Grievance Contract

BENNETT LAW FIRM P.C. 
Attorney Retainer Agreement for Grievance Matter 
PERSONAL AND CONFIDENTIAL 
PROTECTED UNDER ATTORNEY-CLIENT PRIVILEGE 

The purpose of this agreement is to set forth our understanding and agreement (“Agreement”), pursuant to which our law firm, THE BENNETT LAW FIRM (“Firm”), has agreed to represent _____________ (“Client” or “you”) in the following referenced matter: ____________________ (“Matter”) We have, of course, discussed this Matter with you previously, but it is prudent that our understandings be documented to prevent any confusion or misunderstanding in the future. We have also recommended that you hire separate counsel to advise you concerning the terms of this Attorney Retainer engagement. 

I. EMPLOYMENT OF ATTORNEY 

The Client is in need of legal advice and counsel and hereby employs the Firm under the following conditions: 

A. 
The Firm will represent the Client in the above-referenced Matter by advising and counseling, by investigating the law and facts, by preparing for a just cause hearing and negotiating with the attorneys for the Office of Chief Disciplinary Counsel for the State Bar of Texas, by conducting mediation or arbitration if directed by the Client. 

B. 
The Client hereby authorizes Firm to act as his agent in all Matter affecting this case, including but not limited to, the following: 

(1) To appear before the Grievance Panel on the Client's behalf; to negotiate a proper 
      disposition of this case; 

(2) To waive the Client’s appearance at any proceedings in reference to this case; 

(3) To request that the hearing of this case be postponed and reset; and 

(4)  To assist the Client if the Grievance Panel returns a Just Cause Finding or 
       recommends a sanction. 

II. COMPUTATION OF FEES 

A. 
In consideration for the services rendered and to be rendered on the Client's behalf by the Firm, the Client hereby agrees to pay a reasonable fee.  The factors to be considered as guides in determining the reasonableness of a fee and agreed upon and understood by the Client are set out in the Texas Disciplinary Rules of Professional Conduct and approved by the Supreme Court of Texas, include the following:

(1) The time and labor required, the novelty and difficulty of the questions involved and the 
      skill requisite to perform the legal service promptly.

(2) The likelihood that the acceptance of the particular employment will preclude 
      other employment by the Firm.

(3) The fee customarily charged in the locality for similar legal services.

(4) The amount involved and the results obtained.

(5) The time limitations imposed by the Client or by the circumstances.

(6) The nature and length of the professional relationship with the Client.

(7) The experience, reputation and ability of the Firm in rendering services in grievance 
      and related matters.

B. 
The Firm presently uses the hourly fee schedule below as a factor in determining a reasonable fee:

RSB $300.00/Hour
Of Counsel $150.00-$200.00/Hour
Associates $85.00—$200.00/Hour
Law Clerk/JD $55.00—$75.00/Hour
Paralegal$50.00/Hour

The hourly fee schedule may be adjusted by the Firm.  The Client acknowledges the right of the Firm to adjust the hourly fees during the course of the above referenced matters.

C. 
The Firm reserves, in accordance with what the Firm, in its discretion, determines to be the reasonable hourly rate for each attorney, the right, upon thirty (30) days advance notice to the Client, to adjust these hourly rates.  Pursuant to the Firm’s standard billing procedure, the Client will be billed in no greater than 0.25 (1/4) hour increments for work and services performed.  The Firm’s attorneys work on numerous files during the course of a day, and, therefore, the time amounts charged to the Client’s file represents a good faith estimate of the time spent.

D. 
In addition to regular hourly fees, the Firm reserves the right to charge a premium in a given circumstance if, the time and labor required for a discrete task, or the results obtain, or the time limitations imposed by either the Client or by the circumstances or as a result of any other factor described in paragraph II.A. above, the charge of a premium is warranted in the judgment of the Firm.

E. 
The Client understands that the representation in the above referenced Matter may require the use of more than one attorney with the Firm. Accordingly, the Client authorizes the Firm to use its discretion in choosing the number of attorneys or paralegals that should perform any task involved in the above referenced matter

III. EXPENSES

A. 
The Client hereby authorizes Firm to incur expenses in the legal representation of the Client and the Client hereby agrees to pay in advance (if requested) the expenses incurred by the Firm on behalf of the Client as the expenses are incurred by Firm.

