The goal of the Small Business Law Firm, LLC (the “Firm”) is to provide effective and efficient legal services. Experience has shown that relationships with clients will be stronger if we begin with a clear understanding relative to legal fees and their payment. Throughout this Fee Policy (”Agreement”) “you” and “your” shall refer to you personally as a sole proprietor, personal guarantor, and/or representative of the Company; “Company” (where applicable) shall refer to any separate legal entity (e.g. partnership, corporation, or limited liability company) for which you retain services as an authorized representative, whether such Company is now existing or to be formed in the future (including all subsidiaries, affiliates, and successors of such Company), and for which you individually guarantee payment in acknowledging this Agreement; and “we,” “us,” and “our” shall refer to the Firm and staff assisting in your matter. Brian Payne is the Firm’s attorney, except where another attorney is associated, such as in complex litigation or other matters. Requesting & receiving an appointment date & time shall not establish an attorney-client relationship, until services are specifically agreed to by an attorney & a conflicts check has been successfully performed & the requested services are actually initiated.
Please carefully read and acknowledge this Agreement (in accordance with the instructions below) to signify that you have read and understood it; have had every opportunity to ask questions and receive answers about it; and agree to its terms. However, no attorney-client relationship is established or expanded in each or any matter until a conflict check has been performed, specific work has been requested by you and expressly accepted by us, and any applicable retainer or flat fee is paid by you and received by us in a bank depositable form drawn against available funds and such funds actually received. Your personal guarantee of payment to the Firm on behalf of any limited liability entity is required and is not optional. Your personal guarantee of payment to the Firm on behalf of any limited liability entity is required and is not optional.
By acknowledging this Agreement you and (if applicable) your Company agree that this Agreement and any modification thereof shall be deemed to have the same legal force and effect as a signed original, legally binding document.
Scope of Representation
No representation is made by the Firm regarding the outcome of any matter or the Firm’s efforts. If more than one party is being represented in any matter, each party acknowledges that an attorney has a duty to exercise independent professional judgment on behalf of each client, and each party consents to mutual representation if the attorney determines that he or she can represent such parties impartially. If a legal entity such as a partnership, corporation, or limited liability company is being represented, the parties understand that the interests of the entity shall be represented and that parties other than the entity are advised to seek independent legal counsel when and where appropriate in their judgment.
Time Estimates
All client matters are important to us, but not every matter can be made a priority over every other matter. We, therefore, require a minimum two-week period for drafting or processing documents from the time we are so engaged, receive any third-party document, and any applicable fee is received, with the further understanding that more time may be needed for larger or more complicated matters, matters requiring research, matters that have been subject to one or more significant changes, or during times in which our work load is especially heavy. When asked by you or your Company to shorten this delivery time, any effort or representation by us to do so is only a good faith offer to try and not a guarantee. Any time estimate for delivery, whether shorter or longer than this minimum requirement, is just an estimate based on then current work load, which, because of the nature of our work, may change without notice.
Initial Consultations
We may offer initial 1-hour telephonic consultations at reduced hourly rates, subject to certain limitations and restrictions. Unless otherwise agreed by us, initial consultations are given by telephone and do not include reviewing documentation. The cost for an initial one (1) hour telephonic consultation is currently $45.00. Such reduced rate applies only to each parties' initial consultation, whether done individually or with other participants in a matter. Any subsequent time and all subsequent visits for any such party or attendee, whether for the same or other matter, and whether with the same or other parties or business entity, shall be billed at the attorney’s hourly rate. Fees not paid prior to the consultation must be paid at the end of the consultation unless payment arrangements are made in advance. We may communicate via e-mail and subscribe you to our e-mail newsletters, unless you notify us otherwise. You may unsubscribe at any time.
Cost Estimates
We do our best to estimate fees and expenses for matters billed on an hourly basis where asked to do so. However, an estimate is just that, and the fees and expenses required for matters billed on an hourly basis are ultimately a function of many conditions over which we have little or no control. Such estimates, therefore, are not a maximum or minimum fee quotation. Actual fees will be determined in accordance with the provisions described herein.
