The first step toward your estate plan is to read this
Retainer Agreement completely. If you agree with its terms and conditions,
please:
1. Print this form out using the print
command on your browser, sign the form and mail to
Philip J. Hoskins
10940 Wilshire Blvd. Suite 1400
Los Angeles, CA 90024
2. Click on the "Agree" link
at the bottom of this page.
Retainer Agreement
Estate Package for Couple
This ATTORNEY-FEE AGREEMENT ("Agreement") is entered into by and
between___________________ and _____________________ ("Client") and Philip J.
Hoskins ("Attorney").
- CONDITIONS. Attorney will have no obligation to provide legal services until Client
returns a signed copy of this Agreement and pays the fee payment called for under
paragraph 4. Client states that they are residents of California.
-
SCOPE
AND DUTIES. Client hires
Attorney to provide legal services in connection with preparation of Estate
Planning Documents Set Attorney shall provide for each person:
·
Revocable trust and/or Last Will,
·
Health Care Directive,
·
General
Durable Power of Attorney,
·
General
Personal property transfer,
·
Needed consultations, including unlimited
email or telephone access,
·
Draft of all requested Estate Planning
documents,
·
One set of Final Document originals and one
copy.
Attorney will prepare documents entirely based upon the
statements of Client and will make no independent investigation of the facts
or circumstances of Client's situation.
-
Client shall read the Client Workbook provided by
Attorney, complete the Estate Planning Questionnaire, be truthful with
Attorney, cooperate with Attorney, keep Attorney informed of developments,
abide by this Agreement, pay Attorney's fees in advance and keep Attorney
advised of Client's address, telephone number and whereabouts.
-
Attorney will not provide any estate tax planning for
clients except at the request of client. Any such services will be billed at
the hourly rate set forth herein.
-
FEES.
Client agrees to pay in advance the sum of
$950.00 or $875.00
online only for the services provided herein.
-
Client agrees to pay for any additional, requested
legal services not described above at the rates shown on the attached Rate
Schedule. Additional fees will
be payable for the following if requested by Client:
- Notary services, per document
$10.00
- Asset transfer services to be
provided by Attorney for a flat fee of $150.00.
Includes transfer of accounts and deeds for real property and
Certificate of Trust.
- Use of documents other than Attorney's standard
forms, including substantial custom drafting work by Attorney at
Client’s request.
- Consultations in addition to those described
above,
Any other work by attorney or his staff not described in paragraph 2 above
- COSTS AND EXPENSES. In addition to paying legal fees, Client shall reimburse Attorney
for all costs and expenses reasonably incurred by Attorney, including, but not limited to,
fees charged by any governmental unit, long distance telephone calls, messenger and other
delivery fees, postage, in-office photocopying in excess of two copies of each document
called for hereunder, parking, mileage, facsimile transmission fees, computer assisted
research charges and other similar items.
- DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time, although
a minimum fee of $350 is non-refundable. Attorney may withdraw
with Client's consent or for good cause. Good cause includes:
- Client's breach of this Agreement,
- Client's refusal to cooperate with Attorney or to follow Attorney's advice on a material
matter or any fact or circumstance that would render Attorney's continuing representation
unlawful or unethical.
- If Attorney withdraws, he shall refund to Client within 10 days any fees not earned,
based upon work actually completed and the hourly rate quoted herein.
- CONCLUSION OF SERVICES. When Attorney's services conclude, all unpaid charges shall
become immediately due and payable. After Attorney's services conclude, Attorney will,
upon Client's request, deliver Client's file to Client, along with any Client funds or
property in Attorney's possession.
RELEASE OF CLIENT'S PAPERS: At the termination of services under this
Agreement, Attorney will release promptly to Client upon request, all of Client's papers
and property, including correspondence, legal documents and other items reasonably
necessary to Client's representation. Attorney is free to dispose of any such items if not
requested by Client after a period of one year of the termination of services.
- DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Attorney's statements
to Client will be construed as a promise or guarantee about the outcome of Client's
matter. Attorney makes no such promises or guarantees. Attorneys comments about the
outcome of Client's matter are expressions of opinion only.
- EFFECTIVE DATE. This Agreement will take effect when Client has performed the conditions
stated in paragraph 1, but its effective date will be retroactive to the date Attorney
first provided services. The date at the beginning of this Agreement is for reference
only. Even if this Agreement does not take effect, Client will be obligated to pay
Attorney the reasonable value of any services Attorney may have performed for Client.
- QUALITY OF SERVICES AND INSURANCE. Attorney will competently represent the interests of
Client as set forth in this Agreement.
-
1.
CONFLICT OF INTEREST. Any
communications and information may be fully disclosed by Attorney to both
clients, unless a client informs Attorney of his or her desire that a
particular communication or item of information be considered confidential
and be withheld from the other client.
Clients are informed that California state law requires that an
attorney not disclose confidential Communications or secrets of a client.
Each client hereby expressly consents to such disclosure to the other
client except for communications or items of information about which he or
she informs Attorney that confidentiality from the other client must be
maintained. Nothing in this
provision is intended to authorize, under any circumstances, Attorney's
disclosure of confidential communications or secrets of either client to any
individual or entity other than the other client.
If a client informs Attorney that confidentiality from the other
client must be maintained with respect to a particular communication or item
of information, Attorney will advise the other client that such a request
has been made, without divulging its subject matter, and will withdraw from
representing both clients, provided the withdrawal is permitted under the
Rules of Professional Conduct of the State Bar of California.
Clients are informed that the Rules of Professional Conduct of the State Bar
of California require, before an attorney may concurrently represent two or
more clients interested in the same subject matter, that the attorney inform
the clients in writing of the relevant circumstances and of the actual and
reasonably foreseeable adverse consequences to the clients.
Clients are further informed that the Rules require that when the
clients, interests potentially conflict, the attorney may not represent them
without their informed written consent.
Attorney has explained to Clients the possibility of conflict that is
raised by such multiple representation.
Specifically, potential conflicts in this case include, but are not
limited to, the following: (a) as indicated above, whether a communication
or item of information should be withheld from one client at the request of
the other; (b) how property should be held (e.g., in one name, in both names
as community property, in both names as joint tenancy property); and (c) how
property should be disposed of and what persons should serve in fiduciary
capacities (e.g., executor, trustee, guardian).
Clients may have different interests, goals, or perspectives
regarding these or other matters.
Each client hereby expressly consents to the multiple representation despite
the possibility of conflict. Attorney
may withdraw from representing both clients if there is an actual conflict
between the interests of the clients, provided the withdrawal is permitted
under the Rules of Professional Conduct of the State Bar of California.
E-Mail - E-mail is a convenient, fast method of
communication. It is, however, not secure and communications between attorney and client
could be seen by others. Nevertheless, Client may wish to utilize this method of
communication. If you send anything to us by e-mail, you acknowledge that the same is not
secure and you hereby agree that you take any and all risk of inadvertent disclosure.
Our Rates for Other Services not included in the above package:
A. Hourly Rates
Philip J. Hoskins $ 300.00
B. Minimums
We charge for our time in minimum units of ten minutes.
C. Costs
In-office photocopying .15 per page
Mileage .30 per mile
Facsimile transmission .85 per page
D. What will you be charged for?
Subject to the terms of this agreement, as is customary for attorneys, the client shall
be billed for all consultations with the client or other persons in connection with the
matters covered by this agreement, all telephone conversations, correspondence, research,
drafting of documents and other time spent by the attorney on these matters.
Sorry, I do not agree to these terms.
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