Retainer Agreements and Fees Charged by Attorneys

by Kenneth Vercammen The NJ Court Rules of Professional Conduct require attorneys to have a written retainer statement. Attorney usually cannot discuss fees over the phone. We have found that most people desire an experienced, competent attorney, not the cheapest, least expensive attorney. Attorneys fees usually cannot be estimated until we are provided with facts and documents in writing. The following article deals with retainer agreements in cases that do not involve personal injuries. Litigation Matters For Litigation Matters experienced attorneys charge between $250 -$375 per hour for their service and advice. Wall Street Attorneys in New York will charge even $400 per hour. Generally, the minimum up front retainer fee is at least $3,000 Criminal, DWI, Traffic These are usually handled on a Flat Fee basis, not hourly. Wills, Power of Attorney Document Preparation Documents are usually prepared on a Flat Fee basis. If changes are requested after the document is prepared, there will be a charge for changes. Probate / Administration of Estate Probate matters are handled on an hourly basis. Experienced attorneys charge between $250 -$375 per hour for their service and advice. Generally, the minimum up front retainer fee is at least $2,000 Personal Injury These cases are handled on a 33 % contingency. No fee unless recovery. In New Jersey, the attorney is required to provide a written retainer statement in almost all matters. In litigation matters if the attorney does not prepare a written retainer statement setting forth how they will charge you, they may not be complying with the Supreme Court Rules. The following are a few of the Retainer Agreements used by trial attorneys such as Kenneth Vercammen: LITIGATION- AGREEMENT TO PROVIDE LEGAL SERVICES - THIS AGREEMENT, dated ____________________, is made between the Client, c1 referred to as "You", and the KENNETH VERCAMMEN & ASSOCIATES, PC, principally located at 2053 Woodbridge Ave., Edison, NJ 08817, referred to as the "Law Firm". 1. Legal Services To Be Provided. You agree that the Law Firm will represent you in connection with your dispute with ___________________. The legal work includes research, correspondence, preparation and drafting of pleadings and other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. 2. Other Legal Services. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any of the following: (a) Provide any legal services after the judgment of the trial court; (b) Appeal any decisions of the trial court; (c) Enforce any judgment or order of the trial court; (d) Represent you in any other court or Tribunal 3. Legal Fees. The Law Firm cannot predict or guarantee what your final bill will be. This will depend on the time spent on your case and the amount of other expenses. A. Initial Payment. The Law Firm will continue work on your case upon receipt of a retainer in the amount of $______.00. This sum will be used to pay your fees according to this Agreement. We will not serve engage in depositions $2,000.00 is received. In addition, when the portion of the Initial Retainer remaining unbilled falls below $500.00, a subsequent retainer of at least $1,000.00 will be required; with further retainer payments being required on the same basis. We require a credit card number to be used as security. You permit bills to be submitted to you credit card company. Credit card number: _____________________ Credit card company: ______________________ B. Hourly Rate. In addition, you agree to pay the Law Firm at the following rate for all legal services provided on your behalf: Rate Per Hour $250.00 out of court $275.00 in Court or out of office time C. All Services Will Be Billed. You will be billed at the rate set forth in paragraph 3B for all services on a monthly basis. All bills will be paid by you in full by the 15th day of the month. 4. Costs And Experts. In addition to legal fees, you must pay the following costs and expenses; experts' fees, court costs, investigators' fees, deposition costs, messenger services, parking, telephone toll calls, and photocopying, and any other necessary expenses in this matter. The Law Firm may require that experts be retained directly by you. You would then be solely responsible to pay the experts. The experts usually require they be paid up front. 5. Bills. The Law Firm will send you itemized bills on a monthly basis. The Law Firm may require that costs and expenses (see Paragraph 4) be paid in advance. All other bills for costs and legal expenses are due upon receipt. In the event any bills are not paid within ten (10) days, the Law Firm shall have the right to withdraw from representing you. Our minimum billing unit is 1/4 hour. This practice is necessary to adequately compensate for time expended in addition to brief contacts (such as telephone calls) which includes reviewing documents and preparing notes and the mandatory file memoranda resulting from such brief contacts. We reserve the right to charge interest on overdue legal fees and bills at the greater of 1.5% per month (eighteen (18%) per annum) or the highest rate allowed by law. The Retainer Fee is deposited into the business account. When the monthly bill is sent out, the monthly fee will be deducted from your retainer amount if you have a balance. If bills remain unpaid and collection efforts required, the firm will be entitled to collect an amount equal to the amount due, all court costs, plus 20% of the outstanding amount as a collection fee, pursuant to the case of First Morris Bank v Roland Offset Services __ NJ Super. __ (App. Div 2003 January 22, 2003). As set forth by the Court decision of Hrycak v Kiernan, a reasonable attorney fee shall be paid if collection, fee arb or proceedings to enforce a fee arb are instituted. 