Firm’s Engagement Policies and Procedures
The Firm’s lawyers, of-counsel, paralegals, staff and/or independent contractors shall bill for services on Client matters (to the extent hourly rates are applicable) in increments of one-tenth of an hour (six (6) minutes).
The Firm’s fees for services and expenses charged shall be billed to the Client each month, and except with respect to flat fee engagements, the Firm’s statements shall contain a description of the time expended by each lawyer, of-counsel, paralegal, staff and/or independent contractor of the Firm, a description of the services rendered by each and an itemized list of the expenses charged by the Firm.
The Client shall receive invoices for fees for services and expenses charged via electronic mail. Payment in full of the Firm’s statements is due when the statement is received by the Client. The Firm may charge interest at a six percent (6%) per annum on amounts not paid by the due date. We ask that you advise us within ten (10) business days after receipt of our statement as to any questions you have regarding our fees for services and/or expenses charged.
Costs and Expenses
The Client agrees to pay the Firm’s costs and expenses charged in connection with the Services rendered by the Firm. Such expenses include photocopying expenses, communications expenses, staff overtime, courier service fees, postage, filing fees, title searches, transcripts, online legal research expenses, court fees, expert’s and consultant’s fees and expenses, facsimiles, meal and travel expenses, if any, among other expenses. The Client acknowledges and agrees that during the course of the Firm’s representation, it may be necessary for the Firm to incur significant costs on the Client’s behalf, such as consultant’s fees and expenses, airline, hotel and other travel expenses, outside copying, mailing and document processing expenses, filing and recording fees and separate data and file storage expenses. If requested by the Firm, the Client agrees to make prompt direct payment to the vendor for such costs and expenses and not require the Firm to advance payment on Client’s behalf.
Services and Cost Retainer
In order to secure the payment of (i) fees for services to be provided and (ii) expenses charged, the Firm may request that the Client pay it an advance services and/or cost retainers in the amounts equal to the amounts set forth on Exhibit A (respectively, “Services Retainer” and “Cost Retainer”). Upon such request by the Firm, the Client agrees to promptly provide such retainers to the Firm prior to the commencement of services. If the Firm request additional Services Retainer and/or Cost Retainer amounts and the Client fails to promptly advance additional amounts as requested by the Firm, or the Client fails to timely pay the Firm’s statements, then after reasonable written notice to the Client, the Firm shall have the right to terminate its representation, including withdrawing as counsel for the Client, in any legal proceeding or mater in which the Firm represents the Client. In the event of such default in payment, the Firm shall have the right to apply any retainer amounts against any amounts due by the Client to the Firm, without prejudice to the right of the Firm to withdraw from representation of the Client.
Upon termination of the engagement of the Firm, the Client agrees to pay the Firm’s unpaid fees for services and expenses incurred through the date of termination.
If, at the time of termination of engagement of the Firm, the Firm has been paid retainer amounts greater than the Firm’s total fees for services and expenses charged, then upon such termination, the Firm shall refund to the Client any excess thereof. If, after termination of engagement of the Firm, the Client has a balance due the Firm for fees for services and expenses charged, then the Firm may charge against and pay from any retainer amounts, the Firm’s unpaid fees for services and expenses charged through the date of termination.
The Client agrees that if, during the course of the Firm’s representation of the Client, the Firm recovers and is in possession of the Client’s money or other property, the Firm shall have a charging lien on such money and property to pay the Firm’s unpaid fees for services and expenses charged and, after reasonable notice to the Client, the Firm may apply any of the Client’s money and/or property in the Firm’s possession for payment of the Firm’s unpaid fees for services and expenses charged.
If the Firm must resort to legal remedies to collect fees for services and expenses charged, then the Client agrees that the prevailing party in any such action shall be entitled to recover from the non-prevailing party the prevailing party’s reasonable lawyers’ fees and expenses.
Unless requested in prior written instruction by the Firm, the Client shall not provide the Firm with any original documents. The Client, when requested, acknowledges and agrees that it shall only provide copies of documents to the Firm. Upon the conclusion of any particular matter, the Firm may, but shall not be required, to provide the Client with notification to retrieve all of the Client’s documents related to any concluded matter, including all documents prepared or recovered during the Firm’s representation of the Client. Upon the failure of the Client to respond to such notification, then the Firm may, at its discretion, destroy its files, including any documents.
Any controversy or claim between the parties arising out of, or in any way relating to this Agreement, shall first be submitted to confidential, non-binding mediation before a mediator acceptable to both parties. The aggrieved party shall provide written notice of a dispute. In the event that the parties cannot agree on a mediator within 30 days of such written notice, then the aggrieved party may choose a mediator. Unless otherwise agreed to in writing by the parties, mediation shall take place not more than 45 days following the date of the dispute notice. If one of the parties fails to materially participate in the scheduled mediation, then such non-participating party shall be responsible for all of the other party’s fees and costs related to such mediation, including, but not limited to, lawyers’ and mediators’ fees.
The parties hereto agree that all legal proceedings relating to or arising out of the subject matter of this Agreement shall be maintained exclusively in the state courts or federal district courts sitting within Miami-Dade County of Florida. The parties hereby consent to and subject themselves to the jurisdiction of such courts and agree that jurisdiction and venue for any proceeding arising hereunder shall lie exclusively with such courts.
Our relationship with you is personal in nature. As such it is mutually agreed that our duties to you and your resulting rights or claims shall not be assignable or assigned to another person or entity and, unless we agree otherwise in writing by you and us, no third party shall be or is considered as a beneficiary of our services for you.