LAW OFFICE OF J.R. HASTINGS

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A WORD

Finance  Insurance Clients

A Word About Your Financial Relationship with

the Law Offices of J.R. Hastings* . . . .

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 $250.00 per hour for me, the Attorney at Law, $125.00 per hour for a legal assistant, when used, and $75.00 an hour for uncomplicated legal assistant tasks or specific secretarial services.

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, or add an irrevocable life insurance trust ("ILIT") to your estate plan, both of which are 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. Services for an ILIT 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 elect a Living Trust estate plan, which is normally a fixed fee arrangement, I will provide my usual services: the initial conference, preparation of one draft of the estate plan, preparation of all deeds, assignments and letters changing title and beneficiary designations (this is called "funding" the trust), the conference at which you sign the documents and a conference to review the funding of your estate plan. Additional drafts and conferences will be billed at my usual hourly rate.

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.

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 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 seven (7) days 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 15th 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 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 after the delay.

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.

If you are a Trustee in a trust administration the fee will be an hourly rate charged against a non-refundable retainer. Please pay the retainer as soon as you have access to trust 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 15th of the following month.

Some fee arrangements are commenced with the payment of a refundable or nonrefundable 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, please pay an amount to replenish the retainer to $2500.00.

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 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 of $2500.00, which I will hold and use to credit your account.

 

*This law office does business as a corporation entitled J.R. HASTINGS LAW CORPORATION ("Corporation").

2/7/03

 

Copyright © 2003 Law Office of J.R. Hastings
Last modified: 01/25/04

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