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KRF Attorney-Client Agreement
TERMS AND CONDITIONS
This KRF Attorney-Client Agreement ("Agreement") is an attorney-client fee agreement
between Keith Richard Frederick ("KRF"), a member of the California
State Bar (#250552), and you ("You"). KRF and You hereby agree that
KRF will provide legal services to You on the terms set forth below.
1. This Agreement will not take effect, and thus KRF shall
not provide legal services to You, until 1) KRF
verifies that there would be no conflict of interest by taking You
as a client; 2) KRF receives the initial payment called for under
Section 4 and, if necessary, the retainer called for under Section
7; 3) KRF determines that he can provide competent counsel to You; and 4) KRF
receives notification that You have agreed to this Agreement.
2. SCOPE AND DUTIES. You are hiring KRF to provide legal
services. Subject to Your ongoing timely payments, as called for
under Sections 4, 5, 7, 8, 9 and 10, KRF will provide those legal
services necessary to address Your legal matters that are within the
competency of KRF.
Subject to Your ongoing timely payments called for under Sections 4, 5, 8 and 9, KRF
will provide You with legal services that do not require his presence and
can be delivered from his office and/or home ("Virtual Legal Services").
Subject to the payment called for under Section 7, and subsequent timely ongoing payments called for under
Sections 8, 9 and 10, KRF will provide legal services that are outside the scope of
Virtual Legal Services such as meetings with You, representation in court and representation at
meetings and hearings.
You understand that unless the payment called for under Section 7 is made that
1) KRF will not meet with You; 2) KRF will not provide representation in court for You;
and 3) KRF will not attend any court hearings or any other hearing or meeting. All activities, including
but not limited to the aforementioned three, that are outside the scope
of "Virtual Legal Services" shall be called "Non-Virtual Legal Services."
3. YOUR DUTIES. You agree to be truthful with KRF, to cooperate
with KRF, to keep KRF informed
of any information or developments which may come to Your attention, to abide by this
Agreement, to pay bills from KRF on time, and to keep KRF advised of Your address, telephone
number and whereabouts.
4. INITIAL PAYMENT. You will pay KRF an initial payment of
one hundred and twenty dollars ($120). This payment is
non-refundable and due upon execution of this Agreement.
5. ONGOING PAYMENTS. You will pay KRF one hundred
and twenty dollars ($120) one month after the date of the initial
payment called for in Section 4, and You will henceforth pay KRF one hundred and twenty dollars ($120) every
subsequent month. These payments
shall be non-refundable. This ongoing payment rate is subject to change on
ninety (90) days written notice to You.
6. WITHDRAWAL AND DISCHARGE.
If You decline to pay KRF then KRF will have the right to withdraw as Your attorney.
KRF also may withdraw from representing You at any time as permitted under the Rules of
Professional Conduct of the State Bar of California.
You may discharge KRF at any time. KRF may withdraw with Your consent or for good cause.
Good cause includes Your breach of this Agreement, refusal to cooperate or
to follow KRF's advice on a material matter or any fact or circumstance that
would render KRF's continuing representation unlawful or unethical.
When KRF's services conclude, all unpaid charges will immediately become
due and payable. After services conclude, KRF will, upon Your request,
deliver Your file, and any of Your property in KRF's possession.
7. EXTRA SCOPE RETAINER. In order to receive legal services
outside the scope of Virtual Legal Services (i.e. Non-Virtual Legal
Services), you must pay KRF an initial deposit of one thousand two hundred dollars ($1,200) (the "Retainer").
You will pay KRF at the hourly rate specified in Section 10
for KRF's provision of Non-Virtual Legal Services. KRF will not provide
Non-Virtual Legal Services until the Retainer is paid to KRF. You
understand that KRF will not provide representation in court or at
court-related and/or non-court-related meetings or hearings unless the
Retainer is paid. Therefore, You agree and understand that unless the Retainer is paid, KRF will only provide Virtual Legal
Services (i.e. those legal services that can be provided from his office and/or home but not including meetings with
You or any third-party).
