ENGAGEMENT
TERMS AND CONDITIONS
The following terms and conditions generally
apply to all our engagements, however, unique client needs calling for a departure from these terms will be spelled out in
the engagement letter.
Addendum
to Agreement Letter
1. Professional
Human Relationship: Our goal is to provide quality legal services recognizing that legal issues should not
overwhelm the human aspect of our relationship. We use our personal and professional
judgment to assign work on your behalf to those attorneys and other personnel that are most appropriate to ensure diligence,
timeliness and affordability.
2. Fees: Generally our fees for services fall into one of three categories; fixed rate, hourly
rate or contingent.
Fixed Rate Fees: In those instances where the scope of work is well defined and predictable, a fixed fee can be determined. Such type of work includes simple wills and certain small business formations.
Hourly
Rate Fees: In cases where the work is not well defined or there are variables affecting the amount of work, services
may be calculated based upon the applicable hourly rates for the attorneys and legal assistants who perform the work. Hourly rates are based on experience, training and level of professional attainment. Currently, hourly rates for attorneys range from $145 to $385 and for legal assistants
from $75 to $120. Rates are evaluated semi-annually with changes effective January
1 and July 1 of each year.
Contingent Fees: In cases where an end result
is not well defined or unpredictable, services may be billed on a contingent basis.
Although we utilize our best efforts, particular results
on any given matter cannot be guaranteed. During our representation, any questions
or concerns that you might have with regard to our services should be directed to us at once.
Under appropriate circumstances, fees take into account additional
factors, such as work complexity, forgone opportunities and results.
A fee and payment schedule will be set forth
in our Agreement Letter, but all other terms of this Engagement Terms and Conditions apply.
3. Expenses:
During the course of representation it may be necessary to incur expenses for items such as filing fees, transcripts, legal
research, notary service, delivery charges, postage, photocopying, facsimile transmissions, telephone calls, or travel. Actual expenses incurred vary with the services provided.
In general, expenses paid entirely to third parties
will be billed to you at "out-of-pocket" cost.
Expenses incurred on your behalf will be itemized separately
on our statements. In some instances, third-party expenses may be forwarded directly
to you for payment. Expenses may not be current at the time of final billing. In
such cases, outstanding expenses, if any, will be billed at a later date.
4. Billing
Statements: Generally, statements are issued on a monthly basis. Every statement is reviewed by the responsible
attorney and then processed by our accounting department. Statements are payable
upon presentation. Checks shall be made payable to Attorney Bruce T. Leonard
& Associates, LLC.
5. Late
Payment: Statements
not paid in full on or before the Due Date set forth on the statements, are assessed a monthly service charge equal to 1%
of all fees and disbursements which are past due. This charge is billed at the
end of each month. The service charge will never be greater than that permitted
by any applicable law.
We have a lien on all files in our possession and their
continence until payment in full of all amounts due is received. Also, in litigation
matters in which a money judgment is rendered in your favor, we have a lien on all proceeds to the extent of any unpaid fees
or expenses.
We reserve the right to decline to provide continuing
services if timely payment is not made without making mutually acceptable arrangements for delayed payments. Failure to pay
shall constitute express consent to our withdrawal of us as your counsel.
6. Retainer: Frequently, payment of a retainer is required before we render services. Our Agreement Letter to you will specify the amount of any such retainer required.
Any retainer
is held in escrow in a trust account on your behalf separate from firm funds until the retainer is earned for services rendered
or expended for designated disbursements. We reserve the right either to pay any such disbursements directly from the escrow/trust
account or to transfer from such escrow/trust account to our firm account the amount of such disbursements at any time after
the expense is incurred. We also reserve the right to apply any such retainer
to our legal fees when services are rendered.
Unless otherwise agreed, any retainer will be held as security for the
payment of any expenses and/or legal fees when due. You grant to us a lien on
and security interest in such retainer, together with all replacements and proceeds thereof.
If it becomes necessary for us to access the retainer, we will apply the retainer first to the payment of expenses
advanced by us on your account and then to legal fees. In the event of any such
application, a billing statement will be generated and provided to you. At that
time, you may be requested either to replenish or to increase the retainer account. At the conclusion of our legal representation,
the retainer, or the unapplied portion thereof, will be returned to you as you instruct.
7. Termination
of Representation: Either
party may terminate this relationship at any time for any reason by giving written notice to the other party. Representation
will terminate immediately upon the giving of notice by either party, unless you are involved in a court proceeding at the
time of termination and an attorney of our firm is the attorney of record. Representation
will then continue until we are sure that an immediate withdrawal as your attorney will not jeopardize your interests in the
proceeding. Upon termination by either party for any reason; you agree to pay
all fees through the date of termination; you agree to pay expenses incurred through the date of termination; and you are
entitled to the file maintained on your matters if you request it with our entitlement to photocopy the file contents at your
expense prior to delivery of the file to you.
8. Special
Arrangements: Special arrangements, if any, that govern the basis on which we provide and bill services to
you and that vary from or expand upon the general arrangements set forth in this Engagement Terms and Conditions are described
in the Agreement Letter to you.
9. Other
Matters: Unless otherwise agreed, the terms and conditions of this Engagement Terms and Conditions will apply to all matters
for which you engage us as counsel.
10. Expiration
of Agreement Letter Offer: The engagement offer implicit in the Agreement Letter to which these Engagement Terms
and Conditions are attached is hereby withdrawn unless the Agreement Letter is executed by the client, received by our office,
and the indicated retainer is paid within thirty calendar days from the date of the Agreement Letter.
11. Legal
Lighthouse Enterprise: Our firm is a Legal Lighthouse Enterprise. As
a Legal Lighthouse Enterprise we practice independently and are not in a relationship for the joint practice of law.
You can reach us at:
Attorney
Bruce T. Leonard & Associates, LLC
Cumming Campus:
Alpharetta Campus:
5830 Bond Street
200 Milton Park Building
Suite
300
11175 Cicero Avenue Suite 100
Cumming, Georgia 30040
Alpharetta, Georgia 30022
Phone: (678) 215-5556
Fax: (678)
679-2431
btl@attybtl.com
