SELECT SERVICES FLAT FEE REPRESENTATION AGREEMENT page 1 of 8

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1 Utah Family Law, LC Tel. No Attorney Eric K. Johnson - Attorney Russell W. Hartvigsen Mail: 2666 South 2000 East, Suite 101 Salt Lake City Utah REMEMBER: SELECT SERVICES FLAT FEE REPRESENTATION AGREEMENT page 1 of 8 You don t pay our fees all at once. Representation and what you pay proceeds in phases. You only pay for the work in advance for each phase of representation. No matter what kind of work or how much work you want done, you will know in advance what the services are, as outlined below for each phase of your case and how much the fees are. We recognize that you and we must have each other s trust to work together. Exceptional service and value are what we strive to sell and to provide. If, as each phase of your case is completed, you do not honestly believe that the services we provided should be valued as previously agreed, we encourage you to make any adjustment up or down that you in good faith believe is warranted. 1. Flat Fee. You, the client, hereby agree to employ Utah Family Law, LC (hereinafter referred to as the Firm ) to represent you on a flat fee basis in your cause of action and to make your flat fee payments in installments to be paid in full before the initiation of each of the next phase, as follows: PHASE 1, $ Complaint, Financial Declaration, and Initial Disclosures The Phase 1 fee is due upon signing of this representation agreement. 2. Drafting and filing Verified Complaint for Divorce (Phase 1 initial payment of $ includes the filing fee of $115) 3. Drafting and serving Financial Declaration 4. Drafting and serving Initial Disclosures 5. Motion for Pretrial Conference and Memorandum in Support 6. Default Certificate (if applicable) 7. Application for Entry of Default Judgment (if applicable) 8. Fees for any unanticipated additional work you may want or need done before Phase 2 commences, PHASE 2, $ Other Initial Matters The Phase 2 fee is due fourteen (14) days signing of this representation agreement. Preparing other initial pleadings, preparing affidavits, and scheduling temporary hearings as determined necessary by the responsible attorney, which fee is due upon retention of the Firm s services, which services include the following: 2. Motion for Temporary Orders

2 3. Verified Memorandum in Support of Motion for Temporary Orders 4. Affidavit or Verified Declaration in Support of Motion for Temporary Orders 5. Temporary Orders (if directed by the court to draft them) 6. Objection to Recommendation of Domestic Relations Commissioner (if warranted and you opt to file) 7. Motion to Bifurcate proceedings and dissolve the marriage, reserving all other issues for trial (if warranted and you opt to file) 8. Fees for any unanticipated additional work you may want or need done before Phase 3 commences, Additional services that you can have performed for a fee over and above the $2,500 Phase 2 payment, if you so desire: - Motion for Independent Medical/Psychological Examination(s) (if warranted and you opt to file) ($600) - Motion for Appointment of Custody Evaluator $1,500) - Rule 68 Offer of Settlement ($600) PHASE 3, $ Mediation The Phase 3 fee is due 30 days after completion of Phase Preparing for mediation with you to explain the mediation process and to expect and not expect from mediation. 3. Preparation of mediation position statement/settlement proposal and submission to opposing counsel and mediator. 4. Participation in mediation with you for up to four (4) hours. Additional time spent in mediation in excess of 4 hours, if any additional time is spent in mediation, is billed at the rate of $300 per hour. 5. Fees for any unanticipated additional work you may want or need done before Phase 4 commences, * Draft of settlement agreement is not included in the Phase 3 fee, but if the case is settled during Phase 3 and the Firm is asked to prepare the settlement agreement, the fee for drafting the settlement agreement is $800. PHASE 4, $ Discovery For conducting, responding to and analyzing discovery, which fee is due either 75 days from the date of retention or upon the Firm providing you with notice that Phases 1 through 3 are completed, whichever event occurs first. Discovery services include: Page 2 of 8