6. Your Responsibility. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must also pay all bills as required by this Agreement. If you do not comply with these requirements, the Law Firm may ask the court for permission to withdraw from representing you. The Law Firm will also withdraw at your request. -You must bring all your original papers connected to your case whenever you come to the law office, to court, deposition or other appearance where both you and your attorney will be present. You must notify the law office immediately if your address or phone numbers change. -You must call the law office 24 hours prior to any court appearances or depositions to confirm they have not been adjourned. - If possible, when you call the office and Mr. Vercammen is not in to take the call, leave your questions with the receptionist. 7. No Guarantee. The Law Firm agrees to provide conscientious, competent and diligent services and at all times will seek to achieve solutions which are just and reasonable for you. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, attorneys cannot and do not warrant, predict or guarantee results or the final outcome of any case. --------------------------------------------------- PROBATE -AGREEMENT TO PROVIDE LEGAL SERVICES- THIS AGREEMENT, dated ______________ is made BETWEEN the Client, c1 whose address is _______________________ referred to as "You" AND Kenneth Vercammen & Associates, PC referred to as the "Law Firm" 1. Deceased. The person who died is _______________ who formerly resided at ____________ and is referred to as the Deceased. 2. Estate of the Deceased. You have either been named as the executor in the Will of the Deceased or want to be appointed as the administrator of the estate of the Deceased who died without a Will. The executor or administrator is the person who collects the assets of the Deceased, pays the just debts of the Deceased and gives what is left to the family of the Deceased or to the beneficiaries named in the Will. 3. Legal Services To Be Provided. You agree that the Law Firm will provide legal services to you to assist you in performing your duties as executor of administrator of the estate. The legal work includes: (a) reviewing and analyzing the Will or advising you as to the persons who will take the Deceased estate according to law; (b) advising you what must be done; (c) making arrangements for you to go to the Courthouse to be appointed executor or administrator of the estate; (d) Preparation of mandatory Notice of Probate to Beneficiaries. (e) fill out Inheritance Tax Forms or Inheritance Waivers (f) preparation of mandatory Release and Refunding bond (g) correspondence to persons receiving benefits from the estate. 4. Costs and Expenses. In addition to legal fees, the estate of the Deceased must pay the following costs and expenses: Probate fees, Court costs, accountants' fees, appraisers' fees, service fees, Experts fees, investigator fees, messenger services, and any other necessary expenses in this matter. 5. Legal Fees. At this time, it is impossible to tell exactly how much time and effort will be required of the Law Firm to properly represent you. If there is no litigation or other complications which require an abnormal amount of work, the bill for legal expensed will be: (Check if applicable) [ ] percent of the gross probate estate. This includes the total value of the property which is subject to administration by the executor or administrator of the estate. [ ] percent of the total gross assets of the estate as will be reported to the Inheritance Tax Bureau. [ ] Hourly Rate. You agree to pay the Law Firm for legal services at the following rates: Rate Per Hour $225.00 out of court $250.00 in Court or out of office time You will be billed at these hourly rates for all services rendered. This includes telephone calls (minimum charge of 1/4 hour ), dictating and reviewing letters, travel time to and from meetings and the Court, legal research, negotiations and any other service relating to this matter. 6. Payment of Fees. The agreed upon fees will be paid as follows: (check if applicable) [ ] Schedule of Payments. initial payment: [ ] Bills. The Firm will send you itemized bills from time to time. In addition, when the portion of the Initial Retainer remaining unbilled falls below $500.00, a subsequent retainer of at least $1,000.00 will be required; with further retainer payments being required on the same basis. We require a credit card number to be used as security. You permit bills to be submitted to you credit card company. Credit card number: _______________________________________ Credit card company: ______________________ All bills for costs and legal expenses are due upon receipt. The estate of the Deceased will be charged interest at a yearly rate of 18% on any remaining balance not paid within 30 days from the date on the bill. If bills remain unpaid and collection efforts required, the firm will be entitled to collect an amount equal to the amount due, all court costs, plus 20% of the outstanding amount as a collection fee, pursuant to the case of First Morris Bank v Roland Offset Services __ NJ Super. __ (App. Div 2003 January 22, 2003). As set forth by the Court decision of Hrycak v Kiernan, a reasonable attorney fee shall be paid if collection, fee arb or proceedings to enforce a fee arb are instituted. 7. Other Legal Services. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any of the following: (a) File Complaints in Superior Court (b) Prepare Formal Accountings in Superior Court (c) Locate Estate assets (d) Represent you in any other court or Tribunal 8. Your Responsibility. