ATTORNEY EMPLOYMENT AGREEMENT
I hereby employ Worsham Law Firm to represent me in regard to general legal issues and related services in connection with this mat- ter; and I agree to pay for such representation in accordance with the following schedule:
- Mr. William O Worsham, esq. $349/hour
- Contract Attorneys $229/hour
- Associate Attorneys $199/hour
- Paralegals $129/hour
- Runners $39/hour
Work required to be performed after normal business hours including communications to and from clients will be billed at 1.5 times the above rates. Normal business hours are Monday-Friday 8am – 5pm excluding of State and Federal Holidays.
Worsham Law Firm is hereby authorized to incur expenses and obligations as are reasonably necessary in the prosecution or defense of the above matter and I hereby agree to reimburse said firm for all costs and expenses incurred, which shall be in addition to attorneys fees and staff fees set forth above. Said costs and attorneys fees shall be paid from deposits placed in the Worsham Law Firm trust ac- count. Any unused amount in said account will be refunded to me at the conclusion of my case, unless there is a balance due to the firm.
All time expended by the firm on my behalf will be billed monthly and invoiced to the client or as seen fit and necessary by the firm. Invoices are due upon receipt
I understand that should I fail to make the required monthly payments or should I fail to pay all fees as they are incurred, Worsham Law Firm shall be entitled to withdraw from my case and would no longer represent me in this matter. Unpaid balances on legal fees accrue interest at twenty-nine percent (29%) per year, billed and compounded monthly. In the event it becomes necessary to employ collection efforts to enforce payment under this agreement. Client agrees to pay all costs of collection including, but not limited to attorney’s fees, court costs and service fees.
Pursuant to the Attorney’s Code of Professional Conduct, specifically Rule 1.15(b) and (c), the Client understands that monies paid to Worsham Law Firm in advance shall be placed into a trust account. Said funds may be withdrawn from said account when earned by Worsham Law Firm, and the Client specifically authorizes Worsham Law Firm. to withdraw said amounts as earned. Worsham Law Firm agrees to keep the Client informed of all withdrawals made, usually on a monthly billing statement sent to Client.
I further understand and agree that I, the undersigned Client, am solely responsible for the attorney’s fees as they become due and the law firm does not accept employment in this case contingent upon a judgment being rendered against any other party to the litigation for attorney’s fees.
Hourly charges shall include telephone conferences, research, review of correspondence and pleadings, drafting of pleadings, prepara- tion, review of file, and preparation of trial exhibits, as well as such other matters as may be necessary in the attorney’s sole discretion to properly conduct the litigation in this cause. Time will be billed in quarter-hour increments. Each court appearance will be a one- (1) hour minimum charge. In addition, we maintain an inventory of complex documents we have drafted which we adapt for individual cases. If we utilize such a document in your case, you will be charged a minimum of one-half hour to two hours’ attorney time as a flat rate. Paralegal services shall be charged in addition to the attorney fees. Your quality of representation is greatly enhanced by our uti- lization of paralegals.
If your case involves litigation, all litigation is expensive, and is a very significant financial event. The policy of Worsham Law Firm is to attempt a reasonable settlement of your case as expeditiously as possible. However, the firm cannot control the settlement position taken by you or the other party and his/her attorney, and therefore it is impossible to accurately estimate the amount of time and/or attor- ney’s fees which may be expended.
THE ADVANCE FEE DEPOSIT IS NOT AN ESTIMATE OF THE TOTAL FEE.
I understand that, while the firm accepts this employment and promises to render professional legal services to the best of their ability during the continuance of this employment, it makes no warranties, representations, or guarantees regarding a favorable outcome. I agree to cooperate fully with Worsham Law Firm and not to do anything which would compromise the firm’s professional ethics. I agree that the firm may withdraw at any time and for any reason.
Worsham Law Firm maintains electronic files only. No representation is made that a “hard file” or paper copies will be kept or retained. Client understands that all paper documents delivered to Worsham Law Firm may be scanned and destroyed unless Client specifically requests in writing that documents be returned to client. In no circumstances does or will Worsham Law Firm accept or guarantee physical document safekeeping or any other bailment.
Worsham Law Firm will maintain client’s file for two(2) years after this matter is concluded. Client may request the file at any time during, upon conclusion of, or after conclusion of this matter. Two (2) years after the conclusion of this matter, the file may be destroyed without further notice to client.
