NJSBA Family Law Section

Below are mine.  I collected the retainers from attorneys I like when I was a law clerk and created mine from them. I've updated them several times over the years and, hopefully, they're compliant -- let me know if anyone sees a problem!  I've been considering adding a provision requiring the client to keep a credit card on file and agreeing to billing to it each month.  If anyone has language to the effect, please share.

The Law Office of
David Perry Davis
COUNSELLOR AT LAW
112 West Franklin Ave
Pennington NJ 08534
(609) 737-2222
Fax: (609) 737-3222
E-mail: [email protected]
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February 16, 2015


Dear Becky:

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) The preparation and filing of a complaint for divorce and any motions (requests to the court for an order) that we agree are necessary, with all required supporting documentation, and/or responding to any complaints or motions filed by your spouse;

        B) Initiating (if we agree it is necessary) and responding to requests for discovery such as interrogatories (written questions), notices to produce (written requests for documents), and depositions (sworn testimony taken at an attorney's office with a court reporter);

        C) Attempting to settle your case on terms we agree are fair;

        D) Preparing for and conducting a hearing on the issues in your case should we be unable to resolve the matter by settlement;

2.  This agreement does not include representation for:

        A) Disorderly persons or criminal offenses brought by your spouse or any other person against you, or the private prosecution of any complaints filed by you;

        B) Defending you from actions brought by creditors against you or you and your spouse;

        C) Transferring of real estate, either by purchase or sale;

        D) Appeals of trial court orders, decisions, or judgments to the Appellate Division.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                          - $325.00 per hour
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay at this time the sum of $______.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer to $_______.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,



David Perry Davis, Esq.

Consented to and approved:


____________________________

The Law Office of
David Perry Davis
COUNSELLOR AT LAW
112 West Franklin Ave
Pennington NJ 08534-9541
(609) 737-2222
Fax: (609) 737-3222
E-mail: [email protected]
------------------------------------------------------------------------------

February 18, 2015

Dear

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) The preparation and filing of any motions (requests to the court for an Order) that we agree are necessary, with all required supporting documentation, and/or responding to any motions filed by your spouse;

        B) Initiating (if we agree it is necessary) and responding to requests for discovery such as interrogatories (written questions), notices to produce (written requests for documents), and depositions (sworn testimony taken at an attorney's office with a court reporter);

        C) Attempting to settle your case on terms we agree are fair;

        D) Preparing for and conducting a hearing on the issues in your case should we be unable to resolve the matter by settlement;

2.  This agreement does not include representation for:

        A) Disorderly persons or criminal offenses brought by your spouse or any other person against you, or the private prosecution of any complaints filed by you;

        B) Defending you from actions brought by creditors against you or you and your spouse;

        C) Transferring of real estate, either by purchase or sale;

        D) Appeals of trial court orders, decisions, or judgments to the Appellate Division.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                          - $325.00 per hour
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the sum of $_______.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer unless we make arrangements to the contrary.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,


David Perry Davis, Esq.

Consented to and approved:


____________________________

February 24, 2015

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you in an uncontested divorce.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you for an uncontested divorce or annulment matter.  This limited representation consists of the filing of a Complaint for Divorce or Annulment and Certification of Verification and Non-Collusion, filing a Request to Enter Default and Affidavit of Non-Military Service (if your spouse does not answer the complaint within 35 days), drafting the documents required to have the Judgment entered without a physical appearance, and a judgement of divorce or annulment.  We agree that, in essence, you are retaining me to dissolve your marriage and obtain a judgment of divorce (or annulment); I am not undertaking discovery and we have not discussed the particulars of your case and your potential rights and responsibilities under the law.  You enter into this agreement aware that in proceeding in this manner you may be doing irreparable damage to your ability to later raise any issues relating to your marriage.