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must follow the instructions of your attorney. You must also pay all bills required by this Agreement. If you do not comply with these requirement, the Law Firm may withdraw from representing you. The Law Firm will also withdraw at your request. _______________________________ AGREEMENT TO PROVIDE MUNICIPAL COURT LEGAL SERVICES - 2004 THIS AGREEMENT, dated _________________, is made between the Client, ______________________ referred to as "You", and the Kenneth Vercammen & Associates, PC located at 2053 Woodbridge Ave., Edison, NJ 08817, referred to as the "Law Firm". 1. Legal Services To Be Provided. Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a municipal court matter. We will represent you in connection with the charges pending against you in the ______________________________ Municipal Court provided all legal fees are paid. We will represent you at all stages from the initial interview to the first appearance in court. Our fee for such representation is __________________________________. 2. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC. Fee is due by _____________________. 3. Representation/ What We will do for you. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services on the charges you provided us at the initial consultation. At all times we will seek to achieve solutions which are just and reasonable for you. 1. Telephone consultation with client; 2. Office consultation with client; 3. Offer sound legal advice to client, plus access to our legal info website kennethvercammen.com 4. Preparation of letter of representation to Municipal Court; 5. Preparation of letter of representation to Municipal Court Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file and client may have free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Follow up with Municipal Prosecutor for discovery if suspension or jail is likely; 11. Prepare defense and mitigating factors; 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client socials/ seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service. 22. Free Magnet, Pen, T- shirt, soda/ beer mug, foam soda can holder and estate planning book. Please ask Ken V or staff upon retaining the office. The legal work includes research, correspondence, preparation and drafting of pleadings or other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. The Law Firm will provide legal representation through an attorney who is licensed to practice law in New Jersey. 4. Other Legal Services. We provide representation only on the charges/tickets/offenses you provided to us at the initial consultation. The Law Firm does not guarantee Kenneth Vercammen will be the trial attorney. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any additional work or any of the following: (a) Provide any legal services after appearance at the trial court; (b) Appeal any decisions of the trial court or make additional appearances after appearing in Court; (c) provide other legal services or advice not listed on page 1; or (d) Represent you in any other court or Tribunal 5. Costs And Experts. In addition to legal fees, you must pay the following costs and expenses if needed: costs for discovery and police reports, court costs, subpoena fees, and any other necessary expenses in this matter. The Law Firm may recommend that experts in DWI cases be retained directly by you. You would then be solely responsible to pay the experts. 6. Your Responsibility- Please read carefully and follow instructions to help us help you 1. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must fill out the Interview Sheet accurately. If you do not provide accurate information to the court and our law office, you may expose yourself to a higher DMV surcharge assessment. You must also provide details on what you told the police. We recommend you contact DMV, now Motor Vehicle Commission, and obtain a driver's license abstract. 888-486-3339 or 609-292-6500. This will help you when we go to court. 2. You must call the Court or Law Office 24 hours before all hearings and court appearances to confirm the case has not been adjourned. 3. Going to Court- You must bring all your original papers and entire file of all documents and letters you have received from our office, the Court, insurance companies and the DMV/ MVC connected to your case whenever you come to the law office, to court, or other appearances where both you and your attorney will be present. In addition to bringing your file, we recommend that you bring a magazine or some light reading because the courts often take recesses and delays often occur. When you arrive, please check in. Hearing times are often delayed. If by chance the attorney in my office handling the hearing is not at the hearing room when you arrive, please do not panic. We will soon arrive to handle the case. We often travel from another court. Please remain in the courtroom/hearing room until we arrive, if possible. Usually we will go to speak directly with the Prosecutor or Court Clerk prior to going into the courtroom. In municipal court/traffic cases, we recommend our clients not speak with the Prosecutor but rather wait for your attorney to arrive. If you will have to pay court costs or a fine, bring a checkbook or cash. Most towns and state agencies still do not accept credit cards. Do not leave the court and go home until instructed by Mr. Vercammen or a member of our staff. 4. You must notify the Law Office and the court immediately if your address or phone numbers change. 5. Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid in full. All fees and requirements under this written retainer agreement and any other written documents must be complied with. You must also pay all bills as required by this Agreement. If you do not comply with these requirements, the Law Firm will not represent you. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. We always charge a fee of between $50 - $100 for bad checks. 6. We do not usually adjourn hearing dates once the Court sets the hearing date by computer notice. If the client wants a new date, they should call the Court directly. We charge an additional $75.00 to cancel Court dates and reschedule once the court date is set. 7. No Guarantee. The Law Firm agrees to provide conscientious, competent and diligent services and at all times will seek to achieve solutions which are just and reasonable for you. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, attorneys cannot and do not warrant, predict or guarantee results or the final outcome of any case. Your payment of the legal fee indicates you have read and agree to this Agreement. This is a non-refundable retainer/representation fee, pursuant to Superior Court decisions and New Jersey RPC. ______________________ CRIMINAL - FLAT FEE- SUPERIOR COURT LEGAL AGREEMENT - - AGREEMENT TO PROVIDE LEGAL SERVICE This agreement dated ____________, 20____, is made between the client, _________________________________________ Whose address is ___________________________________________, referred to as "you" AND Kenneth Vercammen & Assoc., P.C. located at 2053 Woodbridge Ave., Edison, New Jersey 08817, referred to as the "Law Firm" 1. Legal Services to be provided. You agree that the Law Firm will represent you in the following matter: ____________________________________________________________ Review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. 1. Telephone consultation with client; 2. Office consultation with client; 3. Preparation of letter of representation to Superior Court; 4. Preparation of discovery letter to Prosecutor Office; 5. Preparation of statement to provide legal services; 6. Copies of all correspondence to Court and Prosecutor to client; 7. Opening of file; 8. Representation at Pre-Arraignment Conference; 9. Representation at Arraignment; 10. Representation at Scheduling Conference; 11. Representation at Plea Agreement; 12. Representation at Sentencing; 13. Review of necessary Statutes and Case Law; 14. Follow up with County Prosecutor for Discovery; 15. Prepare defense and mitigating factors; 16. Miscellaneous correspondence, preparation and drafting of Pleadings and legal documents; 17. Review of Discovery; 18. Travel to Superior Court; 19. Representation in Superior Court; 20. Motion to Suppress Evidence/Statements if applicable; 21. Provide copy of Discovery and all correspondence from Prosecutor to client; 22. Negotiating with Prosecutor; 23. Preparation of sentencing letter; 24. Follow-up request for letters of referral; and 25. Preparing mitigating factors. 2. Flat fee: ____________________________________________ 3. Costs and Expenses. In addition to legal fees, you must pay the following costs and expenses: Experts' fees, court costs, investigator costs, witness fees, police discovery costs, messenger services, photocopying charges, postage and other necessary expenses in this matter. The Law Firm may require that expert(s) be retained directly by you. You would then be solely responsible to pay the expert(s). 4. Bills. The Law Firm will send you itemized bills from time to time. The Law Firm may require that costs and expenses (see paragraph 3) be paid in advance. All other bills for costs and legal expenses are due upon receipt. You will be charged interest at a yearly rate of 17% on any remaining balance not paid within 15 days from the date of the bill. 5. Your Responsibility. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must also pay all bills as required. The Law Firm may ask the court for permission to withdraw from representing you. The Law Firm will also withdraw at your request. 6. No Guarantee. The Law Firm agrees to provide conscientious, competent and diligent services and at all times will seek to achieve solutions which are just and reasonable for you. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, attorneys cannot and do not warrant, predict or guarantee results of the final outcome of any case. The Law Firm will use its best efforts on you behalf. 7. Other Legal Services. If you need any other service which may or may not be related to the above matter, you and the Law Firm may make a new agreement to provide the other services. Without such agreements, the firm is not required to perform any other services in any of the following: A) Provide any legal services after the judgment of the trial court; B) Appeal any decisions to the trial court; C) Provide other legal services or advice; or D) Represent you in any other Court or Tribunal. You and the Law Firm have read and agree to this agreement. By paying the initial retainer you agree the Law Firm has answered all of your initial questions and fully explained this agreement to your complete satisfaction. You have been given a copy of this agreement. ------------------------------ COOPERATING & WORKING WITH YOUR ATTORNEY When do I need a lawyer? This really depends on your situation. Generally, you should think about obtaining legal advice regarding: * adoptions * Serious accidents * Deaths * Business transactions * Starting or terminating a business * Being accused of a crime * When someone sues you * Planning for distribution of your property and/or care of your young children after your death * Writing a will * Retirement planning If a problem like one of these faces you, call my office as soon as you can. Many simple problems get more complicated as time passes. When in doubt, schedule an in office consultation with an attorney. A brief in office consultation can help you decide if a lawyer¹s assistance is needed. When I get a lawyer, what can I expect? In