3 2. Interrogatories to opposing party 3. Requests for Admission to opposing party 4. Requests for Production of Documents to opposing party 5. taking deposition of your spouse (you are responsible for the costs of what the court reporter charges) 6. defending deposition of client (you are responsible for the costs of what the court reporter charges), 7. Filing or defending Motion to Compel Cooperation in Discovery (if warranted and you opt to file such a motion) as necessary 8. Seeking any protective orders in Discovery (if warranted and you opt to seek a protective order) 9. Fees for any unanticipated additional work you may want or need done before Phase 5 commences, Additional services that you can have performed for a fee over and above the $5,000 Phase 4 payment, if you so desire: Preparing for potential expert witnesses ($1,500 per expert witness), including: - taking and defending depositions; - reviewing expert reports; - communication with expert witnesses; - direct or cross-examination expert question preparation; and - preparing exhibits for each expert witness called to testify at any hearing or at trial. PHASE 5, $ Trial Preparation and Trial For final trial preparations and trial, which fee is due either 150 days from the date of retention or upon the Firm providing you with notice that Phase 4 is completed, whichever event occurs first. Trial Preparation and Trial services include: 2. Participation in Pretrial Scheduling Conference 3. Preparation of Witness List 4. Preparation of Exhibit List and exhibits binder 5. Preparation of trial notebook, client and witness preparation 6. Filing of any needed or warranted trial-related pretrial motions (such as a motion in limine); opposing/defending against any trial-related pretrial motions filed by the opposing party 7. Trial 8. Fees for any unanticipated additional work you may want or need done before Phase 6 commences, SERVICES TO WHICH CLIENT IS ENTITLED THROUGHOUT REPRESENTATION UNTIL THE DATE OF TRIAL, for no extra charge, if the need or desire arises: Page 3 of 8

4 1. Motion for Order to Show Cause (1) 1 2. Affidavit or Verified Declaration in Support of Motion for Order to Show Cause (1) 3. Memorandum in Support of Motion for Order to Show Cause (1) 4. Order to Show Cause (1) 5. Order on Order to Show Cause (1) 6. Memorandum in Opposition to Motion for Order to Show Cause (1) 7. Affidavit or Verified Declaration in Opposition to Motion for Order to Show Cause 8. Order on Motion for Order to Show Cause The Client will have no obligation to pay a particular phase s flat fees if the matter is resolved by execution of a written document prior to a fee becoming due. Each payment pursuant to this schedule is a prepaid flat fee for providing the services described above. The fees are earned immediately and not subject to refund unless required by the Rules of Professional Conduct. The aforementioned fees include presenting testimony of up to five (5) non-expert witnesses, taking up to one (1) deposition, defending all non-expert depositions, and attending two preliminary hearings if necessary. Preliminary hearings are minor hearings such as motions to compel the production of discovery, motions for the appointment of experts, or motions for summary judgment (These preliminary hearings are hearings that extend for no more than a few hours). Specifically, hearings relating to domestic violence protective orders, emergency child custody, and enforcement of prior orders are not covered by the terms of this Agreement and representation in these matters will be the subject of a separate agreement in the event that this becomes necessary. Additional matters which arise during the course of the representation, which are not covered by the terms of this Agreement, will be the subject of a separate agreement if such matters arise. In the event that the Firm determines that it is necessary to take additional depositions or to call additional witnesses the fee per witness is $1,000 and the fee per deposition is $1,500 (you are responsible for the costs of the court reporter or videographer). In the event that more than two preliminary hearings become necessary the fee per additional hearing is $1,500. The fees for these services are to be paid to the firm prior to the initiation of the work required. PHASE 6, $ Post-Trial Document Preparation and Filing Phase 6 fees are not required of you and can be incurred at your option. Whether you settle your case or go to trial, there are many documents that need to be prepared and filed with the court before it can issue a decree of divorce. Sometimes, the opposing party or the opposing party s lawyer will offer to prepare or be ordered to prepare these documents, so that you do not have to incur an expense for them. Sometimes, a client will prefer to have his/her own lawyer prepare these documents or the court will order your attorney prepare these documents. 2. Non-Public Information Personal 3. Non-Public Information Safeguarded Address (if selected) 1 The numeral one in parentheses (1) means one (1) of these services; additional costs would be incurred on an hourly basis for more than 1. Eric Johnson s hourly rate is $300 per hour. Senior associate hourly rate is $200 per hour. Junior associate s hourly rate is $185 per hour. Law clerks and secretarial work is billed at $75 per hour, and paralegal work is billed at $100 per hour. Page 4 of 8