2.  This agreement obligates me to the performance of these services only.  If your spouse contests the divorce or annulment, refuses to acknowledge (sign for) the complaint, retains counsel (or otherwise engages an attorney to respond to the complaint or any proposed settlement agreement), files any motions against you, or indicates that you have not agreed on a resolution of all outstanding issues (e.g. if any issues require negotiation or litigation),or if a physical appearance is required by the court, the divorce or annulment will no longer be considered uncontested.  If at that point you wish to continue having me represent you, you agree that you will be subject to the hourly fees contained herein and will promptly (within 10 days) remit a retainer sufficient to prepay for ten hours of legal services.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce or annulment, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4. In the event that this divorce or annulment becomes a contested matter, it will be impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  In addition to temporary or pretrial hearings, there may be the necessity of a trial on the merits.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In the event this divorce or annulment remains uncontested, you agree to pay a one-time flat fee of $1,050, including the court filing fee of $300.  Should this divorce or annulment become a contested matter, and should you wish to retain me (which you are under no obligation to do), it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  Should you reconcile with your spouse prior to the granting of a final judgement of divorce or annulment, we agree that I shall be compensated for the time I have actually spent on your case at my hourly rate.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                      - $325.00 per hour
        Paraprofessional Services (paralegal)   - $50.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the flat fee of $1,050 including the court filing fee.  We agree that I will begin the process and file the necessary paperwork upon my receipt of this amount in full.

7.  You are to pay in advance all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying costs and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.  If this divorce or annulment remains uncontested, the only costs and fees that should be incurred will be the court filing fee.  However, if your spouse does not sign an acknowledgement of service, additional fees may be incurred in order to have your spouse properly served with the divorce or annulment complaint.  These fees range from under $30 (for sheriff's service) to as much as $100 (for a professional process server).

8.  Should this divorce or annulment become a contested matter, in the event that I receive payment of all or a portion of my fees and costs from your spouse, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

9.  Should this divorce or annulment become a contested matter, billings and accounting for my services and costs will be submitted from time to time.  Statements shall be payable on receipt unless otherwise agreed upon.  If we agree upon a payment schedule and you default on said schedule, interest in the amount of twenty percent (20%) per annum (1.76% per month) shall accrue from the time of default until full payment is made.  Otherwise, no interest will be charged.

10.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

11.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable and equitable to you.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,




David Perry Davis, Esq.



Consented to and approved:

________________________July 25, 2013

Dear

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) The preparation and filing of any complaints, counter-claims, answers, motions (requests to the court for an Order), or Orders to Show Cause (requests for the court to issue an emergent Order) that we agree are necessary, with all required supporting documentation, and/or responding to any motions, complaints, etc.;

        B) To the (limited) extent that it is permitted in a domestic violence action, initiating (if we agree it is necessary) and responding to requests for discovery such as interrogatories (written questions), notices to produce (written requests for documents), and depositions (sworn testimony taken at an attorney's office with a court reporter present);

        C) Attempting to settle your case on terms we agree are fair;

        D) Preparing for and conducting a hearing or trial on the issues in your case should we be unable to resolve the matter outside of court.

2.  This agreement does not include representation for:

        A) Disorderly persons or criminal offenses brought by or against you, or the private prosecution of any complaints filed by you,        whether in connection with the present Domestic Violence complaint or otherwise;

        B) Enforcement of obligations after a decision has been reached by the court or after the matter has been settled;

        C) Defending you from actions brought by creditors against you;

        D) Appeals of trial court orders, decisions, or judgments to the Appellate Division.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                          - $300.00 per hour
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the sum of $_________.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer unless we make arrangements to the contrary.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,


David Perry Davis, Esq.

Consented to and approved:


____________________________

July 1, 2010

Dear

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) If we are initiating the appeal, the preparation and filing of a Notice of Appeal (or cross appeal, as may be appropriate), an Appellate Case Information Statement, a Transcript Request Form, and serving these documents on the parties required to receive them;

        B) The preparation and filing of an appellant's or respondent's brief, including the compilation of the required appendix;

        C) Orally arguing the appeal before the Appellate Division;

        D) The preparation and filing of any motions (requests to the court for an Order) that we agree are necessary during the course of the appeal, with all required supporting documentation, and responding to any motions filed;

        E) Attempting to settle your case on terms we agree are fair;

2.  This agreement does not include representation for:

        A) Any other actions not directly related to prosecuting or defending the appeal;

        B) Any actions to challenge the final decision of the appellate division, including applications for certiorari (a request for the Supreme Court of New Jersey to consider an issue), and/or removing the matter to Federal Court;

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                  - $275.00 per hour.  Please note that this rate is lower than the rate charged for trial-level services as a result of the anticipated volume involved in working on an appeal.
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the sum of $10,000.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer unless we make arrangements to the contrary.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,


David Perry Davis, Esq.

Consented to and approved:


____________________________

Statement of Client Rights and Responsibilities
in Civil Family Actions

        A.  Client Rights

1.      Clients have the right to have their attorneys diligently advocate their interests within the bounds of the law and legal ethics.

2.      Clients have the right to have the fee arrangement fully and completely explained prior to entering into any agreements for services.

