We are honored that you have chosen Weekes Law, LLC (our “Firm”) to assist you. Whenever we begin a new relationship with a client, we believe it is in everyone's interest to describe the relationship in writing. This written engagement letter sets forth the general terms, conditions, and scope of the engagement that you will enter into with the Firm. This Engagement Letter ensures that you understand how our firm will bill for those services, and help avoid any misunderstandings between us.
Representation. The Firm agrees to represent you in a matter more fully described below (the “Services”). Our representation is limited to the Services herein described. You may limit or expand the scope of our representation from time to time, provided however, that any substantial expansion must be agreed to by the Firm.
Scope of Representation. The Firm, agree to represent you in the following legal service(s):
Legal Fees. The legal fee for the Services hereunder are a flat fee in the amount of $ (“Fee”). The Fee does not include hard costs including, filing fees, recording fees, service of process, publication of dissolution with a newspaper, postage or any other hard cost of any nature or kind.
Legal Fees Earned. Upon completion of the initial client consultation and completion of the initial draft of the Articles of Dissolution or Written Consent to Dissolution the Fee shall be deemed earned and is NON-REFUNDABLE.
Client Understanding. You understand, acknowledge and agree: (a) The Firm makes no representations or warranties regarding the outcome of any case and cannot guarantee any outcome in any matter; (b) That you will cooperate fully in this matter, including without limitation, following the directions of the Firm or its lawyers that in their professional judgment are necessary, appropriate, or helpful in providing the Services; (c) That at all times you may not direct, control, or regulate the Firm’s or any of its lawyers’ professional judgment in rendering Services; (d) The Firm will only begin work on Your case when You have paid the Fee set forth above; (e) If You do not pay the fees or costs as agreed, You understand that the Firm will be relieved of any further obligation to represent You or to appear in court on Your behalf and, in that event, You authorize him to withdraw from Your case; (f) The Fee provided herein does not include any mediation, hearings, or appeals or writs to a higher court, whether pre-trial or post-trial or whether initiated by You or by the opposing party; (g) You further understand that a 1.5% per month late charge will be imposed on any portion of the balance of the Fees not paid on the due date established above, and that You will be responsible for any costs and reasonable attorneys’ fees incurred should collection procedures be necessary.
Potentially Conflicting Parties. We have identified the following persons or parties as those with whom our Firm also has or may soon have a representation relationship, and with whom there is a potential for conflicts of interest: None. While we don’t anticipate any conflicts in this matter that would preclude us from representing you, it is foreseeable that a conflict of interest may arise between you and a joint party (e.g., your spouse, related entities you have ownership or beneficial interests in). We encourage you to seek independent counsel regarding the potentiality of a conflict of interest, though we acknowledging that it is your option whether or not to do so. Still, by agreeing to our representation you agree to waive any conflict of interest between yourself and any joint parties. You further agree to waive any right that you might have by reason of the attorney-client privilege to information provided by you to the Firm being confidential from a joint party, though of course, your confidential information will be protected and privileged as against any and all third parties.
Costs. In the course of providing Services to you, it may at some point be necessary for us to incur expenses or costs on your behalf. For example: costs for courier (local messenger delivery, Federal Express, etc.), long distance phone calls; facsimile, registered, certified and Express Mail postage, travel including food and lodging, photocopies, court reporting fees, witness fees, service of process fees, deposition costs, costs of exhibits, technical research databases, discovery costs, and other normal costs associated with litigation or other service. You are responsible for reimbursement for these expenses and costs incurred on your behalf within 30-days of the statement date therefor.
Co-counsel. In the event that the need to engage co-counsel arises, whether due to jurisdictional issues or otherwise, the fees therefor shall be in addition to the fees contemplated herein, unless otherwise agreed in writing. You acknowledge that there may be jurisdictional-specific aspects to the service provided, which necessitates a local co-counsel and that jurisdictional-specific work performed is done exclusively by the jurisdiction’s counsel, or that such jurisdictional counsel is taking sole responsibility for the accuracy of the jurisdiction-specific aspects of the Services.
