ENGAGEMENT OF SERVICES

The client has the right to be informed of the status of our work for the client. It is important that the client and us agree on the scope of the engagement. For this reason, we detail the scope of the engagement in our agreement for services with the client.

BILLINGS
We submit invoices to the client, usually on a monthly basis. The invoice contains a statement of the services performed. At the client’s request, additional information will be included on the invoice. Invoices are usually sent on or about the fifteenth of each month. Payments are due on the first of the month following the date of the invoice.

FEES
The firm is committed to charging reasonable fees for its services. The following factors are considered in setting such fees:
The time and labor required, the unusual nature and difficulty of the questions involved, and the skill need to perform the services properly;
The amount of money involved and results obtained;
The time limitations imposed by the client or by the circumstances;
The nature and length of the professional relationship with the client;
The experience, reputation and ability of the associate or associates performing the services;

The likelihood that acceptance of the engagement will preclude other client opportunities;
The basis for the fee: hourly, fixed, contingent or a combination (for example, an hourly rate plus a percentage of the recovery).
Our hourly rates of the firm’s associates are based on their experience and are usually adjusted annually, effective January 1 of each year.

ESTIMATES vs. FIXED FEES
Clients occasionally request advance estimates of fees. An estimate, although based on the associates professional judgment, will often be affected by factors outside the control of the firm and should not be considered a fixed rate or maximum fee. It is possible in certain situations to quote a fixed fee. In these instances, the firm provides a letter stating the fixed fee and the specific services to be performed.

CONTINGENT FEE ARRANGEMENTS
We sometimes agree to represent a client under a contingent fee arrangement. Such engagements must be approved in advance and reflected in a signed agreement between the firm and the client.

EXPENSES
In addition to professional fees, an invoice includes charges for other services that we may provide or arrange, such as photocopy; delivery; international long-distance telephone; travel; word processing; document management; computer assisted research; investigation, notary and filing fees. The invoiced charges are our costs for these services. We periodically modify the charges for these services as its costs change. For unusually large expenses, the client may be requested to pay the firm in advance or pay the provider directly.

ADVANCE FEE DEPOSIT
New clients usually are required to provide an advance fee deposit, sometimes known as a retainer against future costs. The advance fee deposit is applied to the clients final invoice and returns the remaining balance, if any, to the client.. We may apply the advance fee deposit to interim invoices, in which case we will notify the client by documenting the application on the invoice. Paying an advance fee deposit does not relieve the client’s obligation to pay monthly invoices. If an invoice remains unpaid for more than 30 days after invoicing, we reserve the right to apply the advance fee deposit to the unpaid balance and to require an additional deposit before commencing further work.

NON REFUNDABLE RETAINER
Clients may negotiate a retainer fee with us. A retainer fee is paid to us to secure our availability for a given period of time. Retainer fees are considered earned by us at the time of payment. By agreement with the client, these fees are not refundable and belong to us regardless of whether any services are actually performed for the client.

INTEREST
All amounts on the client’s account remaining unpaid for more than 30 days after invoicing accrue interest at 12% per annum.

PAST DUE ACCOUNTS
If an account becomes more than 30 days past due, the firm may stop performing services until the account is brought current. If a bill remains unpaid, the firm may also withdraw from further representation of the client. In those situations where we incur costs before commencing an action or takes action or takes action to collect the amount due, the firm shall be entitled to its collection costs and a reasonable attorney’s fee.

TERMINATION
The client may terminate the engagement at any time providing written notice to the firm. Upon such action, all fees and expenses still owed before the termination are due to the firm. When the client’s account is paid, the client’s paper and property will be returned promptly. The client is responsible for any expenses as may be necessary to terminate the engagement, including expenses incurred in connection with the transfer of the matter to our attorney. The firm may also terminate the engagement. Before taking such action, however, the firm would provide the client with written notice.