most cases, my representation follows a careful step-by-step process that may include: * Conferring with you, the client to pinpoint the situation and determine what you wish to accomplish * Gathering and analyzing all available facts and information * Interviewing everyone involved with the case * Studying laws and previous decisions that may apply to your situation * Offering advice and preparing contracts or other appropriate documents (such as wills, incorporation papers, etc). * Preparing legal arguments for contested matters, and representing you in any negotiations for settlement and court appearances. Don¹t Try To Cut Corners When Facing Crucial Issues in Your Life. It might be dangerous for you to choose a lawyer purely on an estimate of fees. ³Shopping around" for the "cheapest " lawyer may not be the best approach because that lawyer may not be the most qualified to handle the case. You also want to be certain an attorney is doing most of the work, rather than an inexperienced new lawyer or legal secretaries or clerks. What Should I Do at my First Meeting Concerning Legal Advice? * Be prepared to give a brief explanation of your legal problem< and what ultimate result you would like the lawyer to help you achieve. * Bring copies of any written records that explain your problem. *Write down questions you want the lawyer to answer. How Do I Insure a Good Lawyer-Client Relationship? Remember, good legal assistance is not a one-way street. You have to cooperate with my office if you really want to be helped. The attorney-client relationship is confidential except, according to the Rules of Professional Conduct, if it is necessary for the lawyer to disclose information to the proper authorities in order to prevent a client from committing a criminal, illegal or fraudulent act likely to perpetrate a fraud upon a tribunal. Here are some important tips to follow: * Please provide me with an objective statement of all the facts. According to the Rules of Professional Conduct, a lawyer may ³counsel or assist a client in a good faith effort to determine the validity, scope, meaning or application of the law.² However, an attorney is not permitted to ³counsel or assist in conduct that the lawyer knows is illegal, criminal or fraudulent, or in the preparation of a written instrument containing terms the lawyer knows are expressly prohibited by law.² * Don¹t look for simple, quick answers to complex questions. Lawyers are justifiably cautious in drawing conclusions or answering questions about complicated legal problems. Attorneys and judges know that cases are rarely ³open and shut.² * Let my office know about any new developments in your case. * Don¹t hesitate to ask questions about any matter relevant to your case. Remember, though, I am not a doctor, psychiatrist, marriage counselor or financial advisor. * Work with my office. If you don¹t understand why something should be done or have doubts about some action recommended, ask questions and get an explanation. * Be patient - Don¹t look for instant results. Trust my office and I to follow through on the case but don¹t hesitate to ask for progress reports from time to time. About Legal Fees, What Can I Expect? The time, study, experience and attention your attorney gives your problem all determines the legal fees. I have invested tens of thousands of dollars on such things as education, staff, books, journals, rent, office equipment, and insurance. Consequently, a lawyer must set a charge for his services that is both reasonable and adequate to cover his own investment and expenses. Because no two legal matters are exactly the same, fees vary widely. Some factors involved are: * The amount of time and labor spent on your problem and the complexity of your case. To a lawyer, time is money. Most lawyers keep very careful records of the time they and their staff spend on your case. Many attorneys will charge specific fees for meetings, research, courtroom appearances, telephone conversations, etc. This amount of time your lawyer may be required to spend will vary according to the case involved. * The emergency nature of the case or the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. If the lawyer has to ³drop everything² to handle your matter, the fee may be higher. * Nature and length of the professional relationship with the client. In a matrimonial matter there must be a written retainer agreement. * Whether the fee is fixed or contingent. The results obtained often are considered in setting the fee (except for matters in which contingent fees are prohibited by law and the Rules of Professional Conduct). Of course, unless my office takes your case on a contingent fee basis, we except to be paid, no matter what the outcome. (Results can never be guaranteed.) * If you are suing for compensation for injuries caused by another person¹s negligence, my office may be willing to represent you for a contingent fee. Under this arrangement, I will receive no fee if there is no recovery. (However, you must still pay certain costs directly related to your lawsuit.) A contingent fee agreement must be in writing and must state the method by which the fee is determined, including the percentage accruing to the attorney in the event of settlement, trial, or appeal, litigation and other expenses to be deducted before or after the contingent fee matter, I will provide you with a written statement of the outcome of the matter, and if there is recovery showing the remittance to the client and its method of determination. Under this fee arrangement, I must invest my own time, effort and office expenses without advance payment. This plan permits any injured person, regardless of their financial resources, to be represented by my effort in cases of this type.