B. 
The Firm is authorized to incur those expenses it considers reasonable and necessary to accomplish a satisfactory resolution of the referenced matters and the Client shall pay those expenses as incurred.  Such costs may include, but are not limited to, court costs, service of process of summonses and subpoenas, filing fees, bond fees, private investigator fees, investigative expenses, fees for court reporters, transcripts, other deposition charges including the cost of videotaped depositions, exhibits, expert witness fees, scientific tests, photographs, laser disks, witness expenses, use of local counsel, postage, express mail costs, long distance telephone expenses, computer research expenses, document storage expenses and document rental space charges as necessary, CD ROM expenses, computer models, messenger services, delivery service, any seminar costs or CLE programs, books or articles, or other publications that in the opinion of the Firm or attorneys have application to the referenced matters, overtime secretarial services, travel (including room and board and associated travel expenses such as laundry and personal services while in a travel status), parking, photocopies at the rate of .25 per page, incoming facsimiles at the rate of  .25 per page, contractual paralegal services and legal clerical services, and Client information services such as the expenses associated with necessary  databases, other document database, and other information costs such as reference  documents, and all storage and rent costs and expenses associated with these documents and services, and specifically any contractual legal research needed for the defense of the case, and all other costs and contract expenses as the Firm deems necessary by the use of contractual attorneys or contract workers.  At the time the case is closed, an accounting will be made for all disbursements made in the case, including costs and Attorneys’ fees, if requested by the Client.

IV. INVOICES FOR SERVICES AND EXPENSES

A. 
The Firm bills on a monthly basis, or at otherwise appropriate intervals, and will provide the Client with a statement setting forth, in reasonable detail, all advances for the above mentioned expenses, and a reasonable description of services rendered by the Firm on the Client’s behalf.  The Firm requests payment upon receipt of the invoice.  Accounts become past due on the thirtieth day following the date they were billed, and will accrue interest thereafter on unpaid balances at the rate of eighteen percent (18%) per annum, or the highest rate allowed by law, whichever is less.

B. 
The usual practice of the Firm is to send to the Client for direct payment by the Client invoices received by the Firm from third parties such as court reporters, expert witnesses, and reproduction services.  The Client will be expected to pay such invoices promptly upon receipt.

C. 
If in the course of the Firm’s representation of the Client, the Firm anticipates a significant increase in the level of its activity on the Client’s behalf, e.g., the commencement of trial preparation or trial, the Firm may bill the Client on a basis more frequent than monthly.  The Firm will expect that such statements will also be paid promptly.  The Firm has requested a retainer of $5,000.00 for anticipated fees.  This amount shall remain in the Firm’s trust account and shall be used to insure the payment of fees.  In the event that the balance in your retainer is drawn down to a level of $2,000.00 or less as a result of our services, you agree to restore the balance of the retainer to $5,000.00 within ten (10) days of written notice thereof.  It should be noted that the current amount of this retainer is agreed upon only in connection with the investigatory hearing related to this Matter, and therefore if this Matter should go past the investigatory hearing stage, a substantially higher retainer would be necessary.       

D. 
During the course of the Firm’s discussion with the Client about handling the above referenced Matter, the Firm may have provided the Client with certain guidelines concerning the magnitude of the fees and expenses that will or may be required.  The Firm’s policy is to advise Clients that such guidelines are only guidelines, and that the costs and expenses required are ultimately a function of many conditions over which the Firm has little or no control, particularly to the extent to which the opposition files pretrial motions and engages in its own discovery.  The Firm will work with the Client to prepare a proposed budget, if requested. It is agreed that any proposed budget is speculative at best since all possible contingencies in the litigation can not be foreseen or budgeted.

E. 
The reason why the Firm submits the Clients’ bills on a monthly basis shortly after the services are rendered is so the Client will have a ready means of monitoring and controlling the costs and expenses the Client is incurring.  If you believe the costs and expenses are excessive, please contact the Firm immediately so the Firm can assist you in evaluating how costs might be curtailed in the future.  When the Firm does not hear from you, the Firm assumes that you approve of the overall level of activity on the Firm’s part in this case on your behalf.

