DIVORCE FEE AGREEMENT Parties: This Agreement
is between YOU THE CLIENT and
Part 3 of 4 PRINT entire
Divorce Agreement
Contract for Preparation and Filing of Uncontested Divorce This is a legally binding contract. You may wish to have this reviewed by independent legal counsel before you sign it. 1. CLIENT(S): THIS AGREEMENT FOR LEGAL SERVICES by and between Law Office of Brad S. Margolis 2600 Oneida Street, Utica, New York 13501 , herein after referred to as he "law office" and YOU THE CLIENT. 2. NATURE OF THE SERVICES TO BE RENDERED: a. The client retains the law offices to render services in connection with: Uncontested Divorce b. It is further understood that: (1) The retainer fee does not include any services rendered in Appellate Courts or any actions or proceedings other than the action for which this office has been retained. (2) With respect to the matter which is specified above, this Retainer Agreement and any sums paid to the law office pursuant hereto, do not cover any services relative to any appeal or any other services which might be required following the entry of a final judgment or order, including but not limited to, such matters as enforcement or modification. Our representation shall terminate with the entry of final judgment in your matter, unless extended by mutual agreement between us in writing. c. The client authorizes the law office to take any steps which, in the sole discretion of the law office, are deemed necessary or appropriate to protect the client's interest in the matter. 3. AMOUNT OF THE RETAINER, AND WHAT IT IS INTENDED TO COVER. a. In order for the law office to begin representation of the client, this client has agreed to pay it and it has agreed to accept a one-time flat fee retainer payment of $450.00. This covers all services rendered in connection with obtaining an uncontested divorce, except for changes in the documents requested by the client after the Summons, Verified Complaint and Index Number has been filed. The client shall be charged $50.00 per such change. Client specifically agrees and permits the law office to withdraw funds for any such changes from monies deposited in escrow as set forth in Paragraph 3(b) herein below. Client also agrees that if, after the conclusion of the divorce, there are any funds not expended from the escrow account, they shall be retained by the law office. The client agrees and understands that, if the matter becomes contested, the law office is not able to represent the client and client shall obtain new attorneys to represent the client. b. The client further agrees to deposit in the law office's escrow account the amount of $390.00 for the payment of any and all expenses incurred. ie: Index No., RJI No., Note of Issue, and Certificate of Dissolution. Client agrees to replenish same in order to offset any withdrawals made by it to pay for changes, as set forth in Paragraph 3 (a) hereinabove. 4. THE CIRCUMSTANCES UNDER WHICH ANY PORTION OF THE RETAINER MIGHT BE REFUNDED. a. In the event that the attorney obtains a disposition of the client's matrimonial matter, either by way of a settlement agreement (termed separation agreement or stipulation of settlement) or by judgment by the Court of the issues involved in the client's case, the aforementioned retainer fee shall also be the minimum fee charged to the client, i.e., there will be no refund of the retainer fee. However, notwithstanding the above, if the client discontinues the attorney's services prior to a disposition of the client's matter by agreement or judgment of the court, or if the attorney is relieved as the client's attorney by court order, any unearned portion of the retainer fee the client advanced to the attorney shall be refunded to the client. 5. THE CLIENT'S RIGHTS TO CANCEL THE AGREEMENT AT ANY TIME; HOW THE ATTORNEY'S FEE WILL BE DETERMINED AND PAID SHOULD THE CLIENT DISCHARGE THE ATTORNEY AT ANY TIME DURING THE REPRESENTATION. a. The client has the absolute right to cancel this retainer agreement at any time. Should the client exercise this right, the client will be charged only the fee expenses (time charges and disbursements) incurred within that period, and the fair and reasonable fee would be determined in accordance with legally accepted standards, with the unearned balance of the retainer fee, if any, being promptly refunded to the client. Presently, the legally recognized elements of a reasonable fee, as set forth in the Code of Professional Responsibility, are as follows: • The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal services properly.