Governing Law, Jurisdiction, Venue. You irrevocably and unconditionally agree that the laws of the State of Utah will govern the validity, performance, and the enforcement of this Agreement and that jurisdiction and venue for the enforcement of this Agreement shall be found exclusively in the courts of Salt Lake County, State of Utah. You understand that no warranties or representations have been made by the Firm or any of its attorneys concerning the success or favorable outcome of any legal action, the documents, or negotiations prepared or entered into on behalf of you. You have the right to terminate our services at any time by notifying us in writing. You will be responsible to pay our fees for services performed through the date we receive such notice. If any dispute arises as to fees, costs, our performance, or our agreement (including this engagement letter and any signed Services Addendum) each of us agree that we will in good-faith attempt to resolve any issues directly with each other for thirty (30) days.
The Firm will invoice (or send a Statement) to you on a monthly basis, setting forth in detail all services rendered and costs expended or to be expended on your behalf, by individual matter. Our policy is to look to payment from our clients within thirty (30) days from the date of the invoice/statement. In the unlikely event that payment in full is not forthcoming from you within that period of time and absent prior special arrangements for deferred payment, the Firm reserves the right to charge a late payment fee of 1.5% of the outstanding balance, with a minimum of $50.00 and interest on any unpaid balance, at an annual rate of eighteen percent (18%) with a minimum of $1.00. Further, and without waiving any right to collect all sums due and owing to the Firm, if there is an unpaid balance owed to the Firm by you outstanding over sixty (60) days from the date of invoice/statement, the Firm reserves the right to withdraw from representation of you in a manner that will not prejudice your rights. By execution of this letter, you hereby consent in advance to any such withdrawal for nonpayment of sums charged by and due and outstanding to the Firm for services and costs invoiced (or billed) in excess of sixty (60) days. You understand and agree that any and all charges that are not disputed by you in writing within thirty (30) days of the date of the Firm’s bill/statement on which the charge first appears are deemed valid.
You further grant the Firm the right to assert both common law and statutory attorney’s lien rights, including pursuant to Utah Code annotated, Section 78-51-41, against all funds, property or proceeds that is subject of or in connection with the work performed by the Firm for you, in connection with all sums which become due under this Agreement during the course of the Firm’s representation of you. If, after a judgment or decree is entered, or the Firm has withdrawn from the case if that occurs prior to the entry of judgment, payment of the balance due is not made within three (3) days of billing or if arrangement for the payment of the balance due is not made the Firm reserves the right to file an attorney’s lien on Your claim and/or settlement and/or judgment in the Your favor, including any real property or personal property or proceeds therefrom, awarded to You, whether the Firm continues to represent the Client or not, to protect the Firm’s rights in that award. This reservation and notice of the Firm’s right to and your acceptance of the Firm’s rights to file an attorney’s lien is in accordance with the applicable statutes of the State of Utah (Section 78-51-41, Utah Code Annotated)
The foregoing terms and conditions are set forth to promote a clear understanding of our expectations as to payment for services rendered and costs incurred on your behalf. However, if at any time you have a question or a problem regarding any charges on any invoice/statement received from the Firm or timing of payments to the Firm, please contact us within fifteen (15) days so that we can resolve any perceived difficulties.
We appreciate the opportunity to be of service to you, and look forward to a long and mutually beneficial relationship with you. If the terms and conditions set forth in this letter are acceptable, please have the enclosed copy signed and dated by you and returned to me for our files.
WEEKES LAW, LLC
Russell B. Weekes
ACCEPTED on . We understand that the only persons to be represented by the Firm are those persons named in the salutation above and who have signed below. Any further services requested by us will be subject to a Services Addendum then agreed upon by and between us and the Firm.
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Document Name: Flat-fee Agreement
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