V. WITHDRAWAL FROM EMPLOYMENT

A.  
The Firm may withdraw from the representation of the Client in the above referenced Matter at any time if:

(1) The Client renders it unreasonably difficult for the Firm to carry out its employment;

(2) The Client insists that the Firm engage in conduct that is contrary to the judgment or 
      advice of the Firm;

(3) The Client deliberately disregards an agreement or obligation to the Firm as to 
      expenses or fees, or for services rendered, including not paying bills upon presentation 
      or in advance, such as when a retainer is requested or required by the Firm;

(4) The Firm determines that a conflict of interest has arisen as a result of the 
      representation of the Client; or

(5) The Client refuses to indemnify the Firm prior to any actions that the Client has 
      requested the Firm to undertake and that the Firm believes and has advised the 
      Client might result in possible sanctions for alleged groundless or bad faith actions 
      or defenses.

B. 
In the event that the Firm’s financial arrangements are not met by the Client or in the event that any of the above events in subparagraph V.A. occur, the Firm may withdraw as counsel.  The Client specifically agrees to the Firm’s withdrawal if the Firm’s fees and expenses are not timely paid by the Client as set forth herein or any of the events in subparagraph V.A. above occur. By execution hereof, the Client authorizes the Firm to represent to any Court, should any litigation then be pending, the fact of and the Client’s acquiescence in the Firm’s withdrawal.  The Firm’s withdrawal in such circumstances would not relieve the Client from the legal obligation to pay the balance due the Firm’s fees and expenses incurred before the date of withdrawal.

C. 
The legal fees agreed upon herein are for representation of the Client in the above referenced matter and do not include Firm’s legal services in any other matter. In the event that representation is required in any other court or regarding any other matter, a new agreement must be made between the Firm and the Client.

VI. FAVORABLE OUTCOME NOT GUARANTEED

The Client understands that the Firm has not made to the Client any representations or statements concerning the outcome of the above referenced Matter, or the favorable outcome of any legal action that may be filed.  No representation has been made by the Firm to the Client regarding reimbursement to the Client of any of the fees, costs, and/or expenses incurred by the Client in the above referenced Matter.  The Client further expressly acknowledges that all statements of the Firm on this Matter are statements of opinions only; there have been no representations as to the outcome of any matter. The Client further understands that if the above referenced Matter is litigated and a judgment is rendered against the Client, the Client may be responsible for court costs and fees.

VII. LIEN AND SECURITY INTEREST

By the Client’s signature on this Agreement, (i) the Client hereby grants to the Firm a lien and security interest on all cash or other property received or recovered by the Client or the Firm under or related to any settlement or judgment to secure payment of the Client’s fees and expenses to the Firm, and (ii) the Client also understands that under Texas law, the Firm has a right to assert a lien against the Client’s files to secure payment of any unpaid amounts the Client owes to the Firm.

VIII. ARBITRATION

We do not anticipate that you will have any complaints about our services. It is possible, however, that disputes between us might arise.  In order to facilitate a quick and inexpensive resolution of any such disputes, you and we both agree that any disputes arising out of our representation, whether contractual or tortious in nature, will be resolved exclusively by submission to binding arbitration pursuant to the rules of the American Arbitration Association.

To further clarify our agreement on arbitration, arbitration would apply to any controversy, claim or dispute in the course and scope of the client-attorney relationship or arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate.  Our dispute shall be determined by arbitration in Houston, Texas before a solo arbitrator, in accordance with the laws of the State of Texas for agreements made in and to be performed in Texas.

“Disputes” shall include, without limitation, those involving fees, costs, billing, and breach of ethical or fiduciary duties.  The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and Supplementary Procedures for Large, Complex Disputes.  The arbitrator shall be a member of the AAA Law Practice Dispute Resolution Panel.

The arbitrator shall, in the Award, allocate all of the costs of the arbitration (and the mediation, if applicable), including the fees of the arbitrator and the reasonable attorneys fees of the prevailing party, against the party who did not prevail.  Judgment on the award may be entered in any court having jurisdiction.

Upon the request of any party, a mediation shall be conducted prior to the arbitration pursuant to the Commercial Mediation Rules of the AAA. The mediator shall be a member of the AAA Law Practice Dispute Resolution Panel or a person agreed upon by both parties to this Agreement. 