3.       Clients have the right to have a written retainer agreement describing the financial terms of the relationship between the client and the attorney.

4.       Clients have the right to refuse to enter into any unacceptable fee arrangement or modification of a fee arrangement.

5.      Clients have the right to be provided information as to the attorney(s) who will be primarily responsible for their matter and all other legal staff who will be working on the matter as well as information as to the costs for those individuals.

6.      Clients have the right to be provided bills on a regular basis, itemized as to the charges and time spent on each activity.

7.       Clients have the right to be informed of and be present at any court proceeding involving their case unless otherwise directed by the court.

8.      Clients have the right to be provided copies of all documents presented to the court by any party in their matter unless otherwise ordered by the court.

9.      Clients have the right to be afforded reasonable access to their attorneys.

10.     Clients have the right to make the final decision as to whether, when, and how to settle their cases and as to economic and other positions to be taken with respect to issues in the case.     B.  Client Responsibilities

1.      Clients shall provide full and accurate information to their attorneys regarding their matter.

2.      Clients shall be available to participate in a timely fashion regarding their matter and to respond reasonably to requests from their counsel.

3.      Clients shall advise their attorneys promptly of any change in their lives that might reasonably be expected to affect the handling of the matter.

4.      Clients shall pay for the legal services rendered on their behalf within the time period set forth in the retainer agreement.

5.      Clients shall be required to review diligently all bills submitted by their attorneys and within a reasonable time to raise any objections regarding the billing.

6.      Clients shall not take any position in their matter for any improper purpose, such as to delay the proceeding or intentionally to increase the cost to other litigants.

7.      Clients shall not seek to use their attorneys for improper means.

8.      Clients must recognize and be responsible for the costs associated with any action initiated or requested by the client.

9.      Clients shall provide sufficient time for their attorneys to explain to them the financial costs and other ramifications of a potential action in their matter and reasonably to consider the advice of their attorneys.
Statement of Client Rights and Responsibilities
in Civil Family Actions

        A.  Client Rights

1.      Clients have the right to have their attorneys diligently advocate their interests within the bounds of the law and legal ethics.

2.      Clients have the right to have the fee arrangement fully and completely explained prior to entering into any agreements for services.

3.       Clients have the right to have a written retainer agreement describing the financial terms of the relationship between the client and the attorney.

4.       Clients have the right to refuse to enter into any unacceptable fee arrangement or modification of a fee arrangement.

5.      Clients have the right to be provided information as to the attorney(s) who will be primarily responsible for their matter and all other legal staff who will be working on the matter as well as information as to the costs for those individuals.

6.      Clients have the right to be provided bills on a regular basis, itemized as to the charges and time spent on each activity.

7.       Clients have the right to be informed of and be present at any court proceeding involving their case unless otherwise directed by the court.

8.      Clients have the right to be provided copies of all documents presented to the court by any party in their matter unless otherwise ordered by the court.

9.      Clients have the right to be afforded reasonable access to their attorneys.

10.     Clients have the right to make the final decision as to whether, when, and how to settle their cases and as to economic and other positions to be taken with respect to issues in the case.     B.  Client Responsibilities

1.      Clients shall provide full and accurate information to their attorneys regarding their matter.

2.      Clients shall be available to participate in a timely fashion regarding their matter and to respond reasonably to requests from their counsel.

3.      Clients shall advise their attorneys promptly of any change in their lives that might reasonably be expected to affect the handling of the matter.

4.      Clients shall pay for the legal services rendered on their behalf within the time period set forth in the retainer agreement.

5.      Clients shall be required to review diligently all bills submitted by their attorneys and within a reasonable time to raise any objections regarding the billing.

6.      Clients shall not take any position in their matter for any improper purpose, such as to delay the proceeding or intentionally to increase the cost to other litigants.

7.      Clients shall not seek to use their attorneys for improper means.

8.      Clients must recognize and be responsible for the costs associated with any action initiated or requested by the client.

9.      Clients shall provide sufficient time for their attorneys to explain to them the financial costs and other ramifications of a potential action in their matter and reasonably to consider the advice of their attorneys.




---------------------------------------
David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
---------------------------------------

Thanks very much to all who responded on and off list!

Take care, be well,

Anne

[email protected]

------------------------------
Anne Cralle, Esq.

