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.
* * *
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
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