By the Client’s signature on this letter, the Client agrees that the arbitrator’s decision in any such arbitration shall be binding, conclusive and non-appealable.  Further, enclosed as Exhibit “A” is the mandatory State Board disclosure regarding complaints.

IX. “OF COUNSEL” ARRANGEMENTS

The Firm has entered into “Of Counsel” relationships with various attorneys who may from time to time, perform services for the Firm’s Clients. In such cases, the Client will be billed for services performed for the Client by such persons as if they were a partner or associates of the Firm as the Firm deems appropriate. This arrangement should be to the Client’s advantage and will not affect the amount the Client would otherwise have to pay if the same services were performed by a full time associate or partner of the Firm, as the case may be. 

X. MISCELLANEOUS PROVISIONS

A. 
The Client will advise the Firm in writing of any change of address and/or employment within ten (10) days of the making of such change.

B. 
In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, or unenforceability shall not affect any other provisions, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision does not exist.

C. 
The Client hereby acknowledges that the Client has carefully read this entire Agreement, and the Client fully understands and agrees to abide by all of the terms, conditions and obligations of this Agreement, and that the Client has received a true and correct copy of this Agreement. The Client also acknowledges the Client has had the opportunity to hire an attorney of Client’s own choosing to review this Agreement and explain it to the Client.

D. 
This Agreement constitutes the full and complete understanding and agreement of the parties hereto, supersedes all prior understandings and agreements, if any, and cannot be changed or terminated orally.  All changes or modifications must be in writing and signed by the parties hereto.

E. 
This Agreement shall be construed in accordance with the laws of the State of Texas and all obligations of the parties are performable in Harris County, Texas.  This Agreement shall be binding upon, and inure to the benefit of, the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns.

F. 
If Client should become seriously displeased or dissatisfied with any aspect whatsoever of the Firm’s legal representation or in the event the Client should have any serious question concerning the same, Client should notify the Firm in writing by certified mail, return receipt requested of that dissatisfaction or question.  This will ensure that the Firm has an opportunity to respond to the Client’s concerns. 

G. 
The Client’s file will be retained for two (2) years after the Firm’s representation has been completed and will then be discarded, except for information that may be used by the Firm in the future.  Client shall, however, promptly pick up material furnished to the Firm and the Firm shall have no responsibility of retaining Client’s information after the case has been closed for forty-five (45) days. 

H. 
Client further understands that this employment agreement extends through the just cause hearing of this cause.  The Firm will not have any duty to undertake an appeal, become involved in an evidentiary hearing or district court trial under this contract of employment unless and until there is an agreement between Firm and Client to undertake same.  If there is to be an appeal of this case and Firm and Client agree to appeal this case, the attorneys’ fees for the consummation handling that appeal will be negotiated at that time.

I.  
The Client authorizes the Firm to retain and utilize exhibits, documents, and materials developed in the referenced matter as teaching and demonstrative aids in lectures and professional presentations and publications, subject to provisions being made for the protection of the Client’s privacy and the confidentiality required for the referenced Matter. The same applies to any publicity concerns in this Matter.

XI. MULTIPLE CLIENTS

In the event that a conflict of interest arises between or among any Client (if the Firm now or at any time represents more than one Client in the above referenced Matter), the Client hereby agrees that the Firm may chose to withdraw as attorney of record for all or any of the Clients according to the discretion of the Firm.  The Client further agrees to waive any rights the Client might otherwise have to claim or assert that the conflict of interest requires the Firm to withdraw from the representation of any of the other Clients. 

UNDERSTOOD and AGREED TO this _____day of _______________, 2002.

By:   ____________________________
        Name

         ____________________________
         Address

        ____________________________
        Telephone Number

ACCEPTED BY:

THE BENNETT LAW FIRM, P.C.

515 Louisiana Avenue, Suite 200
Houston, Texas 77002
Tel: (713) 225-6000
 Fax: (713) 225-6001

EXHIBIT “A” 

Notice to Clients 

The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas Attorneys. 

Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of the General Counsel will provide you with information about how to file a complaint.

 For more information, please call (800) 932-1900. This is a toll-free phone call.