Law Office of Anne Cralle, LLC

276 Main St.

Metuchen, NJ 08840

(732) 829-5805
------------------------------


Original Message:
Sent: 07-03-2015 14:06
From: David Perry Davis
Subject: Family Law Retainer Agreements

Below are mine.  I collected the retainers from attorneys I like when I was a law clerk and created mine from them. I've updated them several times over the years and, hopefully, they're compliant -- let me know if anyone sees a problem!  I've been considering adding a provision requiring the client to keep a credit card on file and agreeing to billing to it each month.  If anyone has language to the effect, please share.

The Law Office of
David Perry Davis
COUNSELLOR AT LAW
112 West Franklin Ave
Pennington NJ 08534
(609) 737-2222
Fax: (609) 737-3222
E-mail: [email protected]
------------------------------------------------------------------------------

February 16, 2015


Dear Becky:

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) The preparation and filing of a complaint for divorce and any motions (requests to the court for an order) that we agree are necessary, with all required supporting documentation, and/or responding to any complaints or motions filed by your spouse;

        B) Initiating (if we agree it is necessary) and responding to requests for discovery such as interrogatories (written questions), notices to produce (written requests for documents), and depositions (sworn testimony taken at an attorney's office with a court reporter);

        C) Attempting to settle your case on terms we agree are fair;

        D) Preparing for and conducting a hearing on the issues in your case should we be unable to resolve the matter by settlement;

2.  This agreement does not include representation for:

        A) Disorderly persons or criminal offenses brought by your spouse or any other person against you, or the private prosecution of any complaints filed by you;

        B) Defending you from actions brought by creditors against you or you and your spouse;

        C) Transferring of real estate, either by purchase or sale;

        D) Appeals of trial court orders, decisions, or judgments to the Appellate Division.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                          - $325.00 per hour
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay at this time the sum of $______.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer to $_______.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,



David Perry Davis, Esq.

Consented to and approved:


____________________________

The Law Office of
David Perry Davis
COUNSELLOR AT LAW
112 West Franklin Ave
Pennington NJ 08534-9541
(609) 737-2222
Fax: (609) 737-3222
E-mail: [email protected]
------------------------------------------------------------------------------

February 18, 2015

Dear

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) The preparation and filing of any motions (requests to the court for an Order) that we agree are necessary, with all required supporting documentation, and/or responding to any motions filed by your spouse;

        B) Initiating (if we agree it is necessary) and responding to requests for discovery such as interrogatories (written questions), notices to produce (written requests for documents), and depositions (sworn testimony taken at an attorney's office with a court reporter);

        C) Attempting to settle your case on terms we agree are fair;

        D) Preparing for and conducting a hearing on the issues in your case should we be unable to resolve the matter by settlement;

2.  This agreement does not include representation for:

        A) Disorderly persons or criminal offenses brought by your spouse or any other person against you, or the private prosecution of any complaints filed by you;

        B) Defending you from actions brought by creditors against you or you and your spouse;

        C) Transferring of real estate, either by purchase or sale;

        D) Appeals of trial court orders, decisions, or judgments to the Appellate Division.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                          - $325.00 per hour
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the sum of $_______.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer unless we make arrangements to the contrary.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,


David Perry Davis, Esq.

Consented to and approved:


____________________________

February 24, 2015

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you in an uncontested divorce.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you for an uncontested divorce or annulment matter.  This limited representation consists of the filing of a Complaint for Divorce or Annulment and Certification of Verification and Non-Collusion, filing a Request to Enter Default and Affidavit of Non-Military Service (if your spouse does not answer the complaint within 35 days), drafting the documents required to have the Judgment entered without a physical appearance, and a judgement of divorce or annulment.  We agree that, in essence, you are retaining me to dissolve your marriage and obtain a judgment of divorce (or annulment); I am not undertaking discovery and we have not discussed the particulars of your case and your potential rights and responsibilities under the law.  You enter into this agreement aware that in proceeding in this manner you may be doing irreparable damage to your ability to later raise any issues relating to your marriage.

