ATTORNEY-CLIENT CONTRACT. The Firm has agreed to represent you in a case involving.

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1 ATTORNEY-CLIENT CONTRACT The Undersigned, sometimes referred to as Client and Peterson Law Group, sometimes hereinafter referred to as Firm hereby enter into the following contract and agreement regarding Firm s representation of Client in a single family law matter filed or to be filed in Brazos County, Texas. The scope of Firm s engagement does not include any other causes of action against your spouse, such as intentional torts or negligence. The Firm has agreed to represent you in a case involving. Client asserts the following representation and understandings regarding employment of Firm in this case: I. REPRESENTATION Firm s representation of Client will not commence until Firm has received a signed copy of this contract and Client has paid Firm s initial, nonrefundable retainer. No representations have been made by any attorney of Firm as to the ultimate success of the case and the only material representations made by Firm to Client are that the best professional efforts will be made in the representation of Client. There have been no guarantees made by Firm that there will be reimbursement or recovering of fees, costs or expenses incurred by Client in this cause of action. Client fully understands that in the event there should be sums recovered and actually received from the opposing party, they shall first be credited against unpaid fees, costs, expenses and any remaining (overages) shall be paid to Client. Any fees or costs assessed against another party shall operate as credit to Client s bill only to the extent they are actually received by Firm. Firm shall not be obligated by this agreement to seek collection of same. Such collection work must be made the basis of an independent contract and independent fee agreement. Client fully understands that this instrument represents a contract for services rendered and to be rendered by Firm and that such services are conditioned on the terms of this agreement, including but not limited to payment of attorney fees in accordance to the fee schedule and other fee terms as set forth herein below. Client fully understands that Firm accepts no responsibility or liability of any nature for any matters of concern or interest in this cause preceding the date of this agreement. It is understood and agreed that Firm is only obligated to consult with Client regardless of who guarantees the payment of Firm s fees or bill or regardless of the relationship with or to the Client. The Firm is not required to consult with Client s parents, boyfriend or girlfriend, relative or any other third party, surety or spouse concerning the legal matter. Client agrees to notify any

2 third party of this provision of the agreement. If at any time you become dissatisfied with any aspect of this firm s representation you will immediately notify our firm in writing by certified mail, return receipt requested. II. RETAINER AND BILLING Client fully understands that Firm requires an initial nonrefunable retainer of $3, The hourly fee or expense will be credited against the retainer. Client will be sent monthly states which indicate the work done, expense incurred, amount of nonrefundable retainer fee remaining or amount due by Client. You will be charged all incidental costs and expenses incurred by the firm in the prosecution of your case, including but not limited to the following: court costs; deposition expense; travel expenses; long-distance telephone calls; postage; retaining the services of other professionals, experts, and private investigative firms. CLIENT UNDERSTANDS THAT LEGAL REPRESENTATION WILL NOT COMMENCE UNTIL THE RETAINER FEE IS PAID IN FULL AND THIS CONTRACT HAS BEEN SIGNED BY CLIENT AND GIVEN TO FIRM. This initial nonrefundable retainer is to be paid to Firm to secure services of Firm, to compensate Firm for assuming responsibility for Client s case and to insure Firm s availability to represent Client. The initial retainer will be credit against the overall fee charged to Client. The Retainer paid to this firm shall be treated as a non-refundable deposit for the work requested to be performed and shall be fully earned upon receipt, with such Retainer allowing us to set aside sufficient time and resources to accomplish the requested services. The Retainer will not be held subject to trust account protection but will instead be deposited in a general or operating fund. After such credits have been made against the nonrefundable retainer, reducing the balance left of the retainer fee to below $500.00, Client will be notified of same and will be required to pay an additional retainer to Firm to replenish the Trust Account to the amount of the original retainer. If Client fails to deposit the additional retainer, as requested herein, within seven (7) days of the request for same, or should Client fail to fully pay Firm the billing statement transmitted to Client within fifteen (15) days after the billing, Firm may withdraw as Client s attorney, cease work, and will have no further responsibility to work on Client s case. Any unused portion of this additional retainer will be refunded to Client upon conclusion of Client s case. If an invoice remains unpaid for thirty (30) days, Client agrees to have charged upon the following credit card any balance due the firm: Credit Card Type: Credit Card Number: Expiration Date:

3 Card Security Code: Name on Card: Billing Address for Card: All unpaid invoices shall bear interest at the rate of twelve (12%) percent per annum. III. MEDIATION OR TRIAL RETAINER Firm may require an additional mediation or trial deposit. If so, Client will be notified of same and will be required to pay such additional mediation or trial deposit at least 15 days prior to the date of a scheduled mediation or trial. The amount of the deposit is in addition to the minimum retainer set out above. The amount of the mediation or trial deposit shall be determined by Firm. IV. TERMINATION OF REPRESENTATION Client fully understands that Firm may withdraw from representation of the Client in this matter at any time if: a. Client insists upon pursuing a claim or defense not warranted under existing law and cannot be supported by a good faith argument for extension or reversal of such law; b. Client persists in a course of action involving Firm s services that Firm believes may be criminal or fraudulent; c. Client insists that Firm pursue a course of conduct which is illegal or prohibited under disciplinary rules; d. Client personally seeks to pursue an illegal course of action; e. Client insists that Firm pursue a course of conduct which is illegal or prohibited under disciplinary rules; f. Client engages in other conduct that renders it unreasonably difficult for Firm to carry out employment; g. Client insists upon Firm engaging in conduct which is contrary to the judgment or advise of the Firm; h. Client fails to timely provide Firm with documentation and other evidence that Client is required to provide as result of the informal or formal discovery process; I. Client disregards the agreement with Firm as to the payment of fees, costs, or expenses as set forth herein; or j. Firm desires to withdraw from representation due to inability to communicate effectively with Client. V. LIMITATION OF REPRESENTATION Client understands that this agreement does not cover any proceedings after the judgment is signed by the Court, including without limitation, preparation for or conduct of an appeal, post judgment enforcement, etc. Nor does this agreement cover any ancillary litigation, such as cause

4 of action for intentional torts, negligence, contempt proceedings, mandamus proceedings in appellate Courts, etc. Firm shall not be obligated to perform such services except under a separate contract and independent fee agreement. Client understands by signing this agreement that Firm is granted power of attorney and appointed as client s lawful attorney in fact with power and authority to represent Client, including the power to negotiate on behalf of Client. However, the ultimate decision about the disposition of Client s case is reserved to Client. VI. CONFIRMATION OF AGREEMENT Firm asserts the following as its understanding of the contract and agreement between Firm and Client: a. The terms of this instrument reflect the entire agreement between Firm and Client and there have been no promises or assurances other than as contained in this agreement. B. Firm and all members will conduct themselves at all times in connection with this cause in keeping with the professional standards and will exert its best professional efforts to reach the most desirable results in protecting the legal rights of Client in connection with this cause of action. c. Firm has not accepted employment in this cause until the date of this agreement. VII. FEE SCHEDULE Firm and Client understand that the following fee schedule shall apply as a condition of employment and that client accepts full responsibility for the payment of any balances due for legal services under the following fee schedule, if, in fact the minium retainer is exceeded by the terms of the schedule: a. Firm and Client understands that from time to time, during the pendency of this cause and the Firm/Client relationship, that Firm may deem it necessary to use the services of legal assistants, paralegal employees or other associated individuals or attorneys, and Client agrees that the use of such is acceptable to him/her and that all work performed by the assistant selected by the firm shall be fully supervised by the attorney assigned to your case and that periodic time spent, if any, by lawyers, legal assistant, or paralegal shall be billed at the following rate: Chris Peterson Joshua Benn Rusty Adams Kassi Horner Paralegals $ per hour $ per hour $ per hour $ per hour $75.00 per hour

5 Legal Assistants $50.00 per hour This includes, but is not limited to, telephone conversations, interviews with Client or other parties in connection with this cause, legal research time, legal drafting of instruments, preparation for court, review of correspondence and documents, and miscellaneous time spent in office practice in connection with this cause and legal investigation in connection with this cause. b. All time spent in courtroom attendance, whether in actual trial of this cause, or at ancillary hearing or motions, or awaiting the commencement of hearings scheduled shall be chargeable at the rate set forth above. c. All case expenses, including subpoena costs, filing costs, deposition costs, accounting costs, investigation costs, mental health or experts charges, delivery service costs, postage, copies, certified mail cost, long distance calls, computer disk rental, telefax transmission and other miscellaneous expenses incurred in connection with this cause will be included in the monthly billing statement and due upon receipt. d. Charges for copies and file setup. e. All times will be recorded in units of twenty-five minute (25 minutes) even though the time spent may be less that twenty-five minutes. Client understands that the fee charge will not be less than a minimum fee calculated on a quarter hour basis for chargeable time in the matter. Chargeable time does not always equal actual time. f. This agreement is performable in Bryan, Brazos County, Texas and invoices are payable to the Firm at its office in Bryan, Texas within ten (10) days of receipt, unless other arrangements are made in advance. g. Client understands that Client must pay these fees whether or not the Firm is able to resolve Client s problems to Client s satisfaction. Firm has made no guarantees to Client as to the outcome of the case. VIII. NO TAX OR OTHER EXPERT ADVICE Firm s representation does not include rendering tax advice to Client. Client must seek such advice from their accountant or other financial adviser. Firm is not being retained to value any marital assets nor do we claim to have expertise in this area. Client must determine, based upon the information obtained through the proceeding, which assets he/she wold like to receive, the value of those assets, and the economic ramifications concerning all property. Firm may advise Client to obtain appropriate experts, such as accountants, financial advisors, or real estate or business appraisers, to assist in this regard. Firm does not automatically search titles, determine the validity of income and expense figures supplied by client, your spouse or other opposing party, or attempt to verify other underlying date provided