Fees
We understand budgeting funds is important to clients. Much of our work, therefore, is performed in accordance with fee schedules based on flat fees. Flat fees may be charged for work routinely performed by the Firm, for work experience allows us to anticipate the time required, for work which substantially uses previously prepared form documents, or for blocks of time. Flat fees may carry some risk to us in order to accommodate client budgeting needs. All such work, therefore, shall be deemed earned upon payment. To help determine the value of services not subject to flat fees, our legal staff, including the firm attorney, clerks, assistants, and outside lawyers to maintain time records for each client and matter. All attorneys, clerks, assistants are assigned hourly rates. The hourly rate for the staff attorney is $150 per hour for non-litigation matters subject to payment in advance. Hourly rates for litigation matters, including outside attorneys, currently ranges from $175.00 to $250.00 per hour, unless otherwise approved by you or your Company. The rate for law clerks is currently $60.00 per hour. The rate for secretarial staff is currently $45.00 per hour. Time is billed in multiples of l0ths of an hour. A minimum of 1/10th of an hour will be billed for each action performed. Hourly rates are adjusted from time-to-time and may change during the course of any ongoing matter or engagement after the Firm has provided written notice of such change. Generally, charges for previously drafted documents and pages from such documents will be billed at the rate of $25.00 per page, plus an applicable hourly rate for changes made to such documents or pages and other time expended on any matter. Should the Company or you, directly or indirectly, offer to contract or employ outside the scope of this Agreement any attorney then with this Firm, or who leaves this Firm as a result of such offer, then the Company and/or you agree to compensate this Firm for its loss in having recruited and trained such attorney in an amount equal to one-half (1/2) of all fees earned by such attorney for the year prior to such offer. Other than as is required by law, we make no representations or warranties with regard to retention or storage or your file. You and your Company are advised to separately maintain all your legal documents. Subsequent requests for copies of documents from your file are subject to the fees and costs set forth herein.
Retainers
Where flat fees are not applied, it is our policy to obtain an advance refundable retainer. A refundable retainer is a deposit held by us in our trust account, against which we bill for work performed. We reserve the right to cease the delivery of service at any time until payment has been received. Unless otherwise agreed in writing, our minimum retainer for non-litigation matters is $500.00 for work initially estimated to take 3 hours or less, $750.00 for work estimated to take more than 3 hours and less than 5 hours, and $1,000.00 for work estimated to take greater than 5 hours (but each of these minimum retainer amounts may be substantially more depending on the type and amount of work to be performed). Retainer Fees for litigation matters are determined on a case-by-case basis. It occasionally may be necessary to require an increase in a prior retainer, depending on your or Company’s payment history or on the scope of the work. We also customarily request an advance retainer for the purpose of paying substantial out-of-pocket costs incurred on your or your Company’s behalf. If the Firm receives a retainer, it will either be used to pay statements as work is performed on your matter, with the amount used to be promptly replenished by you or your Company if necessary, or held and applied to your final statement. We may apply the retainer to any unpaid invoices for work performed. The balance of any unused retainer amount, after work has been completed and the final invoice has been paid, shall be returned to you or your company.
Payments
Payment for services is generally required in advance, whether as a Flat Fee or Retainer Fee, unless otherwise agreed by the Firm. Payment not made in advance is due upon receipt of invoice and, unless special arrangements have been made in advance, payment for replenishment of a retainer or for any final invoice is expected within ten (10) business days of the invoice date. If any retainer amount is exhausted, all work may cease, in our sole discretion, until it is replenished. Payment should be made in U.S. dollars, in checks or drafts, payable to the Small Business Law Firm, LLC. A finance charge is assessed on past due accounts at the rate of one and one-half percent per month (18.0% APR). Invoices shall include a charge of $10.00 per invoice to cover billing overhead. While we hope it will never be necessary, if we are required to bring a suit against you or your Company to collect any portion of our fees or costs, you or your Company shall also pay the Firm for any reasonable legal fees and court costs. With regard to any matter being litigated, if you or your Company fail to replenish any retainer or fail to pay any invoice within ten (10) days of receipt of the invoice, you authorized the Firm, in its sole discretion, to notify the court that you and/or the Company have affirmatively discharged the Firm and that the Firm’s attorneys must withdraw as counsel in the case. You and/or the Company furthermore grant the Firm and any associates the right to receive a charging lien against you and/or the Company for any proceeds from any settlement or judgment made on your and/or your Company’s behalves for any payment related to the matter and to notify third-parties of any such lien rights as the Firm may have.