2.  This agreement obligates me to the performance of these services only.  If your spouse contests the divorce or annulment, refuses to acknowledge (sign for) the complaint, retains counsel (or otherwise engages an attorney to respond to the complaint or any proposed settlement agreement), files any motions against you, or indicates that you have not agreed on a resolution of all outstanding issues (e.g. if any issues require negotiation or litigation),or if a physical appearance is required by the court, the divorce or annulment will no longer be considered uncontested.  If at that point you wish to continue having me represent you, you agree that you will be subject to the hourly fees contained herein and will promptly (within 10 days) remit a retainer sufficient to prepay for ten hours of legal services.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce or annulment, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4. In the event that this divorce or annulment becomes a contested matter, it will be impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  In addition to temporary or pretrial hearings, there may be the necessity of a trial on the merits.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In the event this divorce or annulment remains uncontested, you agree to pay a one-time flat fee of $1,050, including the court filing fee of $300.  Should this divorce or annulment become a contested matter, and should you wish to retain me (which you are under no obligation to do), it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  Should you reconcile with your spouse prior to the granting of a final judgement of divorce or annulment, we agree that I shall be compensated for the time I have actually spent on your case at my hourly rate.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                      - $325.00 per hour
        Paraprofessional Services (paralegal)   - $50.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the flat fee of $1,050 including the court filing fee.  We agree that I will begin the process and file the necessary paperwork upon my receipt of this amount in full.

7.  You are to pay in advance all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying costs and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.  If this divorce or annulment remains uncontested, the only costs and fees that should be incurred will be the court filing fee.  However, if your spouse does not sign an acknowledgement of service, additional fees may be incurred in order to have your spouse properly served with the divorce or annulment complaint.  These fees range from under $30 (for sheriff's service) to as much as $100 (for a professional process server).

8.  Should this divorce or annulment become a contested matter, in the event that I receive payment of all or a portion of my fees and costs from your spouse, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

9.  Should this divorce or annulment become a contested matter, billings and accounting for my services and costs will be submitted from time to time.  Statements shall be payable on receipt unless otherwise agreed upon.  If we agree upon a payment schedule and you default on said schedule, interest in the amount of twenty percent (20%) per annum (1.76% per month) shall accrue from the time of default until full payment is made.  Otherwise, no interest will be charged.

10.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

11.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable and equitable to you.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,




David Perry Davis, Esq.



Consented to and approved:

________________________July 25, 2013

Dear

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) The preparation and filing of any complaints, counter-claims, answers, motions (requests to the court for an Order), or Orders to Show Cause (requests for the court to issue an emergent Order) that we agree are necessary, with all required supporting documentation, and/or responding to any motions, complaints, etc.;

        B) To the (limited) extent that it is permitted in a domestic violence action, initiating (if we agree it is necessary) and responding to requests for discovery such as interrogatories (written questions), notices to produce (written requests for documents), and depositions (sworn testimony taken at an attorney's office with a court reporter present);

        C) Attempting to settle your case on terms we agree are fair;

        D) Preparing for and conducting a hearing or trial on the issues in your case should we be unable to resolve the matter outside of court.

2.  This agreement does not include representation for:

        A) Disorderly persons or criminal offenses brought by or against you, or the private prosecution of any complaints filed by you,        whether in connection with the present Domestic Violence complaint or otherwise;

        B) Enforcement of obligations after a decision has been reached by the court or after the matter has been settled;

        C) Defending you from actions brought by creditors against you;

        D) Appeals of trial court orders, decisions, or judgments to the Appellate Division.

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                          - $300.00 per hour
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the sum of $_________.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer unless we make arrangements to the contrary.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,


David Perry Davis, Esq.

Consented to and approved:


____________________________

July 1, 2010

Dear

Thank you for selecting this firm to represent you in your legal matters.  This letter will serve to confirm the terms of our fee agreement.  The New Jersey Rules of Professional Conduct promulgated by the state Supreme Court require that law firms communicate the basis of fees, in writing, to clients who are not regularly represented by a firm. 

You have requested that I represent you regarding your family court matter.  In representing you we shall be guided by the following understandings and agreements:

1.  Based on the facts and circumstances that you have disclosed to me, I shall represent you concerning issues that arise out of your family court situation.  This agreement includes representation on the following issues:

        A) If we are initiating the appeal, the preparation and filing of a Notice of Appeal (or cross appeal, as may be appropriate), an Appellate Case Information Statement, a Transcript Request Form, and serving these documents on the parties required to receive them;

        B) The preparation and filing of an appellant's or respondent's brief, including the compilation of the required appendix;

        C) Orally arguing the appeal before the Appellate Division;

        D) The preparation and filing of any motions (requests to the court for an Order) that we agree are necessary during the course of the appeal, with all required supporting documentation, and responding to any motions filed;

        E) Attempting to settle your case on terms we agree are fair;

2.  This agreement does not include representation for:

        A) Any other actions not directly related to prosecuting or defending the appeal;

        B) Any actions to challenge the final decision of the appellate division, including applications for certiorari (a request for the Supreme Court of New Jersey to consider an issue), and/or removing the matter to Federal Court;

3.  In the course of representing you in your family court matter, I will consider and advise you of possible tax implications and the tax impact of certain aspects of divorce, separation, alimony, child support, and distribution of property.  I strongly recommend that you seek and obtain professional tax advice from an accountant or specialized tax attorney to review any and all proposed settlement agreements.

