Donald Whitacre, "the Client" and Burkhardt and Larson, a partnership of professional corporations, Attorneys at Law, "the Attorney" agree as follows:
1. PURPOSE OF REPRESENTATION. The Client employs the Attorney to represent the Client with respect to the following: Review and consult regarding a partnership agreement. This Agreement will not take effect, and Attorney will have no obligation to provide legal services until Client returns a signed copy of this Agreement and pays the advance described below.
2. ATTORNEY'S FEE. The Attorney will be compensated for services rendered based upon the standard hourly rates charged by the Attorney for services of a similar nature to its clientele generally. Charges based on the Attorney's hourly rates shall be subject to standard fees for certain specified services. A schedule of the currently applicable hourly rates for the Attorneys and their office personnel is attached hereto as Schedule A. 3. COSTS. The Client will pay for reproduction services and long distance calls, faxes, electronic research services, and other costs incurred on the basis shown on the attached Schedule B. 4. ADJUSTMENT OF RATES. Said rates and fees may be adjusted periodically, provided that any such increase shall be consistent with charges made by the Attorney to other similarly situated clients, and that no such increase shall be effective in the event the Client elects to secure new counsel within 60 days of the mailing of a statement based upon such increased rates or fees. 5. ADVANCE. Attorney will require an initial advance of $800, before undertaking Client's representation in the above-referenced matter, to be paid immediately. The advance will be placed in Attorney's Client Trust Account and used to satisfy Client's obligation for attorneys' fees, costs, and expenses as they are incurred. Client will be billed periodically for attorneys' fees, costs, and expenses incurred, and will be required to replenish the Client Trust Account to the level of the initial advance within 20 days of the billing. The initial advance does not in any way reflect Attorney's opinion regarding the attorneys' fees, costs, and expenses to be incurred in this matter. Such attorneys' fees, costs, and expenses obviously depend on a number of factors, many of which are beyond Attorney's control. 6. LATE CHARGE. The Client's unpaid balance of fees and costs is subject to a late charge at the annual percentage rate of 10 percent per annum, which corresponds to a monthly rate of 0.83 percent. Late charges will be imposed on your unpaid balance of fees and costs from the date of the Attorney's billing only if the unpaid balance is not paid within 20 days after the date of billing. The Client may pay the balance within 20 days and the Client will not incur a late charge. The Client's unpaid balance of fees and costs is determined by taking the beginning balance of the Client's account during each month, adding any new charges for fees and costs and subtracting any payments or credits made to the Client's account. The Attorney will then multiply this amount by the applicable periodic rate above to compute the late charge for the Client's account. 7. ASSOCIATION OF OTHER ATTORNEYS. The Attorney at its …show more content…
MEDIATION. If any dispute arises out of or in connection with this Agreement, or the services rendered hereunder, and said dispute cannot be settled through negotiation, the Attorney and the Client agree that they will first attempt in good faith to settle the dispute by engaging in mediation, before filing a lawsuit or making any other type of claim including, but not limited to, a legal malpractice claim. Any lawsuit filed before the parties have attempted in good faith to conduct a mediation aimed at settling any such disputes shall be subject to a motion to strike. The Attorney and the Client agree to cooperate in good faith in the prompt selection of a mediator and in the setting of the mediation session. Any fees of the mediator or costs associated with the mediation proceedings conducted pursuant to this clause shall be divided equally among the Attorney and the Client, unless they agree in writing otherwise. This agreement to mediate is not intended to abrogate the Client's right to require a non-binding fee arbitration pursuant to the provisions of California Business and Professions Code section
1. PURPOSE OF REPRESENTATION. The Client employs the Attorney to represent the Client with respect to the following: Review and consult regarding a partnership agreement. This Agreement will not take effect, and Attorney will have no obligation to provide legal services until Client returns a signed copy of this Agreement and pays the advance described below.
2. ATTORNEY'S FEE. The Attorney will be compensated for services rendered based upon the standard hourly rates charged by the Attorney for services of a similar nature to its clientele generally. Charges based on the Attorney's hourly rates shall be subject to standard fees for certain specified services. A schedule of the currently applicable hourly rates for the Attorneys and their office personnel is attached hereto as Schedule A. 3. COSTS. The Client will pay for reproduction services and long distance calls, faxes, electronic research services, and other costs incurred on the basis shown on the attached Schedule B. 4. ADJUSTMENT OF RATES. Said rates and fees may be adjusted periodically, provided that any such increase shall be consistent with charges made by the Attorney to other similarly situated clients, and that no such increase shall be effective in the event the Client elects to secure new counsel within 60 days of the mailing of a statement based upon such increased rates or fees. 5. ADVANCE. Attorney will require an initial advance of $800, before undertaking Client's representation in the above-referenced matter, to be paid immediately. The advance will be placed in Attorney's Client Trust Account and used to satisfy Client's obligation for attorneys' fees, costs, and expenses as they are incurred. Client will be billed periodically for attorneys' fees, costs, and expenses incurred, and will be required to replenish the Client Trust Account to the level of the initial advance within 20 days of the billing. The initial advance does not in any way reflect Attorney's opinion regarding the attorneys' fees, costs, and expenses to be incurred in this matter. Such attorneys' fees, costs, and expenses obviously depend on a number of factors, many of which are beyond Attorney's control. 6. LATE CHARGE. The Client's unpaid balance of fees and costs is subject to a late charge at the annual percentage rate of 10 percent per annum, which corresponds to a monthly rate of 0.83 percent. Late charges will be imposed on your unpaid balance of fees and costs from the date of the Attorney's billing only if the unpaid balance is not paid within 20 days after the date of billing. The Client may pay the balance within 20 days and the Client will not incur a late charge. The Client's unpaid balance of fees and costs is determined by taking the beginning balance of the Client's account during each month, adding any new charges for fees and costs and subtracting any payments or credits made to the Client's account. The Attorney will then multiply this amount by the applicable periodic rate above to compute the late charge for the Client's account. 7. ASSOCIATION OF OTHER ATTORNEYS. The Attorney at its …show more content…
MEDIATION. If any dispute arises out of or in connection with this Agreement, or the services rendered hereunder, and said dispute cannot be settled through negotiation, the Attorney and the Client agree that they will first attempt in good faith to settle the dispute by engaging in mediation, before filing a lawsuit or making any other type of claim including, but not limited to, a legal malpractice claim. Any lawsuit filed before the parties have attempted in good faith to conduct a mediation aimed at settling any such disputes shall be subject to a motion to strike. The Attorney and the Client agree to cooperate in good faith in the prompt selection of a mediator and in the setting of the mediation session. Any fees of the mediator or costs associated with the mediation proceedings conducted pursuant to this clause shall be divided equally among the Attorney and the Client, unless they agree in writing otherwise. This agreement to mediate is not intended to abrogate the Client's right to require a non-binding fee arbitration pursuant to the provisions of California Business and Professions Code section