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LAW OFFICE OF J.R. HASTINGS Home Contents Introduction Preparing an Estate Plan Related Services Dining and Travel Newsnotes to You Feedback Search
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A Word About Privacy and Your Financial Relationship with About Privacy . . . . Notice of Privacy Policy Lawyers are now required by the Gramm-Leach-Bliley Act to inform their clients of their policies regarding privacy of client information. My law firm understands your concerns as a client for privacy and the need to ensure the privacy of all of your information. Your privacy has always been important to us, and your trust and confidence is of the highest priority. Lawyers have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by such Act. Therefore, we always protected your right to privacy. The purpose of this notice is to explain our Privacy Policy with regard to personal information about you that we obtain and how we keep that information secure. NONPUBLIC PERSONAL INFORMATION WE COLLECT We collect nonpublic information about you that is provided to us by you or obtained by us with your authorization and consent. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT OUR CIENTS OR FORMER CLIENTS TO ANYONE EXCEPT AS PERMITTED BY LAW AND ANY STATE ETHICS RULES. We do not disclose any nonpublic personal information about current or former clients obtained in the course of our representations of those clients, except as expressly authorized by those clients to enable us to accomplish the purpose of our representation or as required or permitted by law or applicable provisions of codes of professional responsibility or ethical rules governing our conduct as lawyers. We have no business affiliations with any institutions and there are no exceptions or loopholes in our policy. CONFIDENTIALITY AND SECURITY We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and to comply with professional guidelines or requirements of law. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards. You do not need to do anything as a result of this notice. You may wish to file this notice with your other legal papers. We value our relationship with you and strive to earn your continued trust.
About Your Financial Relationship . . . . My habits and procedure: Your monthly statement is prepared on or about the 20th of the month and mailed to you a few days later. Whenever you have questions or corrections to the monthly statement, please telephone. I will research the issue and present the answer in the next months statement. If on an hourly rate my fee is computed against the time spent at a rate of $300.00 per hour for the Attorney at Law, up to $150.00 per hour for the assistant to the attorney, when used, and up to $75.00 an hour for uncomplicated assistant tasks or specific secretarial services. Services provided due to emergency circumstances will be billed at a greater hourly rate, $500.00 per hour, or at an enhanced fixed fee (if you are on a legal insurance plan, this fee will not be paid by legal insurance (should you have it) and is your personal obligation). If you are on a rate established by a legal insurance plan that rate will be charged for the services allowed by the legal plan. However, services not allowed by the legal plan will be computed at my usual hourly fee and charged against your account. Also, costs are charged to your account. The fees and costs just mentioned are your personal obligation and will not be paid by your legal insurance plan. If on a fixed rate for specific services, such as an estate plan or incorporation, the fee will be confirmed to you by a handwritten note or an employment agreement, and will not change, unless this employment agreement states otherwise. However, if I discover additional services are needed I will propose a fee arrangement for those services, and if services exceed those contemplated those services will be charged at the hourly rate. If you elect a Will estate plan, which is usually a fixed fee arrangement, I will provide my usual services: the initial conference, preparation of one draft of the estate plan documents (to be corrected by you through my secretary before the appointment for signing) and the conference at which you sign the documents. Additional drafts and conferences will be billed at my usual hourly rate. If you elect an irrevocable life insurance trust to your estate plan, I will provide the same services stated in the previous paragraph . Services for an ILIT also include coordination with the trustee to ensure the trust is functioning properly. Additional drafts and conferences will be billed at my usual hourly rate. If you have legal insurance it is likely this fee is your personal obligation and will not be paid by the legal insurance plan. If you elect a Living Trust estate plan, the fee is established predominantly as a fixed fee arrangement. Fees for clients on an insurance plan that does not allow a living trust plan will be adjusted according to the services that are covered by insurance. I will provide my usual services: the initial conference, preparation of one draft of the estate plan, preparation of one deed, the conference at which you sign the documents and a later conference to review the funding of your estate plan. Our agreement will specify the parameters of the tasks I will accomplish. Additional or extended tasks, drafts and conferences will be billed at my usual hourly rate. Also, additional deeds, assignments and letters changing title and beneficiary designations (this is called "funding" the trust) will be accomplished, usually by the assistant, at my usual hourly rate. If you are an insurance client several of the fees and cost just mentioned are your personal obligation and will not be paid by your legal insurance plan. Incorporation