8. RECOVERY FEE.
KRF shall be compensated if a recovery is obtained for You. The fee paid to KRF will
be a percentage of the "net recovery." The term "net recovery" means: (1) the total of all amounts received by
settlement, arbitration award or judgment including any award of attorney fees, (2) minus all costs and
disbursements set forth in Sections 9 and 10. [Net recovery will also include the reasonable value of
any non-monetary proceeds.] KRF's fee will be sixteen percent (16%) of the net recovery. The fee will
not differ based on the timing of resolution.
The sixteen percent rate set forth above is not set by law, but represents a rate agreed upon by You and KRF.
In the event of KRF’s discharge or withdrawal, You agree that,
upon payment of any settlement, arbitration award or judgment in Your favor in
which KRF provided any representation, KRF
will be entitled to be paid by You a reasonable fee for the legal services provided.
9. COSTS AND EXPENSES.
(a) KRF will incur various costs and expenses in performing legal services under this
Agreement. You agree to pay for all costs,
disbursements and expenses. Your payment of costs may be subject to a
monthly six dollar ($6) exemption that would only apply to telephone,
facsimile and other communication charges, postage charges and/or
photocopying expenses.
The costs and expenses commonly include service of process charges, filing fees, court and
deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone
charges, messenger and other delivery fees, postage, photocopying and other reproduction costs,
investigation expenses, consultants' fees, expert witness,
professional, mediator, arbitrator and/or special master fees and other
similar items. All costs and expenses will be charged at KRF's cost, and
therefore there shall be no padding of costs. KRF will require
that You pay for known or fixed costs, such as filing fees, before they are incurred
by KRF.
(b) Experts, Consultants and Investigators. To aid in providing You legal services,
it may become necessary to hire, subject to Your approval, expert witnesses, consultants or investigators.
You agree to pay such fees and charges.
(c)
Additionally, You understand that if a legal matter proceeds to court action or arbitration, You may be required
to pay fees and/or costs to other parties in the action. Any such payment will be entirely
Your responsibility.
10. STANDARD FEE/HOURLY BILLING.
If You request legal services that are not within the scope of Virtual Legal Services
(i.e. Non-Virtual Legal Services), such as, but not limited
to, meetings with KRF, attendance by KRF at hearings or meetings, or any activity that requires KRF to
leave his office or meet in person, You agree to pay KRF by the hour
according to the following rates:
KRF : $240.00/hour
Paralegal : $60.00/hour
The rates on this schedule are subject to change on sixty (60) days written notice to
You.
Time is charged in minimum units of one tenth (.1) of an hour.
KRF will send You periodic statements for fees and costs incurred.
Each statement will be payable within twenty (20) days of its mailing date.
You may request a statement at intervals of no less than thirty (30) days.
11. DISCLAIMER.
Nothing in this Agreement and nothing in KRF's
statements to You will be construed as a promise or guarantee about the outcome of any matter.
KRF makes no such promises or guarantees. KRF's comments about the outcome of any matter
are expressions of opinion only. Any estimate of fees or costs given by KRF
will not be a guarantee.
Actual fees and costs may vary from estimates given.
12. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement,
statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
13. DISCLOSURE.
An attorney in the State of California is not required to have professional liability insurance.
KRF does not have professional liability insurance.
14. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or
in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement
will be severable and remain in effect.
15. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of
the parties only by an instrument in writing signed by both of them, or an oral agreement only to
the extent that the parties carry it out.
16. EFFECTIVE DATE. This Agreement will govern all legal services performed by KRF on Your behalf
commencing with the date KRF first performed services. Any date marked on
this Agreement is for reference only.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. YOU AGREE TO BE LIABLE FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
YOU WILL RECEIVE A DUPLICATE OF THIS AGREEMENT.
DATE: ______________________
YOUR FULL NAME: ________________________________________________
YOUR SIGNATURE: _________________________________________________
YOUR ADDRESS:___________________________________________________
_______________________________________________________________
DATE:_________________________
Keith Richard Frederick, Attorney at Law
______________________________________________________
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