Client Information: Guidelines on Firm
AdministraTION & Billing

As with any type of legal representation, our Firm can provide no guaranties regarding the outcome of any matter. We do commit, however, to use reasonable care and put forth a diligent effort on your behalf. We also commit to keep you well informed as to the status of your representation and to provide you with available alternative courses of action.

Our Firm provides open communication regarding the status of your legal affairs. Access to persons knowledgeable about your legal affairs will always be available. Your phone calls will be returned promptly. Every attempt will be made to respond to emergency situations. Throughout our engagement, copies of all significant documentation relating to your legal affairs will be provided to you on a timely basis. The Firm's files of your matters will be available for your inspection.

You have agreed which attorney -- whether Stewart Feldman or another attorney in the Firm -- has primary responsibility for the supervision of your legal affairs, and recognize that other attorneys in the Firm will provide services to you from time-to-time. Should you have any problem communicating with anyone, or should you have any concerns regarding attention to your legal affairs, please contact Mr. Feldman or the supervising attorney immediately.

For any additional work beyond that described in a fixed fee engagement letter which you asked us to undertake, you will receive a monthly statement for such attorney's fees and expenses incurred in your representation. Each invoice will be itemized setting forth specific work performed and expenses incurred. The Firm bases its billing on hourly rates for its attorneys (customary hourly rates range from $165 - $350) and paralegal staff, being $55 - $95 per hour. Although hourly rates are the basis for our Firm's billings, we review each bill and the actual amount billed may be greater or less than the figure derived from the hourly rates based upon the reasonable value of our services, including the novelty and complexity of the issues involved, the skill required to provide proper legal representation, the magnitude of the matter, the results achieved, the time frame required for handling the matter and any other circumstances which have a material and direct impact on the reasonable value of the legal services performed. From time-to-time, the Firm's billing rates are modified to reflect a particular expertise and the changing cost of providing legal services. The Firm will provide you, at any time, a current list of hourly rates upon your request. Note that all retainers are deemed earned when paid.

Expenses advanced by the Firm will be billed with the monthly invoice for matters such as photocopy charges, fax charges, delivery fees, filing fees, certified mail charges, travel expenses, court costs, deposition costs, secretarial overtime (when necessary to comply with your time requirements) and other expenses necessarily incurred to provide your legal representation. By our undertaking your representation, you authorize us to retain and direct such other persons and companies to render services on your behalf as may be necessary and you further agree to reimburse us at the time of our invoice for any expenses thereby incurred. Of course, we will confer with you before incurring material expenses on your behalf.

All invoices for attorneys' fees and expenses are due upon receipt. If an invoice is not paid within twenty (20) days from the invoice date, the amount due shall accrue interest at the rate of 18% per annum from the invoice date until paid (unless that rate exceeds the maximum legal rate, in which case the maximum legal rate of interest shall be charged). Should the Firm be required to take formal action to recover any amounts owed it under your engagement letter agreement or any invoice, you agree that the Firm will be entitled to recover reasonable attorneys' fees and costs of court. Although we may provide legal services to your trusts, corporations partnerships, and/or other entities, the basis of our Firms's representation is that we look to the owners of our clients to personally insure payment of all legal fees for work undertaken and each of the owners of our clients agree to assume personal liability for these sums.

You understand and acknowledge that although we will endeavor to provide you with recommenda­tions and alternatives based on our best legal judgment, there can be no guarantee of successful consummation of any transaction, that each decision must be your own, and that the ultimate responsibility of each decision must necessarily be yours. Accordingly, you may incur substantial legal fees and other expenses in connection with matters we will handle on your behalf, even though you may not achieve your desired result.

You may terminate our legal representation at any time upon written request. The Firm may withdraw from your legal representation should: (i) it believe such continuation is prohibited by the Code of Professional Responsibility; (ii) you fail to comply with our agreements as reflected in your engagement letter or any subsequent agreements or commitments to the Firm; or (iii) the Firm believes, for any reason, the attorney/client relationship is compromised or has been detrimentally affected. In the event the Firm withdraws, you agree to promptly retain other legal counsel. Upon termination or withdrawal, you agree immediately to pay all accrued and outstanding attorneys' fees and expenses, plus subsequent fees incurred by the Firm to facilitate the transfer of representa­tion to any subsequent law Firm and/or for the Firm to withdraw from any litigation.

POTENTIAL CONFLICTS. When we are asked to provide legal services for more than one person (e.g., multiple owners of a business or a husband and a wife in an estate planning assignment), conflicts may arise. If we are to act as attorneys for multiple persons, we must balance the interests of all persons involved. Therefore, we cannot be an advocate for any one person against another in the case of multiple representation. The process could favor one to the detriment of the other. By way of further example, a substantial conflict could arise in the determination of what constitutes community property versus separate property. That determination may be more beneficial for one spouse than the other. Further, while divorce may not be contemplated, it is important to realize that estate planning, and especially estate planning that incorporates declarations of gift, could have consequences that either spouse may find adverse in the event of divorce. Consequently, our recommendations could affect the income, property, and support provisions in any divorce or after the death of one of the spouses. For these and other reasons, each person or entity is welcome to have separate counsel for any or all of the matters.

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Should any dispute arise out of or in conjunction with the attorneys’ fees and/or costs and/or expenses of the legal work performed for you or your affiliates by The Feldman Law Firm LLP (previously known as The Law Offices of Stewart A. Feldman & Associates, L.L.P. or Feldman Hanszen LLP) or its agents or principals, we agree to submit any and all such fee disputes that cannot be settled by good faith negotiation between the parties exclusively to the Houston Bar Association's Fee Dispute Committee for binding and nonappealable resolution.

With respect to any and all other disputes or claims whatsoever between us related to or arising out of our services (but in no event for attorneys’ fees and/or costs), we agree that either of us may submit the same to a nationally recognized, neutral, arbitration association for resolution pursuant to its single arbitrator, expedited rules. While we hope that any dispute will be amiably resolved directly between us, the State Bar of Texas investigates and prosecutes professional misconduct of Texas attorneys. Should you have any questions, the Office of the General Counsel of the State Bar will provide you with information regarding the Bar's procedures. If the first arbitration organization which receives a written demand for arbitration of the dispute from either of us does not complete the arbitration to finality within four months of the written demand, either party then may file a written demand for arbitration of the dispute with another nationally recognized, neutral, arbitration association, with the prior arbitration association then being immediately divested of jurisdiction, subject to a decision being rendered by the replacement arbitration association within four months of the written demand being filed with the replacement arbitration group. The arbitration decision shall be final and binding in all respects and shall be non-appealable. Any person may have a court of competent jurisdiction enter into its record the findings of such arbitrators for all purposes, including for the enforcement of the award.

We look forward to working with you.

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THE FELDMAN LAw Firm LLP
The Galleria Post Oak Tower
5051 Westheimer, Suite 1850
Houston, TX 77056-5604
713/850-0700 Fax: 713/850-8530
info@feldlaw.com