Disbursements and Advances on Your or Your Company’s Account
You or your Company will be charged separately for disbursements made by the Firm on your or your Company’s behalf, such as long-distance phone calls, photocopying, postage, delivery charges, travel and use of other service providers, such as printers, consultants or experts. In some cases, outside service providers may bill you directly.
Billing Statements
Billing statements are generated at our discretion depending on the frequency of billable actions and other considerations. Statements will include charges for fees and disbursements for the billing period. We make every effort to include disbursements in the statement for the period in which the disbursements are incurred. However, some disbursements are not available to the firm until the following months, in which case a supplemental statement will be rendered to you for these additional charges, or an estimated amount will be included in the initial billing and an adjustment made when the actual information is available.
Associated & Of Counsel Attorneys
You and your Company give the Firm express permission to associate or otherwise engage outside lawyers (as independent contractors, Of Counsel, or otherwise), law firms, and other parties to assist it with any matter, provided no conflict of interest exists that would materially impact any party’s ability to objectively assist the Firm with your or your Company’s matter. Fees for such parties shall be subject to the restrictions set forth herein and shall not exceed the fees of staff attorneys, unless otherwise approved in advance by you or your Company. The Firm shall manage all attorney fees and billing unless otherwise agreed, outside attorneys shall pursue each matter with joint responsibility, and hourly fees shall be payable on a pro-rated basis in accordance with the time and hourly rate of each attorney or as otherwise reasonably agreed between the Firm and the outside lawyer, law firm, or other party. You authorize the Firm to invoice and pay all reasonable and necessary fees and costs incurred, including, without limitation, to associated attorneys and other parties out of any flat fee or money held in your or your Company client trust account.
Limited Power of Attorney
You and/or your Company hereby appoint and authorize the attorneys working on any legal matter for You and/or your Company as your/its agents and attorneys-in-fact, including, without limitation, having the power to sign your or its name, as appropriate, to all necessary government or court filings, checks, deposits of trust funds or otherwise, releases, receipts, endorsements, settlements, discharges, notices or satisfactions of awards, judgments or recoveries of whatsoever character, and generally do all acts and things which, in their judgment, are essential to their handling any matter and/or the conclusion or termination of representation of You and/or your Company in any matter. This power of attorney shall not terminate on any disability of You, if an individual.
Withdrawal and Termination
Unless inconsistent with any applicable Code of Professional Responsibility, and subject to any applicable Code of Civil Procedure, the Firm and its attorneys may withdraw from representing you or your Company in any matter at any time and for any reason, including, without limitation, your or your Company’s: (1) failure to make timely payment, (2) failure to promptly return telephone calls, provide needed documents, or cooperate with the Firm and its staff (3) failure to provide advance notice of any change in address, (4) displaying rude, abusive, erratic, or unreasonable behavior, (5) failure to provide the Firm and its staff with complete and accurate information with regard to any matter, or (6) any other reason upon written notice of termination to you or your Company. You or your Company may terminate any engagement of this Firm at any time with or without cause.
Work Product, E-mail Communications, and Advertisements.
All rights in any work product, including, without limitation, the copyright to any work product, created by the Firm and its staff shall be that of the Firm, unless otherwise required by applicable rules of ethics. Unless you notify us otherwise, you agree that we may communicate with you and your Company regarding any matter by e-mail and/or newsletter, record or otherwise make and keep records of detailed conversations or instructions for document preparation or work product, and that we may use your Company name as a representative company in advertisements or as a reference for prospective clients.
I/we, individually and/or on behalf of the Company if indicated below, or any entity under our control for which we engage the Firm, have read the above Fee Policy, have had every opportunity to ask questions about it and receive answers to such questions, understand its terms, and do hereby personally, jointly and several, guarantee the payment and collection of all fees and costs. I/we, individually, or on behalf of the entity, if indicated below, do hereby engage the attorneys and supervised staff of the Firm, to perform the services described below and subject to the written or e-mail confirmation and/or clarification of the Firm. It is understood and agreed that such engagement shall be limited to the described services as reasonably, but strictly, construed or otherwise described or clarified by the Firm. I am/we are providing payment for such services as indicated below and understand that services, if accepted, shall not commence until payment is received by the Firm.
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