LEGAL SERVICES AGREEMENT
1. IDENTIFICATION OF PARTIES. This agreement, executed in
triplicate with each party receiving an executed original, is
made between LAW OFFICES OF FRANKLIN SMITH, JR., hereafter
referred to as "Law Firm," and ARTHUR C. LEWIS and BARBARA K.
LEWIS, hereafter referred to as "Clients."
This agreement is required by Business and Professions Code
section 6148 and is intended to fulfill the requirements of that
section.
2. LEGAL SERVICES TO BE PROVIDED. The legal services to be
provided by Law Firm to Clients are as follows: Representation of
Clients through judgment in Albertson v Lewis, et al., Alameda
County Superior Court Case No. 65493-3.
3. RESPONSIBILITIES OF LAW FIRM AND CLIENTS. Law Firm will
perform the legal services called for under this agreement, keep
Clients informed of progress and developments, and respond
promptly to Clients' inquiries and communications. Clients will
be truthful and cooperative with Law Firm; keep Law Firm
reasonably informed of developments and of Clients' address,
telephone numbers and whereabouts; and timely make any payments
required by this agreement.
4. ATTORNEY'S FEES. Clients will pay Law Firm for attorney's
fees for the legal services provided under this agreement at the
respective hourly rates of the individuals providing the
services. The rates fall within the following ranges: $_ _ _ _ _
_ to $_ _ _ _ _ _ per hour for partners, $_ _ _ _ _ _ to $_ _ _ _
_ _ per hour for associates, $_ _ _ _ _ _ to $_ _ _ _ _ _ per
hour for law clerks, and $_ _ _ _ _ _ to $_ _ _ _ _ _ per hour
for paralegals. Law Firm will charge in increments of one tenth
of an hour, rounded off for each particular activity to the
nearest one tenth of an hour. The minimum time charged for any
particular activity will be one tenth of an hour.
Law Firm will charge for all activities undertaken in
providing legal services to Clients under this agreement,
including, but not limited to, the following: conferences, court
sessions, and depositions (preparation and participation);
correspondence and legal documents (review and preparation);
legal research; and telephone conversations. When two or more of
Law Firm's personnel are engaged in working on the matter at the
same time, such as in conferences between them, the time of each
will be charged at his or her hourly rate.
If, while this agreement is in effect, Law Firm increases the
hourly rates being charged to clients generally for attorney's
fees, that increase may be applied to fees incurred under this
agreement, but only with respect to services provided 30 days or
more after written notice of the increase is mailed to Clients.
If Clients choose not to consent to the increased rates, Clients
may terminate Law Firm's services under this agreement by written
notice effective when received by Law Firm, provided Clients
execute and return a substitution-of-attorney form immediately on
its receipt from Law Firm if Law Firm is Clients' attorney of
record in any proceeding.
Clients acknowledge that Law Firm has made no promises about
the total amount of attorney's fees to be incurred by Clients
under this agreement.
5. COSTS. Clients will pay all "costs" in connection with Law
Firm's representation of Clients under this agreement. Costs will
be advanced by Law Firm and then billed to Clients unless the
costs can be met out of client deposits that are applicable
toward costs. Costs include, but are not limited to, court filing
fees, deposition costs, expert fees and expenses, investigation
costs, long-distance telephone charges, messenger service fees,
photocopying expenses, and process server fees.
6. DEPOSIT FOR FEES. Clients will pay to Law Firm an initial
deposit of $_ _ _ _ _ _, to be received by Law Firm on or before
February 1, 1992, and to be applied against attorney's fees
incurred by Clients. Of this amount, $_ _ _ _ _ _ is
nonrefundable and $_ _ _ _ _ _ is refundable. The nonrefundable
portion will be applied against attorney's fees first. The
refundable portion will be deposited by Law Firm in an
interest-bearing trust account. Clients authorize Law Firm to
withdraw the principal from the trust account to pay attorney's
fees in excess of the nonrefundable portion as they are incurred
by Clients. Any interest earned will be paid to Client. If, at
the termination of services under this agreement, the total
amount incurred by Clients for attorney's fees is less than the
amount of the initial deposit, the difference, to a maximum of
the refundable portion of the deposit, will be refunded to
Clients.
Law Firm will notify Clients whenever the full amount of any
deposit has been applied to attorney's fees incurred by Clients.
Within 15 days after each notification is mailed, Clients will
pay to Law Firm an additional deposit in the same amount as the
initial one. Deposit of such additional amounts and payment of
any interest earned will be made in the same manner as for the
refundable portion of the initial deposit. Clients authorize Law
Firm to withdraw the principal from the trust account to pay
attorney's fees as they are incurred by Clients. Such additional
deposits will be fully refundable. If, at the termination of
services under this agreement, there have been two or more
deposits and the total amount incurred by Clients for attorney's
fees is less than the total amount of all deposits, the
difference will be refunded to Clients.
7. DEPOSIT FOR COSTS. Clients will pay to Law Firm an initial
deposit of $_ _ _ _ _ _, to be received by Law Firm on or before
February 1, 1992, and to be applied against costs incurred by
Clients. This amount will be deposited by Law Firm in an
interest-bearing trust account. Clients authorize Law Firm to
withdraw the principal from the trust account to pay costs as
they are incurred by Clients. Any interest earned will be paid to
Clients. The initial deposit is refundable. If, at the
termination of services under this agreement, the total amount
incurred by Clients for costs is less than the amount of the
initial deposit, the difference will be refunded to Clients.
Law Firm will notify Clients whenever the full amount of any
deposit has been applied to costs incurred by Clients. Within 15
days after each notification is mailed, Clients will pay to Law
Firm an additional deposit in the same amount, and to be applied
in the same manner, as the initial one. Deposit of such
additional amounts and payment of any interest earned will be
made in the same manner as for the initial deposit. Clients
authorize Law Firm to withdraw the principal from the trust
account to pay costs as they are incurred by Clients. Such
additional deposits will also be refundable. If, at the
termination of services under this agreement, the total amount
incurred by Clients for costs is less than the total amount of
all deposits, the difference will be refunded to Clients.
8. STATEMENTS AND PAYMENTS. Law Firm will send Clients monthly
statements indicating attorney's fees and costs incurred and
their basis, any amounts applied from deposits, and any current
balance owed. If no attorney's fees or costs are incurred for a
particular month, or if they are minimal, the statement may be
held and combined with that for the following month. Any balance
will be paid in full within 30 days after the statement is
mailed.
9. EFFECTIVE DATE OF AGREEMENT. The effective date of this
agreement will be the date when it is executed by the third of
the parties to do so.
The foregoing is agreed to by:
Date: _ _ _ _ _ _
Client
Date: _ _ _ _ _ _
Client
Date: _ _ _ _ _ _
LAW OFFICES OF FRANKLIN SMITH, JR.
By Joanne Callicutt
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Legal Forms : Set Two