6 as a part of the dissolution proceeding. If there are questions in Client s mind concerning any of these, Client should discuss them with Firm and authorize Firm to retain appropriate experts to provide assistance on Client s behalf. THIS CONTRACT AND AGREEMENT DO NOT INCLUDE REPRESENTATION OF THIS CAUSE TO ANY APPELLATE COURT, AND IN THE EVENT SUCH AN APPEAL IS NECESSITATED, IN THAT EVEN CLIENT AND ATTORNEY WILL CONSIDER THAT MATTER AS A SEPARATE AND DISTINCT CAUSE OF ACTION AND A NEW AND DISTINCT FEE AGREEMENT WILL CONTROL IF, IN FACT, ATTORNEY AND CLIENT ARE MUTUALLY DESIROUS OF CONTINUING AN ATTORNEY/CLIENT RELATIONSHIP FOR THE PURPOSES OF THIS CONTRACT AND AGREEMENT DOES NOT INCLUDE ANY PRESENTATION OR APPEARANCE BEFORE ANY APPELLATE COURT. IX. CLOSING OF FILE Upon the conclusion of your case the originals and copies of the originals of the documents that have been delivered to us in the discovery process of Client s case must be picked up within 30 days after the conclusion of this proceeding. If they are not, Firm reserves the right to dispose of those documents. Further, Firm reserves the right and privilege to destroy or dispose of a client s file five (5) years from the date the file is closed. Client will have been supplied a copy of all pleadings, correspondence, and most exhibits that were prepared or used in his/her case. If Client desire additional copies or to have original of portions of Client s file, Client should advise Firm at the time Client s case is concluded. X. PRIVACY POLICY The privacy of your personal information, including social security number, is important to the Firm. By law, we may be required to provide some of that information in some final order and to provide it to the Bureau of Vital Statistics. We may also be required to disclose this information in response to discovery requests or court orders in the law suit. Opposing parties therefore may gain access to this information, and by law, some of this information may become part of public records. Included in this information, may be your social security number and social security numbers of minor children who are the subject of this suit. The Firm will also release this information at the request of Client. Because of its need for personal information, including social security numbers, to represent its clients properly, the Firm collects this information from its clients at the initial consultation. This information is kept in the client s file and kept on the Firm s computer servers. The computer server is protected against unauthorized access by advanced electronic methods. Physical access to the computer server is also restricted to employees of the Firm. It is the policy of the Firm to shred drafts of documents containing personal information, including social security numbers. If you have any questions about the privacy policy of the Firm, please do not hesitate to ask

7 the attorneys. XI. ACKNOWLEDGMENT Each of the undersigned has read this agreement and, in the excercise of indepdent judgment, agrees to the terms and conditions stated therein. TAX DISCLOSURE AND ACKNOWLEDGMENT: THE CLIENT IS ADVISED TO OBTAIN INDEPENDENT AND COMPETENT TAX ADVICE REGARDING THESE LEGAL MATTERS SINCE LEGAL TRANSACTIONS CAN GIVE RISE TO TAX CONSEQUENCES. THE UNDERSIGNED LAW FIRM AND ATTORNEY HAVE NOT AGREED TO RENDER ANY TAX ADVICE AND ARE NOT RESPONSIBLE FOR ANY ADVICE REGARDING TAX MATTERS OR PREPARATION OF TAX RETURNS, OR OTHER FILINGS, INCLUDING, BUT NOT LIMITED TO, STATE AND FEDERAL INHERITANCE TAX AND INCOME TAX RETURNS. FURTHERMORE, THE CLIENT SHOULD OBTAIN PROFESSIONAL HELP REGARDING THE VALUATION AND LOCATION OF ALL ASSETS WHICH MAY BE THE SUBJECT OF A LEGAL MATTER INCLUDING BUT NOT LIMITED TO PENSIONS, EMPLOYMENT BENEFIT AND PROFIT SHARING RIGHTS THAT MAY BE CONTROLLED BY ANY OTHER PARTY TO THE LEGAL MATTER. Notice to Clients: The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of Chief Disciplinary Counsel will provide you with information about how to file a complaint. Please call for more information. Date: Date: Peterson Law Group Client , v. 1