Your Name Page 2
Attorneys At Law
ENGAGEMENT FOR LEGAL SERVICES
January 1, 2021
John Doe
2001 Paradise Ave.,
Providence, CA 90007
Dear John Doe:
This Retainer Agreement sets forth our agreement concerning the legal services we will provide and our fees for those services.
1. Scope of Services to be Performed.
You engage Your Name (“we” or “us”) to do the following:
(1) Prepare and file a Petition for Bankruptcy under Chapter 7 (hereinafter “Petition”), for You. An attorney will appear with you at the first hearing of the Meeting of Creditors in one of the following counties: Los Angeles County, Orange, Riverside, Ventura and Santa Barbara.
(2) This Retainer does not include any work after the filing of the Petition and appearance after the first Meeting of Creditors. This Retainer Agreement does not cover any of the following work: Amendments to the Petition required because of incorrect or incomplete information from Client; representation in any audit by the Trustee or U.S. Trustee; negotiating or preparation of Reaffirmation Agreements; Motions filed in connection with your Petition, including Motions to Lift Automatic Stay, Motions to Dismiss filed by the Trustee or the U.S. Trustee or any other party and Motions to impose or extend bankruptcy stay; proceedings to determine dischargeability of debts; any Adversary Proceeding; Appeal to the BAP or District Court of Appeals; removal of an action pending in another court; obtaining title reports, determination of real estate liens, tax liabilities and obligations; correcting of credit reports; any other proceedings that may arise other than the filing of the Petition and the first Meeting of Creditors. Should any such additional work be required, you will need to sign a separate Retainer Agreement and make an additional payment for such additional services.
(3) You have been explained the choice of different options to file for bankruptcy, including Chapter 7, and a payment plan under Chapter 13.
(4) Client acknowledges that Attorney does not represent Client in any other type of case, lawsuit or proceeding other than Clients bankruptcy case. The Attorney may make a special appearance in a court, other than the Bankruptcy Court, for the purpose of filing a notification of Clients bankruptcy proceedings, and to suggest to another court that Clients proceedings should be stayed. Sending or receiving any summons or complaint, or notifying the Attorney of a pending lawsuit does not obligate the Attorney to represent Client in that lawsuit or before that court. Any representation of Client in a state court proceeding, including without limitation: collection lawsuits, foreclosure lawsuits, and etc., is not included in this Bankruptcy Retainer Agreement. Any referral made to another Attorney to represent Client is a courtesy only. The Attorney is not associated with any other Attorney outside of the undersigned Attorneys law offices.
2. Attorneys’ Fees.
We will charge you attorney fee at the flat fees of $1500. This does not include the filing fees, which is $300, nor any costs and expenses incurred, which must be paid before we file the petition for Client’s bankruptcy.
3. Retainer Deposit.
You are making a deposit toward the retainer of $500, which does not include the filing fees and costs. WE WILL NOT FILE YOUR PETITION UNTIL YOU HAVE PAID THE FULL ATTORNEY FEES AND FILING FEES.
4. Duties of Attorneys:
We will provide the legal services reasonably required to represent and advise you in connection with the matters described in Section 1 of this Retainer Agreement. We will take reasonable steps to keep you fully informed of the progress of your legal matters and will respond in a reasonably prompt manner to your inquiries. Attorney shall provide Client with the following services:
(1) Review and analyze Client’s financial circumstances based on information provided by Client.
(2) If possible and to the extent possible, based on the information provided by Client, advise Client of the Clients options, including but not limited to bankruptcy options.
(3) Inform Client what information Client needs to provide Attorney in order to allow Attorney to provide appropriate advice and option information, in the event such information Client provided is insufficient.
(4) Advise Client of the appropriate requirements for the filing of a Chapter 7 or Chapter 13 bankruptcy, including the duties of Client connected with such filing.
(5) Quote the Client an estimated fee, to the extent possible given the information provided by Client, for the Attorneys service relative to providing bankruptcy assistance or other legal services to Client.
(6) Assuming that a U.S. Bankruptcy proceeding is filed, Attorney services will include all typical Attorney required participation in such proceeding, including but not limited to, appearances at Court hearings, preparation of legal memoranda, and communication with opposing counsel and parties.
(7) If Client’s proceedings require additional, but not customary work, Attorney will inform Client directly, and enter into a separate written contract for such services to fully apprise Client of the fees, payment requirements, and expected services to be provided.
Client acknowledges that the Attorney will not research creditor information, including addresses, account numbers, or balances. The Client must provide this information to the Attorney in writing. Failure to do so may result in unscheduled debts subject to non-dischargeability.
5 Duties of Client:
You will cooperate with us in order to permit us to perform the services described in this Retainer Agreement, provide us with such information and supporting documentation as we may request, all of which material shall be accurate and complete in all material respects and will not omit any material facts or information; keep us fully informed of any changes in any information previously given to us, or any developments or changes in those matters with respect to which we are rendering services under this Retainer Agreement; and make payments to us in full and in a timely manner pursuant to the terms of this Retainer Agreement.
(1) Client acknowledges his/her obligation to make full and complete disclosure of all assets and all liabilities and creditors, and to provide all documents and information requested by the Attorney, before the bankruptcy petition can be prepared and filed with the court. Failure to do so may result in unscheduled debts subject to non-dischargeability.