5 4. Military Service Declaration and Certificate of Military Service 5. Military Service Order 6. Affidavit of Jurisdiction and Grounds for Divorce 7. Request to Submit for Entry of Decree of Divorce 8. Findings of Fact and Conclusions of Law 9. Decree of Divorce 10. Fees for any unanticipated additional work you may want or need done under Phase 6 will be agreed upon between you and the Firm, and reduced to writing, before any such work is performed. Unless reestablished by parties, representation will terminate when your pending divorce action has concluded at the trial court level. The representation does not include post-judgment remedies such as appeals, orders to show cause, enforcement issues, or similarly related issues. 2. Services and Power of Attorney. You employ Utah Family Law, LC (hereinafter referred to as the Firm ) to represent client on a flat fee basis in your divorce action and to commence, maintain, and defend your cause of action therein. You empower the Firm to proceed with the handling of this matter and authorizes it and its delegates to do all necessary to represent you therein. The Client authorizes the Firm to retain any experts or investigators it deems necessary, in its sole discretion, for representing you appropriately. You authorize the Firm to release any and all information to the opposing party or its representatives as the Firm may determine appropriate to aid in settlement or litigation, or as may be required by law. You grant the Firm power of attorney to execute all releases, pleadings, and other documents that may be necessary to prosecute this action or to settle or close it, including endorsement and deposit of settlement checks into the Firm s trust account. This power of attorney shall not be affected by any disability of yours and shall terminate only with the affirmative termination by you or the final settlement or close of any applicable matters. 3. Duty to Cooperate. You agree that you will fully cooperate with the Firm at all times and provide it with such assistance as is necessary. You hereby agree to be forthright with the Firm in all respects in relation to this matter, including, but not necessarily limited to, completely and accurately disclosing to it all facts related to the matter and providing the Firm with copies of all papers and documents related to the matter. You agree to keep the Firm advised at all times of applicable addresses and telephone numbers. You agree that in the event a settlement or a compromise agreement is reached with Client s approval in any matters under this Agreement, you will fully comply with all the terms and provisions thereof. You agree that should you breach any such agreements, the Firm will immediately withdraw as attorneys of record for you in all such matters. You will indemnify and hold harmless the Firm for any such breach. 4. No Guarantees as to Outcome. You acknowledge that the Firm cannot make and has made no promises, representations, or guarantees as to the possible outcome of this matter, nor as to the total costs and attorney s fees that may be incurred. You understand that the opposing party may engage in activities that Page 5 of 8

6 were not planned for and/or beyond the Firm s control that may require further time and money to be expended to protect Client s interests for services not contemplated by this flat fee agreement. 5. Expenses. All expenses the Firm may incurs or advance in connection with providing legal services will be billed separately. All variable expenses will be billed according to the actual amount of the expense. Examples of variable expenses are filing fees, recording fees, deposition costs, expert witness fees, investigator fees, postage, photocopying, parking, etc. 6. Opposing Party and Attorney's Fees. Sometimes the Court will order your adversary to pay part or all of your attorney's fees and expenses, although sometimes the Court makes no order for fees and costs. Amounts received pursuant to court order will be credited to your account. The court award of attorney's fees and expenses, if any, does not set or limit our fee in any way or your liability to us for fees and expenses under this Agreement. If the court awards attorney s fees and expenses, but those amounts are unpaid by the opposing party, you may elect to have our firm pursue a collection action on your behalf. Pursuit of a collection action, however, is an additional service requiring you to execute a separate agreement to retain our services for that purpose. In the event you discharge us as your attorneys at any time, or we withdraw as your attorneys, we shall nevertheless have the authority to pursue the collection of attorney's fees and expenses awarded against the opposing party and any part thereof that is collected will be credited to your account. Please understand, however, that you are at all times primarily liable to us for all attorney's fees and expenses and any pursuit thereof against the adverse party is on your behalf and as an additional service to you. 7. Billing Frequency and Late Charges. You understand that all invoices are due when you receive them. If an invoice has not been paid in full prior to the expiration of a 30-day period from the date on the bill, a late charge of one-and-one-half percent per month will be imposed on the balance. 8. Personnel. You acknowledge that you are employing the Firm instead of any particular individual, and that the Firm will assemble the team of professionals best suited to you to serve your specific needs and requirements at each stage of the representation. You further acknowledge that the attorney with primary responsibility for this matter will likely not be the only attorney who will work on your case. Sometimes our other professionals the Firm utilizes will reside outside of the United States and you specifically consent to the use of these professionals. 9. Termination of Services/Withdrawal as Counsel. You may terminate our representation of you at any time. Any termination of our representation of you does not relieve you of the obligation to pay any amounts owed to us for expenses incurred through the date of termination. We may terminate our representation of you, retain your previous payments and withdraw as your counsel, if: 1. The subject of the representation is concluded by execution of a Court order or judgment or written agreement between the parties; 2. We discover any conflict of interest; 3. You fail to pay immediately when due any amounts required to be paid under this Agreement; Page 6 of 8

