Income Only Trust (Miller Trust) Engagement Agreement
AGREEMENT MADE March 8, 2009 BETWEEN PAUL B. BARTLETT (I) and Potential Client (You).
I appreciate the opportunity of providing legal services related to the above matter, and I look forward to working with you. I follow a practice of confirming engagements and billing procedures to avoid any misunderstandings. This Agreement will explain and confirm my billing procedures for this matter and others you may refer to me in the future. If these terms and procedures are acceptable, please date and sign this agreement. A copy is also provided for your records.
I agree to provide the following legal services, and the scope of this fee agreement is limited to:
1. Drafting of a Miller Trust for ALTCS Patient Name.
2. Prior to ALTCS Patient Name's initial qualification for ALTCS, inserting into the Miller Trust language which ALTCS supplies for inclusion before approval.
You have agreed to pay the sum of $460 for those services, plus postage.
I am not agreeing to represent you before ALTCS, or to assist in supplying ALTCS with any documents or information in support of the application of ALTCS Patient Name
If you ask me to perform work in addition to that described
above, and if I agree to do that work, I will charge you at my regular hourly
rate for that additional work.
In addition to fees for additional legal services that you may
request, you will be responsible for reimbursing
the firm for all costs incurred in connection with handling this matter on your
behalf. These costs include, but may not be limited to, official filing fees,
long distance telephone calls, copying charges, messenger services, travel
costs, and unusual postage costs.
I will bill you monthly for costs incurred, if any, and for legal services
rendered after the minimum fee has been exhausted. All statements will be due
and payable upon receipt. Amounts are past due 30 days after date of statement.
If for any reason you are unable to meet this schedule, I will expect you to
advise me promptly and to make arrangements for payment within a reasonable
period of time. In any case, in the event that you fail to pay any fees or court
costs within 60 days of billing, I shall be authorized to withdraw from
representing you as your attorney of record.
You agree to pay a finance charge on past due amounts in the amount of 18% per
year. This is meant to give you an incentive to have someone other than your
lawyer finance the cost of your legal services. You will pay the cost of
collection for all sums past due, including, but not limited to, court costs,
reasonable attorneys fees and expenses, and necessary travel expenses.
Your legal fees are payable as follows:
By credit card contemporaneously with this fee agreement which fee is considered
as earned upon receipt and is non-refundable, the trust having already been
completed.
The amount which you have paid on March 8, 2009 and which you may pay as
additional deposit to Paul B. Bartlett is considered as earned upon receipt and
is therefore non-refundable. You may nevertheless discharge the lawyer at any
time, and in that event you may be entitled to a refund of all or part of the
fee based upon the value of the representation pursuant to paragraph (a) of
Ethical Rule 1.5. Paragraph a reads, in relevant part, as follows:
The factors to be considered in determining the reasonableness of a fee include
the following:
1. The time and labor required, the novelty and difficulty of the questions
involved, and the skill requisite to perform the legal service properly;
2. The likelihood, if apparent to the client, that the acceptance of the
particular employment will preclude other employment by the lawyer;
3. The fee customarily charged in the locality for similar legal services;
4. The amount involved and the results obtained;
5. The time limitations imposed by the client or by the circumstances;
6. The nature and length of the professional relationship with the client;
7. The experience, reputation and ability of the lawyer or lawyers performing
the services; and
8. The degree of risk assumed by the lawyer.
We will provide you a copy of all incoming and outgoing
correspondence and pleadings. This will enable you to keep a copy of the case
file. We will keep an electronic version of the case file. We may maintain a
paper file in our office, which we will shred upon the termination of our
representation in this matter. We will charge for time and postage to transmit
copies of correspondence and pleadings to you. You may minimize this cost by
providing us with an email address to which to direct the above transmittals.
Client elects to have correspondence and transmittals sent to the following
email address __________________________________.
DATED: ___________________.
______________________________
Potential Client
______________________________
PAUL B. BARTLETT
