SAMPLE REPRESENTATION AGREEMENT Click here to see our Fee Schedule |
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Dear Client: Please accept this letter as the engagement letter we discussed during our recent conversation. A. Representation Agreement This letter will confirm our recent discussions during which I agreed, on behalf of The Zagrans Law Firm (hereinafter referred to as the "Firm") and at your request, to represent you with respect to the above-referenced matter. B. Professional Services Engaged: What We Will Do We accept such employment and agree to undertake your legal representation in connection with this matter, [to commence litigation if necessary and] to enter an appearance on your behalf in such cause or proceeding, and to do and perform all other acts which, in our professional judgment, are necessary or appropriate for the protection of your interests. Our services may include, without limitation, (i) gathering facts and information about the underlying transactions or occurrences giving rise to this matter, (ii) interviewing and taking the statements of witnesses, (iii) reviewing documents, contracts and exhibits, (iv) researching the law (including reviewing any applicable statutes or judicial decisions), (v) preparing or answering pleadings, motions and/or written discovery requests, (vi) filing documents or notices as required, (vii) taking or defending depositions, (viii) planning and preparing exhibits and demonstrative evidence, (ix) retaining the services of experts where necessary and consulting with them, (x) appearing at status calls and pre-trial conferences with the court, (xi) attending hearings and court appearances, (xii) negotiating with opposing parties or their counsel as requested, (xiii) corresponding with other attorneys, the court and with you, and (xiv) participating in meetings and telephone conversations with you or your representatives. C. Professional Service Fees In determining our final fees in connection with this engagement, I have previously advised you that our time spent working on this matter will be charged at the Firm’s current standard hourly rates, with fractions of hours recorded in periods of not less than one-tenth of an hour. Each such period of time recorded is based upon actual work on your particular matter, taking into account interruption of other work. The fee arrangement outlined above covers only legal fees for professional services rendered by the Firm, and does not cover or include out-of-pocket expenses or cash advances (including, for example, expert fees) actually incurred by the Firm on your behalf in connection with this matter, which shall be separately reimbursed to the Firm as follows. D. Out-of-Pocket Expenses and Cash Advances In addition to our fees for professional services rendered, any out-of-pocket expenses incurred by us in representing your interests and directly attributable to this matter, including without limitation court costs, deposition and other discovery costs, document duplication costs, filing fees, travel expenses, long-distance telephone expenses, fax transmissions, printing or binding fees, witness fees, subpoena costs, court reporter costs, investigative and expert witness reports, expert witness fees and/or the preparation of exhibits, will be separately charged to you at cost for reimbursement. In the event any single out-of-pocket expense exceeds the amount of $100, it will normally not be advanced by the Firm but will be forwarded to you for payment directly to the vendor/service provider involved. E. Retainer As we have discussed, due to the nature of the matter under consideration, our acceptance of this representation is conditioned upon our receipt of a retainer fee in the amount of $____________. Such retainer shall be non-refundable and shall represent our minimum fee in your matter. The retainer will be credited against the amount owed for attorneys’ fees, costs and/or expenses, as reflected on our monthly statements. F. Billing Procedures/Statements Our policy is to issue billing statements to our clients on a monthly basis. Each such statement will include an itemization of attorney hours expended, so that you can see what professional services are being rendered on your behalf, as well as costs and expenses advanced on your behalf since the prior billing period. Payment of each invoice is due upon receipt of the statement. G. Settlement/Withdrawal Although a negotiated settlement is always a possibility in litigation matters such as this one, this matter will not be settled or compromised without your specific authorization and approval. All settlement demands and offers will be communicated to you as soon as practicable following receipt. It is specifically understood and agreed between us that, in the event a settlement proposal were negotiated with opposing counsel which we, in our sole discretion, deem to be fair, equitable and in your best interests, but which you reject and refuse to accept despite our recommendations, we shall have the right but not the obligation to withdraw from representing you further, but you will still be responsible for paying our attorneys’ fees and costs that we have advanced through the date of our withdrawal. H. No Guarantees or Warranties of Success While it is impossible for me to guarantee any specific results or outcome to this litigation, I am honored to have the opportunity to represent you in this matter and can assure you that I will pursue your matter as vigorously, diligently and expeditiously as possible. I am looking forward to working with you and to a satisfactory resolution of this matter. If you have any questions regarding any aspect of this matter at any time, please do not hesitate to contact me. I trust that this letter adequately reviews and explains our understanding of the nature of your engagement of our professional services and our fee arrangement. Your signature at the place designated below would be appreciated as an acknowledgment of the terms and provisions of this letter agreement. A copy of this letter agreement and a self-addressed, stamped envelope are enclosed for your convenience in returning your acknowledgment to me. Cordially yours, s / Attorney
Enclosures ACKNOWLEDGED, ACCEPTED and AGREED:
Date: ___________________________, 2003 |