may also be a "fixed fee" arrangement and the services include preparation of normal documents to get the corporation functioning legally. When you visit for a consultation to review your existing estate plan the fee is an hourly fee. Usually, a written estimate will be given to you of the time required to revise your estate plan. If you are an Executor or an Administrator in a probate proceeding, the monthly statements will show the time spent, but the fee will be determined by statute and confirmed by an Order of the Court. The statement will indicate the portion of the accumulated costs that should be paid. If you are a Conservator in a conservatorship proceeding, the monthly statements will show time spent, but the court will determine the fee. I will request of the court a fee based on the hourly rate. The statement will indicate the portion of the accumulated costs that should be paid. If you are a Trustee in a trust administration the fee will be a fixed fee for specified services, then an hourly rate for other services charged against a retainer. The monthly statement will list the costs I pay on your behalf. The costs associated with each endeavor vary. These costs include, but are not limited to, telephone, copies (including a copy of this file if you transfer from this office), facsimiles, postage, delivery, service of process, court fees, and recorder fees. Whenever possible I forward to you for payment by you invoices sent to me by others for services I request on your behalf; if I do, these invoices will not be listed on my statement. If I hold your money in my attorney’s trust account I will pay costs attributable to your matter when they become due. If I am to pay attorney fees with the money in the trust account those fees will be transferred to the Corporation after the monthly statement is sent to you. If your account is not paid on time the statement will include a late payment charge of one percent (1%) per month. This late payment charge will be compounded monthly.
Your Responsibility: Upon receipt of your monthly statement, please communicate any questions or corrections to the statement. Please pay your statement upon receipt, but no later than the 10th of the following month. Please pay the fee for an initial consultation before you depart. If it is necessary for you to cancel an appointment, please do so at least twenty-four (24) hours in advance; otherwise the statement will show a charge at the hourly rate for one-half hour attorney time. This fee is your personal obligation and will not be paid by your legal insurance plan. If on a fixed rate for specific services, usually an estate plan, please pay one-half of the fixed rate upon receipt of the employment agreement; the remainder is paid at the signing of the documents. If on a fixed rate for specific services, usually a living trust estate plan not reimbursed to you by the insurance company, please pay one-half of the fixed rate upon receipt of the employment agreement; the remainder is paid at the signing of the documents. If on a fixed rate for specific services and you delay completing (signing) documents beyond two months from the initial conference, the fee for services will be the agreed fixed rate plus an hourly rate commencing two months after the initial conference. If you are an Executor or an Administrator in a probate proceeding or if you are a Conservator in a conservatorship proceeding please pay to my trust account the amount of fees requested to be approved by the court prior to the filing of the petition requesting those fees. Some fee arrangements are commenced with the payment of an advance fee known as a retainer. If you pay a retainer, even if caused by the account being "Past Due," then whenever the retainer balance is less than $1000.00, to replenish the retainer please pay the amount indicated in your agreement or on the statement, which may be up to $5000.00. If on a fixed rate for specific services, usually a living trust estate plan not reimbursed to you by the insurance company, please pay one-half of the fixed rate upon receipt of the employment agreement; the remainder is paid at the signing of the documents. If you delay completing (signing) documents beyond two months from the date of the initial conference, the fee for services from that point forward will be my usual hourly rate. This fee is your personal obligation and will not be paid by your legal insurance plan. If your agreement for services includes a retainer of moneys, please pay the retainer as soon as you have access to funds, but no later than fourteen (14) days after the initial appointment. Once the retainer is completely credited to your account, please pay your statement upon receipt, but no later than the 10th of the following month. You grant J.R. Hastings Law Corporation ("Corporation") a lien on any and all claims or causes of action that are the subject of this representation. The lien will be for any sums owing at the conclusion of the Corporation’s services to the Corporation for any unpaid costs or attorney’s fees. The lien will attach to any recovery you may obtain. When Your Statement is Marked "PAST DUE:" Whenever your payment has not been received by the 20th of the following month your subsequent statement will be marked "PAST DUE." In order for our relationship to continue you must pay the amount of the statement in full plus pay an advance, refundable retainer as specified, which I will hold in the trust account and use to credit your account. At the end of the services any balance of the retainer will be returned to you.
*This law office does business as a corporation entitled J.R. HASTINGS LAW CORPORATION ("Corporation"). 080105
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Copyright © 2003
Law Office of J.R. Hastings
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