for the Client by the Attorneys (as well as any attorneys working under their direction). There shall be no minimum fee. The services shall be charged at the hourly rate of $ 150.00 .
3. Hourly time charges for legal services performed include but are not limited to: court appearances; office conferences; telephone conferences; legal research; depositions; review of file materials and documents sent or received; preparation for trials, hearings, and conferences; and drafting of pleadings and instruments, correspondence, and office memoranda.
4. The Client shall in addition pay for all out-of-pocket disbursements incurred in connection with this matter, including but not limited to: filing fees, witness fees, travel, sheriff’s and constable’s fees, expenses of depositions, toll calls and faxes, and investigative expenses. The Attorneys agree to obtain the Client’s prior approval before incurring any disbursement in excess of $ 150.00 .
5.The Client shall pay the initial retainer to the Attorneys no later than: April 1, 1999 . The Attorneys shall provide the Client with an itemized statement of services and out-of-pocket disbursements on July 1, 1999 , and every three months thereafter. In the event the time charges and/or out-of-pocket disbursements of the Attorneys exceed the initial retainer, the Attorneys shall submit additional itemized billings on the first business day of the month, payable by the Client within 30 days of the billing date.
6. Accounts not paid by their due date shall be subject to interest at the rate of 1.5% per month until paid. Failure to pay billings promptly will permit the Attorneys after notice to the Client to terminate the Attorneys’ representation of the Client, and the Attorneys shall be entitled to file a notice of withdrawal in any pending judicial action.
7. If the total cost of the legal services performed by the Attorneys shall be less than the amount of the initial retainer paid by the Client, the balance shall be refunded to the Client.
8. The Court may award counsel fees to one party and order the other party to pay the amount awarded. Alternatively, the parties, to avoid a contested trial, may agree by settlement contract to provide that one of the parties will contribute an agreed amount toward the other party’s legal expenses.
a. No representation is made in this Agreement that any contribution by the other party will be obtained toward the Client’s legal expenses.
b. In the event a contribution is obtained from the other party for the benefit of the Client, the amount in question shall be credited against the Attorneys’ final bill to the client.
9. This Agreement represents the full and complete agreement between the Attorneys and the Client as to the terms of the Attorneys’ representation of the Client in the matter described. There are no exceptions.
THIS IS A LEGALLY BINDING CONTRACT. IF THE CLIENT DOES NOT UNDERSTAND THE TERMS AND CONDITIONS OF THE CONTRACT, THE CLIENT IS URGED TO SEEK INDEPENDENT COUNSEL.
We, the Client and the Attorneys, have read the above Fee Agreement and understand and accept its terms. Both have signed it as their free act and deed, and the Client acknowledges receipt of a copy of the Agreement.
Signed this 17th day of March, 1999 .
Traynor, Hand, Wyzanski
By:
Client Maria M. Durkheim
Attorney Anne Sophie Diehl
1 TRAYNOR, HAND, WYZANSKI
2 222 CHURCH STREET
3 NEW SALEM, NARRAGANSETT 06555
4 (393) 876-5678
5
6
7
8 Intake Interview
9
10 Interview Subject: Maria Meiklejohn Durkheim
11 Interviewer: Anne Sophie Diehl
12 Date: March 17, 1999
13 RE: Legal Separation and Divorce
14
15 Transcription by: Hannah Smith
16 Date: March 18, 1999
17-32
33 Q.Good morning. I’m Sophie Diehl. David Greaves, your
34 father’s lawyer, asked me to meet with you this morning. I am
35 an associate with the