7 4. We discover that you have made any misrepresentation in connection with the matter that we are handling for you, or we discover any material variance between the facts as related to us by you and the facts as they actually exist; 5. You fail to inform us of any changes to your contact information or other important circumstances that are pertinent or that might be pertinent to the legal matter(s) we are handling for you; 6. You act in such a manner as to abuse the attorney/client relationship to such an extent that, in the discretion of the Firm, you are no longer someone whom the Firm is willing to represent; 7. You fail to heed our advice or recommendations or otherwise do not cooperate with us in our representation of you; or 8. We have a disagreement over what legal matters the Firm is supposed to be handling for you. You grant the Firm the authority to represent you in the above matters and to enter appearances on your behalf in any court. Miscellaneous Terms. We dislike being technical with our clients, but we include the following clauses to ensure clarity. If you have questions regarding these provisions, please ask. 1. Each provision of this agreement is severable. The invalidity or unenforceability of any provision paragraph, subparagraph, sentence, clause, phrase or term of this agreement shall not affect or impair the validity or enforceability of any other provision, paragraph, subparagraph, sentence, clause, phrase or term of this agreement. 2. By signing below, you indicate your understanding that we have not made an agreement with you or promises to you about the outcome or result of your legal matters. Also, you agree to notify us immediately in writing if you feel or believe any matter is not receiving proper attention or is otherwise not being properly handled or you suspect any misunderstanding about what we are to do for you. 3. By signing below, you agree that this agreement has been thoroughly explained to you and reviewed by you before you sign it, or that you had an ample opportunity to review it and have it fully explained to you. 4. If you fail to pay the amounts due to us under this agreement, you agree to pay all reasonable attorney's fees and other expenses incurred by us in collecting the amounts due. 5. After completing the work for you, we will dispose of everything in the file after returning all original material back to you. 6. If any funds of yours are in our possession at any time, we may deduct from those funds and pay to ourselves any unpaid amounts we have billed you unless the fees are disputed. Communication. We encourage you to ask immediately any questions you have about our charges or services. We promise to provide prompt, accurate answers. We expect you to inform us of any complaints about any bill immediately after it is sent to you. Page 7 of 8

8 The Firm recognizes that our clients are our most valuable resource. We care deeply about your satisfaction with our work. In an effort to ensure that you as our client receive the personalized service you deserve, we will send you surveys regarding the quality of our work and our personnel. We ask your cooperation in completing these surveys. 10. Acknowledgement of Receipt and Entire Agreement. You acknowledge receipt of a copy of this agreement (consisting of eight (8) pages), acknowledges having read and fully understanding each term of this agreement, and agreeing to each term of this agreement. You acknowledge that no change in the terms of this agreement will occur unless such change(s) is/are in writing and signed by both you and the Firm. Please indicate your agreement by signing in the space provided below on the enclosed extra copy of this contract and return it to us immediately. Thank you for giving us the opportunity to do your legal work. Date: FIRM: UTAH FAMILY LAW, LC CLIENT: Eric K. Johnson, Attorney, (PLEASE SIGN YOUR NAME HERE) ***PLEASE FILL OUT THIS TOP PORTION SO THAT WE HAVE YOUR CONTACT INFORMATION*** Client Name: Date:, 2014 Client Address: Client Telephone Numbers: Business: Client Opposing Party Name: Attorney: Eric K. Johnson and/or Russell W. Hartvigsen Mobile: Home: File: (our office will provide this) DID YOU REMEMBER TO FILL OUT THE CLIENT CONTACT INFORMATION PORTION AT THE TOP OF THIS AGREEMENT? Page 8 of 8

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