6. HOW THE ATTORNEY WILL BE PAID AFTER THE RETAINER IS DEPLETED, THROUGH THE CONCLUSION OF THE CASE; WHETHER THE CLIENT WILL BE ASKED TO PAY ANOTHER LUMP SUM: a. Because the client has only retained the law office to obtain an uncontested divorce no fees are incurred or owed after the "retainer" is depleted. The only scenario whereby the client may incur additional fees is in the event changes to the terms of the divorce are made after the Summons and Verified Complaint are filed and an Index Number is obtained. client shall be charged the sum of $50.00 per such change, which may be paid directly or from client's escrow monies as set forth in paragraphs 3 (a) and (b) hereinabove. 7. THE HOURLY FEE CHARGED; ANY OUT-OF-POCKET DISBURSEMENTS FOR WHICH THE CLIENT WILL BE REQUIRED TO PRE-PAY OR REIMBURSE THE ATTORNEY. a. The retainer fee shall be credited toward an hourly rate of $158 per hour for time expended by the law office. b. In addition, the client will be responsible for the law office's payment of any and all expenses which will require an additional deposit in the law office's escrow account. Such expenses including filing of documents, service of process, or any other expense that the client authorizes in advance. c. The client further understands that the hourly rates apply to all time expended relative to the client's matter, including but not limited to, office meetings and conferences, telephone calls and conferences, either placed by or placed to the client, or otherwise made or had on the client's behalf or related to the client's matter, preparation, review and revision of correspondence, pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other documents, memoranda, or papers relative to the client's matter, legal research, court appearances, conferences, file review, preparation time, travel time, and any other time expended on behalf of or in connection with the client's matter. 8. ANY CLAUSE PROVIDING FOR A FEE IN ADDITION TO THE AGREED-UPON RATE, SUCH AS A REASONABLE MINIMUM FEE CLAUSE, MUST BE DEFINED IN PLAIN LANGUAGE AND SET FORTH THE CIRCUMSTANCES UNDER WHICH SUCH FEE MAY BE INCURRED AND HOW IT WILL BE CALCULATED. a. The only fees incurred by the client is the retainer fee ($750.00), and fees for changes ($50.00 per change) in the terms of the uncontested divorce requested by the client after the Summons and Verified Complaint have been filed. 9. FREQUENCY OF ITEMIZED BILLING: The client will be billed periodically, generally each month but in no event less frequently than every 60 days. Included in the billing will be detailed explanation of the services rendered, and the disbursements incurred by the Law Office in connection with the client's matter. Upon receipt of the bill, the client is expected to review the bill and promptly bring to our attention any objections the client may have to the bill. The client will not be charged for time expended in discussing with the Law Office any aspect of the bill rendered. 10. CLIENT'S RIGHT TO BE PROVIDED WITH COPIES OF CORRESPONDENCE AND LEGAL DOCUMENTS RELATING TO THE CASE, AND TO BE KEPT APPRISED OF THE STATUS OF THE CASE. a. The law office shall keep the client informed of the status of the case, and agree to explain the laws pertinent same, the available course of action, and the attendant risks. The law office shall notify the client promptly of any developments in the case, including court appearances, and will be available for meeting and telephone conversations at mutually convenient times. Copies of all papers will be supplied to the client as they are prepared (unless the client requests to the contrary). 11. WHETHER AND UNDER WHAT CIRCUMSTANCES THE ATTORNEY MIGHT SEEK A SPECIFIC SECURITY INTEREST FROM THE CLIENT, WHICH CAN ONLY BE OBTAINED WITH COURT APPROVAL AND ON NOTICE TO THE ADVERSARY. a. There are no circumstances under which the Law Office will seek any security interest from the client in relation to services rendered in connection with obtaining an uncontested divorce. 