is to appeal to the next highest Court available for the appeal. A Petition for Review or any form of higher appeal after the initial one is made is not included in the fee. A new agreement must be reached for further appeals or Petitions for Review. For DMV Writs or any other Writ, only the writ to the next highest court is covered by any Writ representation agreement.