|
<br />Fees. We will bill you on a regular basis, normally each
<br />month, for fees, disbursements and charges. You agree to
<br />make payment upon receipt of invoice unless other billing
<br />arrangements have been agreed to in writing. Moreover,
<br />you agree that your obligation to pay our fees is not
<br />dependent on the outcome of our legal representation.
<br />The principal basis for computing our fees will be the
<br />amount of time spent on the matter by various lawyers and
<br />legal assistants multiplied by their individual hourly billing
<br />rates. Our billing rates for lawyers currently range from
<br />$190 an hour for new associates to $625 an hour for senior
<br />partners. Time devoted by legal assistants is charged at
<br />rates currently ranging from $125 to $220 per hour. Our
<br />billing rates are subject to change from time to time. We
<br />are often asked to estimate the amount of fees and costs
<br />likely to be incurred in connection with a particular matter.
<br />If we provide an estimate, it should not be construed as a
<br />maximum or fixed-fee quotation. The ultimate cost
<br />frequently is more or less than the amount estimated. In
<br />undertaking representation of a client on a contingent fee
<br />basis, any such contingent fee arrangement must be
<br />reflected in a written contingent fee agreement.
<br />If you disagree with the fees or expenses on any invoice,
<br />please contact the Client Relationship Attorney or our
<br />Executive Director immediately. If you do not report a
<br />concern about the fees to us within 60 days after receipt of
<br />an invoice, then it will be presumed that the fees were
<br />reasonable and the services provided were necessary. We
<br />will give you prompt notice if your account becomes
<br />delinquent more than 30 days beyond the date of the
<br />invoice, and you agree to bring the account or the retainer
<br />deposit current. If the delinquency continues and you do
<br />not arrange satisfactory payment terms, we may terminate
<br />the representation. In litigation matters, our ability to
<br />terminate or withdraw from the case may be subject to
<br />court approval. We reserve the right to pursue collection of
<br />any unpaid balance of your account. You agree to pay the
<br />costs of collecting the debt, including court costs, filing fees
<br />and a reasonable attorney's fee.
<br />Disbursements and Charges. We will charge our clients
<br />not only for legal services rendered, but also for other
<br />ancillary services provided. Examples include charges for
<br />in-house messenger deliveries, computerized research
<br />services, and the use of our facsimile, laser printing, and
<br />photocopy machines. While our charges for these services
<br />are measured by use, they do not, in all instances, reflect
<br />our actual out-of-pocket costs. While we are constantly
<br />striving to maintain these charges at rates that are lower
<br />than those maintained by others in our markets, in some
<br />instances the amounts charged may exceed the actual
<br />costs to the firm. The current charges for some typical
<br />additional services are as follows:
<br />Standard Duplication $.18/page`
<br />Facsimile $1.00/page*
<br />Messenger, Postage, Westlaw / Lexis At cost**
<br />Long Distance Telephone At cost**
<br />*These charges represent our best estimate of our
<br />actual direct cost incurred for material, manpower, and
<br />equipment usage. Oversized and other unusual
<br />duplication may be charged at a higher rate. "Cost is
<br />
<br />determined using standard rate scales of the vendors
<br />of these products.
<br />We may disburse funds on your behalf for filing fees,
<br />overnight deliveries, necessary travel and other
<br />miscellaneous items as required to complete the scope of
<br />our services. We will bill you at actual cost for these types
<br />of expenses. We may also submit bills and invoices to you
<br />for payment to vendors directly.
<br />Retainer and Clients' Funds. If the attached letter
<br />requires the payment of a retainer, you grant us a security
<br />interest in the retainer deposit. Unless otherwise agreed,
<br />the retainer deposit will be credited toward your unpaid
<br />invoices, if any, at the conclusion of services. If our bills
<br />are not paid within 30 days of the date of the invoice, we
<br />may apply the retainer to those unpaid bills. At the
<br />conclusion of our legal representation, the remaining
<br />balance will be returned to you. If the retainer deposit
<br />proves insufficient to cover current expected fees,
<br />expenses and charges, it may have to be increased. Any
<br />understanding regarding a retainer deposit, which is
<br />inconsistent with the foregoing, must be expressly
<br />confirmed in the engagement letter or subsequent written
<br />communication from us.
<br />Retainer deposits which are received to cover specific cost
<br />items will be disbursed as provided in our agreement with
<br />you, and you will be notified from time to time of the
<br />amounts applied or withdrawn. Any amount remaining
<br />after disbursement will be returned to you.
<br />All retainers and clients' funds are held in clients' funds
<br />accounts in trust for your benefit at financial institutions in
<br />Texas. If the deposit, whether it be a retainer or other
<br />amount which we will hold for you, represents a significant
<br />amount and/or will be held for a long period of time, you
<br />may request that the deposit be placed in a segregated
<br />interest-bearing account. When the funds are small or are
<br />to be held for only a short period of time, it is our practice to
<br />place the funds in a pooled account (which does not earn
<br />interest) maintained in accordance with State Bar of Texas
<br />rules. Unless you instruct us otherwise, we will follow the
<br />above practices with respect to client funds held on your
<br />behalf.
<br />Termination of Engagement. You may at any time
<br />terminate our services and representation upon written
<br />notice to the firm. Such termination shall not, however,
<br />relieve you of the obligation to pay for all services already
<br />rendered, including work in progress and remaining
<br />incomplete at the time of termination, and to pay for all
<br />expenses incurred on your behalf through the date of
<br />termination.
<br />We reserve the right to terminate our representation of you
<br />at any time by providing advance written notice to you. If
<br />permission for withdrawal is required by a court or
<br />arbitration panel, we will promptly request such permission,
<br />and you agree not to oppose our request.
<br />Conclusion of Representation: Retention and
<br />Disposition of Documents. Unless previously terminated,
<br />our representation of you with respect to the agreed upon
<br />scope of representation will terminate upon sending you
<br />our final statement for services rendered. Following such
|