12. UNDER WHAT CIRCUMSTANCES COUNSEL MIGHT SEEK TO WITHDRAW FROM THE CASE FOR NONPAYMENT OF FEES, AND THE ATTORNEY'S RIGHT TO SEEK A CHARGING LIEN FROM THE COURT. a. The client is advised that if, in the judgment of the law office there has been an irretrievable breakdown in the attorney-client relationship, or a material breach of the terms of this retainer agreement, the law office may decide to make application to the court in which the client's action is pending to be relieved as the client's attorney. In such event, the client will be provided with notice of the application and an opportunity to be heard. Should any fees be due and owing to this firm at the time of our discharge, the law office shall have the right, in addition to any other remedy, to seek a charging lien, i.e., a lien upon the property that is awarded to the client as a result of equitable distribution. No such lien may attach to maintenance or child support payments. b. If the client deliberately disregards any bill from the law office so that the same remains unpaid beyond a thirty (30) day period, the client agrees that the law office may withdraw representation, at its option. In the event that an action is pending, and absent the client's consent, an application must be made to the Court for such withdrawal. Where the fee is unpaid for the period set forth above, the client acknowledges that in connection with any such withdrawal application, that the account delinquency shall be good cause for withdrawal. 13. SHOULD A DISPUTE ARISE CONCERNING THE ATTORNEY'S FEE, THE CLIENT MAY SEEK ARBITRATION, WHICH IS BINDING UPON BOTH ATTORNEY AND CLIENT. While the law office seeks to avoid any fee dispute with it's clients, and rarely have such disputes arisen, in the event such a dispute arises, the client is advised that the client has the right, at the client's election, to seek arbitration to resolve the fee dispute. In such event, the law office shall advise the client in writing by certified mail that the client has 30 days from receipt of such notice in which to elect to resolve the dispute by arbitration, and it shall enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both the client and the law office. ADDITIONAL PROVISIONS 1. ACKNOWLEDGEMENT AND UNDERSTANDING. a. The client acknowledges that he or she has read this agreement in its entirety, has had full opportunity to consider its terms, and has had full and satisfactory explanation of same, and fully understands its terms and agrees to such terms. b. The client fully understands and acknowledges that there are no additional or different terms or agreements other than those expressly set forth in this written agreement. c. The client acknowledges that he or she was provided with and read the Statement of Client's Rights and Responsibilities, a copy of which is attached to their Retainer Agreement. 2. CERTIFICATIONS. The law office has informed the client that pursuant to court rule, it is required, as the client's attorney, to certify court papers submitted by the client which contain statements of fact, and specifically to certify that it is aware of no inaccuracies in the court submission. Accordingly, the client agrees to provide it with complete and accurate information which forms the basis of court papers and to certify in writing to it, prior to the time the papers are actually submitted to the Court, the accuracy of the court submissions which it prepares on the client's behalf and which the client shall review and sign. 3. NO GUARANTEES. It is specifically acknowledged by the client that the law office has made no representations to the client, express or implied, concerning the outcome of the litigation presently pending or hereafter to be commenced between the client and the client's spouse. The client further acknowledges that the law office has not guaranteed and cannot guarantee the success of any action taken by it on the client's behalf during such litigation with respect to any matter therein, including without limitation issues of spousal and/or child support, custody and/or visitation, exclusive occupancy of the marital premises, equitable distribution of marital assets, the declaration of separate property, counsel fees and/or a trial. The client is aware of the hazards of litigation and acknowledge that the law office has made no guarantees in the disposition of any phase of the matter for which the client has retained this office. If this fee arrangement meets with the client's approval, kindly sign where indicated on the copy of this letter and return same to the law office in the envelope enclosed for the client's convenience. The client acknowledges that pursuant to court rule, a copy of this retainer letter is required to be filed with the Court in which the action is pending. Please PRINT A COPY of the divorce agreement and fill out the form below to continue to part 4 of this agreement.
Part 3 of 4 PRINT entire
Divorce Agreement
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