TERMS & CONDITIONS

Your bill for legal services will always follow the rules set out by the Arizona Supreme Court for accepted practices in the state. (Rule 1.5 of the Rules of Professional Conduct) You can expect to be presented with written records of the actual hourly services rendered for your review twice a month. You will pay Modern Law based on its hourly rates for specialized training, experience and expertise, and professional status.

Those rates are:

– Attorneys: $350-$450 hourly

– Paralegals: $125-$175 hourly

– Legal Administrative work: $100 hourly

– Forensic Accounting Services: $225 hourly

I understand that rates may change from time to time, but I will be notified in writing at least 30 days in advance of any rate increase. I may have been given an estimate of typical costs for the type of case I have, but I understand it’s not a promise or guarantee of the total amount to resolve my case.

Holan Law bills some drafting projects by a flat fee to make things easier and give you a better idea of what to expect. For example:

1. Petitions: $800

2. Responses: $600

3. Responses and Counter Petition: $800

4. Minimum Charge Motions: $100

5. Weekend and Evening Contact: 1.5x the regular hourly rate

Only the specific drafting documents above are billed at a flat rate. All other billing is based on the hourly rate of the individual working on your case and time is tracked and billed in 1/10 per hour increments for any time spent working on your case. That includes reading and responding to emails, traveling to court from our office, and reviewing documents and any other work directly related to your case. While we bill hourly and cannot estimate or cap the cost of your representation we will attempt to estimate the anticipated fees associated with any given decision to be made on your case, and you understand those estimates are not a maximum or guaranteed price. For instance, we may tell you that an average divorce in our firm costs around $8,500 or that a deposition costs roughly $3,500, and you understand that these estimates may vary in your particular case. We offer these estimates so that you can make informed choices about the many options we have within your case.

Holan Law asks for a retainer specific to your case to begin work, along with a credit card authorization. Your funds will be safely held in a trust account, and will be replenished by my credit card if you fail to pay your bill. Understand that Holan Law will not begin work on your case without this advance payment and approval of this agreement. When you are issued a bill for legal services, if you don’t pay these directly, you can expect Holan Law to draw from the funds held in trust, or to use your credit card if those funds have already been drawn upon. You will be able to review my bill in statements sent once a month.

If you are unable to make payments or unable to maintain your retainer within 30 days, your representation by Holan Law may end. The most important thing is that you communicate with us about whatever your budget limitations including both amount and timing of payment. We will always try to work with you.

You also understand that unpaid balances accrue interest at the rate of 1.5% per month, or 16% annually.

At the end of your case, we will ask you for your honest feedback. This feedback is so important to us that you will either receive $50 gift card or $50 off of your balance with the firm for participating in providing this feedback.

Once your Advanced Deposit is made and the agreement is signed, we can begin. Your trust account must be fully funded at least 30 days prior to any scheduled hearing or trial, otherwise, Holan Law will not be able to begin or represent you.

If someone else is paying for your representation, You can expect that your information will be kept confidential. You won’t have to give up any rights to decisions you’ll need to make with your attorney just because someone else may be paying the bill.

And, just to be clear, a third-party payor is not the person being represented, so any refunds of trust money will go to you. If you want us to share information with any 3rd party, tell us specifically who and what we should share. Sharing information with third parties may waive the attorney/client privilege, so make sure to discuss this with your attorney prior to involving third parties in your representation.

Holan Law utilizes technology wherever possible to increase efficiency and decrease my costs. This agreement allows your information to be electronically stored “in the Cloud.” If this is a problem, you must inform Holan Law, so that they may take additional steps to secure your information. You should use a private email address for communications with your Attorney. Work email is not strictly confidential, and your confidentiality may be compromised if you use anything other than your personal, private email account to communicate with Holan Law.

Holan Law will never enter into a legal settlement without your approval. Your cooperation with your attorney is important to getting the job done if a settlement is under consideration. For that reason, you will need to:

• provide information as it’s needed

• reply in a timely fashion by email

• provide paperwork needed for discovery or disclosure

• assist in preparation for trial

• let Holan Law know if your contact information changes

If you should fail to follow through with these actions, Holan Law may withdraw from representing you.

Holan Law uses electronic files and will provide you with an electronic file once your case is closed. Modern law does not keep your original documents and will return everything to you once it is scanned. In the event there may also be hard copies or materials that belong to you they will be returned to you. If for some reason, you are unavailable, or can’t be reached, the Firm will destroy the papers. You are responsible for keeping copies of emails sent to or from Holan Law. Holan Law will destroy your file after two years.

It’s possible that you – or the Firm – may choose to terminate their representation for you at any time for any reason with written notice, subject to the Firm’s ethical duties. If the Firm decides to terminate its representation of you, the Firm will take reasonable steps to protect your interests.

If you are at any time dissatisfied with the Firm or if you have a question about the fees charged or billing statements or any other matter, you must inform the firm promptly and work with the Firm toward a resolution. It’s understood that both you and the firm will retain the option to terminate representation at any time upon written notice, subject to the Firm’s obligation to its ethical duties.

If that should occur, you agree to promptly pay all outstanding fees and costs incurred for services rendered through the date of termination.

If a dispute arises between you and the Firm regarding the fees in this matter, we agree to first communicate and negotiate to try and resolve the dispute. If it cannot be resolved among us, we agree to bring the dispute through binding arbitration through the State Bar of Texas fee arbitration program. If you fail to pay fees billed by the Firm, or the costs or expenses incurred, these do not constitute a “dispute,” and the Firm reserves the right to pursue legal remedies to collect earned fees, or costs and expenses.

If you should fail to pay for any expenditure of time, fees or expenses, Holan Law may seek collection on costs owed. If this occurs, there will be additional collection expenses, interest owned and potentially attorneys fees for any action taken on collection of unpaid amounts.

You agree that you will be responsible for these fees. If one section of this agreement is modified or waived, all other elements of this agreement will continue unchanged. Any modification or waiver of this Agreement will need to be in writing and signed by both you and the Firm.

This agreement constitutes the entire agreement and understanding between you and the Firm. In addition, this agreement will supercede any prior agreement and understanding we may have had. If at some point some element of this agreement becomes invalid or unenforceable, then the remainder of the agreement shall continue, governed under the laws of the State of Texas.

You also agree that unpaid legal fees will create a presumptive lien on any property subject to the action and any property being held in our trust account. There may also be occasion when a client is unable to pay the costs of litigation and instead requests that attorneys are paid upon the sale of the home or real property. In that event, we may attach a lien to the real property subject to the action for unpaid fees.