IT IS UNDERSTOOD THAT THE HIRING OF THIS LAW FIRM AND THE FEE CHARGED HEREIN ARE ONLY FOR WORK TO BE DONE TO THE LIMIT OF THIS PROCEEDING. UPON THE OBTAINING OF A JUDGMENT OR AN ORDERFROMTHECOURT,THECASESHALLBEDEEMEDTOBECOMPLETED. THEFEESSETFORTHHERE- IN DO NOT INCLUDE ANY EXECUTIONS, GARNISHMENTS, SEQUESTRATIONS, POST-TRIAL MOTION, AP- PEALS, CONTEMPT PROCEEDINGS, OR COLLECTION OF CHILD SUPPORT, MAINTENANCE OR ATTORNEY’S FEES. THESE PROCEEDINGS CONSTITUTE A NEW ACTION AND REQUIRE A NEW ATTORNEY FEE CON- TRACT AND ADVANCE FEE.
Nothing in this Agreement and nothing in Lawyer’s statements to Client will be construed as a promise or guarantee about the outcome of the matter. Lawyer makes no such promises or guarantees. Lawyer’s comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Lawyer shall not be a guarantee. Actual fees may vary from estimates given.
I, the undersigned client, agree to be truthful with Lawyer, to cooperate, to keep Lawyer informed of any information or developments which may come to my attention and to abide by this agreement and to pay Lawyer’s bills on time. I, the undersigned client, further agree to comply with all requests for information or documentation made by any attorney, paralegal or other staff member from this office in a timely fashion so as to allow Lawyer to promptly reply to formal and informal requests made by any other party, their attor- ney, or the Court. Failure to provide such information in a timely fashion could result in additional costs and attorney’s fees and could hamper Lawyer’s ability to effectively proceed with my case.
If our Legal Assistants, are unable to answer your question you should leave a detailed message so that we will have the necessary infor- mationwhenwereturnyourcall. Theyareexperiencedlegalassistantswhoworksonlywithus. Pleasefeelfreetodiscussalldetailsof your message with them or you may run the risk that your call may not be returned. If it is necessary for you to call our of- fice, please leave a message as to your question or desire for information. This is especially true if you call voice mail after hours. You mustleaveanumberandmessage. Otherwise,thecallwillnotbeimmediatelyreturned. Repeatedand/orunnecessarytele- phone calls may result in additional fees.
Before you call with a question review the correspondence and other documents that we have sent you, including this letter, to deter- mine whether or not your question has already been answered. If the matter that you want to discuss with us is something better suited to writing and is not urgent feel free to send us a letter.
E-MAIL, ONLINE ACCESS AND CLOUD STORAGE
Online Access and/or E-mail is BY FAR the best way for you to ask questions about your case. We much more able to quickly and accurately respond to your questions by email than by telephone. You should however be advised that Email is NOT a secure method of communication and should NOT be used for the transmission of sensitive information or any thing that may properly be the basis of attorney/client privilege.
Online Access is available to you, anyone you designate and all persons working on your behalf if so indicated on Page 1 of the intake form. Online Access will only be available if you give your permission to do so. While any online access creates the possibility that unauthorized access to your file could occur, we believe the security in place is a sufficient deterrent such access and the benefits to you outweigh any risk. However it is your choice.
We host and backup all of our client information using “Cloud Storage.” This means that your entire file is stored on an internet server hosted by a third party. We believe that the benefit to you outweighs any potential harm. As a client of this firm, you expressly grant your permission for such storage and waive any future claim for damage or other complaint resulting from such storage.
The only sure way to see us is to call and make an appointment before you come to the office since an appointment is the only way to make sure that we will be in the office and available to see you at a given time.
I understand that the attorney with whom I had my initial consultation may not be available to personally appear with me on the date of any court hearing. In this regard, I understand and agree that one of the firms’ partners or associates may appear with me for the purposes of trial or hearing, and may perform other professional ser- vices as a part of my representation. I understand that the fee charged in such circumstances may be up to $349.00 per hour depending on the then hourly rate of such attorney.
This fee agreement pertains only to the legal services rendered and costs and expenses for the matter expressly agreed upon. It does not relate to any other matter for which client seeks representation for, including any appeals or collection or enforcement of judgments.