(2) Client acknowledges that he/she must attend pre-petition credit counseling before the bankruptcy petition can be filed. Client understands that he/she must also attend post-petition counseling after the bankruptcy petitions is filed and within the time frame allowed by statute. Client acknowledges that the bankruptcy cannot be filed without the certificate of completion of the pre-bankruptcy credit counseling. Client understands that no discharge of debts will be issued if the post-bankruptcy credit counseling is not completed within the statutory time frame.
(3) Attorney reserves the right to withdraw from Client representation if, among other things, Client fails to honor the terms of this Agreement, including non-payment of Attorney and court filing fees; Client fails to cooperate or follow advice on a material matter, or if any fact or circumstance arises or is discovered that would render continuing representation unlawful or unethical. Client is aware of an ethical requirement imposed upon all Attorneys in this state. If a Client, in the course of representation by an Attorney, perpetrates a fraud upon any person or tribunal, the Attorney is obligated to call upon the Client to rectify the same. If the Client refuses or is unable to do so, the Attorney is required to reveal the fraud to the affected person or tribunal.
6. Costs and Expenses:
In addition to the fees described above, we may incur certain out-of-pockets costs and expenses in connection with our services to you. You authorize us to advance on your behalf all expenses that are, in our judgment, reasonably necessary in connection with our legal services. You agree to reimburse us for all such cost and expenses, which may include, by way of example only, expenses incurred in connection with document duplication (at $0.10 per page) or transmission (at $0.20 per page), long-distance telephone calls, messenger and other delivery services, outside-assisted or computer assisted legal research (if required), travel expenses and other items similar to those listed above. We will ask that any costs in excess of $125.00 be paid in advance or billed directly to you by the service provider.
7. Disclaimer of Guarantee:
Since the outcome of negotiations and litigation is subject to factors which cannot always be foreseen, Client acknowledges and understands that we have not made and will make no promises or guarantees to you about the outcome of your matter or the results of the services, and nothing in this Retainer Agreement shall be construed as such a promise or guarantee.
8. Termination of Services.
You have the right to terminate our services at any time upon written notice to us. We also will have the right to terminate our services at any time upon written notice to you. When our services terminate, all unpaid charges will immediately become due and payable, including attorney fees for work completed at the rate of $350 an hour. After a notice of termination has been issued by one party and received by the other, we will immediately cease to render additional services, except for such services as we may be required to provide under applicable law or as we deem reasonably necessary to transfer the matter to you or to successor legal counsel, and we will be compensated for such services. Upon such termination, you will take all steps necessary to free us of any obligation to perform further legal services, including without limitation, the execution by you of any documents or releases necessary to complete our discharge or withdrawal. You and we will fully cooperate with each other to affect the transfer of any pending matter.
9. Arbitration.
Any dispute hereunder, or concerning the rights of any of the parties hereto, including, but not limited to, any dispute over the amount of fees or costs due and owing and any dispute over alleged malpractice, shall, if such dispute cannot be resolved between the parties hereto, be decided by binding arbitration by a retired judge of the Superior Court of Los Angeles County, California, to be agreed upon by the parties. You understand that you may be entitled to a jury trial as to any claim against us for malpractice or for other claims, and that by execution of this Retainer Agreement you hereby waive any such right. You understand and acknowledge that you have had the opportunity to consult independent counsel of your choice as to any of the terms of this Retainer Agreement and regarding your waiver of any right to a jury trial as specified above, and have either done so or have knowingly and willingly of your own free choice chosen not to consult such independent counsel. If we cannot agree upon an arbitrator, the presiding judge of the Superior Court of Los Angeles County will be requested to appoint a retired judge to act in such capacity, upon petition of any party hereto. Any decision or award as a result of any arbitration proceeding shall include the assessment of costs and reasonable attorneys' fees to the prevailing party and shall be enforceable in any court of law.
10. Coverage for Errors and Omissions:
[Use this only if you do not have E&O coverage!!!]
We do not carry any coverage for errors and omissions at the present time.
11. Retention of Client’s File.
At all times you are entitled to a copy of the file materials maintained or generated by us with respect to your representation by us, except those undisclosed work product materials reflecting our impressions, conclusions, opinions, legal research or theories (hereinafter “Client File”), upon reasonable notice and at your expense. At the time at which we withdraw from this engagement or the you cancel this Retainer Agreement, or upon completion of the work for which we are retained by you, you are entitled, upon giving us reasonable notice, to custody of the original Client File and we, at our own expense, are entitled to keep a copy of any of Client File materials we deem desirable. At the conclusion of the handling by us of the matter to which this Retainer Agreement pertains, we may, after a reasonable period of time, not to exceed seven years, in our absolute discretion, store the original Client File or destroy all or part of said Client File.
12. Entire Agreement and Governing Law.
(a) This Retainer Agreement contains the entire understanding among the parties hereto and supersedes any prior understandings and agreements among them with respect to the subject matter herein. There are no representations, agreements, arrangements or understandings among the parties, oral or written, relating to the subject matter of this Retainer Agreement that are not fully expressed herein. Any statements, promises or inducements, whether made by any party or agent of any party, that are not contained in this written agreement shall not be valid or binding. This Retainer Agreement may not be enlarged, modified or altered except by a written agreement signed by all the parties hereto.
b) This Retainer Agreement, being executed, delivered and will be primarily performed in the State of California, shall be construed in accordance with and governed by the laws of the State of California, United States of America, including its laws and decisions relating to conflict of laws with respect to its validity, interpretation, performance and enforcement. This Retainer Agreement may be executed in counterparts, each of which may be deemed an original, and taken together they shall constitute one and the same agreement.