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Fees
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Fee Agreements: |
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It is essential that an attorney/client agreement exist prior to
commencement of any substantive legal services. It is in the
client’s interest to know the anticipated costs and is in the
attorney’s best interest to know how and when he will be compensated
for the time and effort devoted to the client’s case. Therefore,
both attorney and client should specifically address all financial
issues as part of the initial attorney client agreement. To avoid
later confusion or disagreements, it is preferable that this
agreement be in writing. Upon an agreement being reached between the
attorney and client or the client’s personal representative, K & W
will forward to the client or client’s representative an engagement
letter setting forth a summary of the legal services which are at
that time contemplated, and the fee agreement which has been reached
in accordance with the request for these legal services. If the
engagement letter is in accordance with the understanding of the
client or client’s representative, the letter should be signed and
dated, and returned to K & W. A copy of the engagement letter will
then be forwarded to the client or client’s representative for their
records. It is the client’s duty to voice any questions or
disagreements with the description of the legal services requested
or with the stated terms of the financial arrangements. Questions or
disagreements must be made by the client in a timely manner in order
to avert the attorney’s reliance on a possible misunderstanding of
these matters. While questions may be addressed verbally, any
disagreement with the statement of agreement shall be made in
writing and forwarded to the attorney. Fee arrangements for K & W
are of two types: flat fees and hourly fees. |
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Flat Fees |
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This is a definite fee amount that is agreed upon to be paid in
return for the contemplated legal service. Although arrangements may
vary from case to case, it is standard practice to charge that a
stated amount of the flat fee be paid as a “retainer” at the outset
of the case. The retainer is that part of the fee that is paid to
secure the commitment of K & W to provide the office services as
well as the attorney’s time and effort to competently handle the
entrusted legal matter. Except in extraordinary circumstances, the
retainer part of the fee is not refundable. That part of the flat
fee that is not paid with payment of the retainer shall be subject
of a “payment agreement.” Pursuant to the terms of that agreement,
the client will be billed by invoice, upon which payment is to be
promptly paid. Abrogation of the terms of the payment agreement will
be deemed sufficient basis upon which the attorney may withdraw
further legal representation. |
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Hourly Billing |
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This fee arrangement is preferable for legal services which are
either smaller in anticipated scope than most other legal services,
or is more of an ill-defined nature than other legal services. Under
this arrangement, the client will deposit an agreed to amount of
funds into K & W’s client trust account, a banking account solely
utilized as a repository of clients’ funds. The client will then
agree to payment of hourly and expense billings from the funds on
hand. The client will receive a fee statement showing the amount of
funds deposited, the amount that has been withdrawn to pay the
hourly and expense billings, and the balance remaining. Any balance
in the account are funds belonging to the client, and may be
withdrawn at any time. At the conclusion of the legal matter, the
balance will be refunded to the client. K & W charges different
hourly fee rates depending upon the particular legal service
involved, and the particular attorney involved. The basic hourly fee
rate is $225.00 per hour, but can be more for specialized or
difficult matters. The standard hourly rate for the paralegal is
$75.00 per hour. The particular hourly fee to be charged, other than
the basic hourly fee, must be communicated, understood, and agreed
to by the client at the outset of the undertaking. |
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Expenses: |
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Expenses are out-of-pocket financial obligations that K & W incurs
in the natural and foreseeable representation within the requested
legal service. K & W agrees to pay these matters as they arise,
subject to the client’s agreement to promptly reimburse K & W when
billed for them as reflected in a submitted fee invoice. Unless
specifically exempted from this policy in the initial fee agreement,
all such expenses are subject to reimbursement. Because on-line
internet legal research is a practical necessity for the delivery of
the most prompt and up-to-date legal research, a $25 assessment for
access to LexisNexis is billed as a generalized expense item to
every contract for K &W legal services. |
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