4.  In connection with the services to be performed, it is impossible at this time to specify the exact nature, extent, and difficulty of the contemplated services and attorney's time involved.  I shall exert effort at all times to represent your interest and rights, and if possible, to seek an amicable solution to your claims.

5.  In connection with the services rendered by this firm, or to be rendered, it is understood and agreed that my services shall be compensated at the hourly rates in effect in the calendar year that the services are rendered.  For the purpose of calculating fees earned, all services rendered by this office will be billed in tenths of hours, with a minimum billing unit of .2 hours for any given task.  Rates currently in effect until the completion of the calendar year are as follows: 
        David Perry Davis, Esq                  - $275.00 per hour.  Please note that this rate is lower than the rate charged for trial-level services as a result of the anticipated volume involved in working on an appeal.
        Paraprofessional Services (paralegal)   -  $40.00 per hour

6.  In consideration of the services performed, or to be performed, you are to pay me at this time the sum of $10,000.  We agree that I will officially become your attorney upon payment of this retainer. 

7.  This is not a flat-fee arrangement nor a non-refundable retainer; all sums not actually earned, if any, will be refunded to you at the conclusion of the case or upon the termination of my representation.  We agree that retainer funds will be deposited into my attorney business account and not my trust account.  Although this will in no way affect your equitable right to a refund of any unearned sums at the conclusion of the case or termination of my representation, the funds will not be considered trust funds and will not be deposited into my attorney trust account unless we specifically agree to the contrary.

8.  In addition thereto, you are to pay in advance for all necessary and reasonable legal costs and expenses incurred or paid out in the performance of my services.  These costs and expenses shall include by specification: filing fees imposed by the Courts, filing fees of subpoena costs, deposition costs, accountant's fees, fees of process servers, reference fees, photocopying expenses, long distance calls, and any other necessary expenses.  If I advance any cost or expenses, you shall forthwith reimburse such costs or expenses upon written request.

9.  If it is appropriate to do so, I will seek payment of costs and fees from our adversary. In the event that I receive payment of all or a portion of my fees and costs, either by way of Court Order or settlement, credit shall be given to you therefor, with the understanding that you will at all times remain primarily obligated to pay me for such fees and costs.

10.  Billings and accounting for my services and costs will be submitted from time to time, usually on a monthly basis, but in no case more than a 90 day basis if services were rendered during this period.  Should the initial retainer be exhausted, you agree to replenish the retainer unless we make arrangements to the contrary.  In the event this matter proceeds to trial, we will make arrangements regarding a trial retainer based on the estimated number of days involved in trying the case.  Statements shall be payable within 30 days of receipt unless otherwise agreed upon.  No interest will be charged unless we agree upon a payment schedule and you default on said schedule.  Should this occur, interest in the maximum amount permitted by law shall accrue from the time of default until full payment is made.

11.  In the event it becomes necessary to institute legal proceedings against you because you have failed to pay any balance due for my services and/or costs incurred on your behalf, you agree to be responsible for and will pay all ensuing court costs and reasonable attorney's fees.

12.  We will discuss, and I encourage you to utilize, various CDR (Complimentary Dispute Resolution) programs that are available, including mediation (a non-binding process where a third party recommends a resolution to your issues) and arbitration (a binding process where a privately hired third party other than a sitting judge makes a decision on your issues).

13.  In representing you in the contemplated litigation, I cannot and do not warrant or predict results or final developments.  Be assured that it is my desire and intention to afford you conscientious, faithful, and diligent services, seeking at all times to achieve solutions that are just, reasonable, equitable and, most importantly, acceptable to you.

14.  I have strived to make the agreement understandable by using "plain", non-technical terms.  If there is any question you have concerning the terms of this agreement, do not sign it until the question has been answered to your satisfaction.

If the foregoing meets with your approval, kindly signify your consent and approval by signing your name in the space provided below, indicating date, and return the original of this letter along with the retainer check.

Very truly yours,


David Perry Davis, Esq.

Consented to and approved:


____________________________

Statement of Client Rights and Responsibilities
in Civil Family Actions

        A.  Client Rights

1.      Clients have the right to have their attorneys diligently advocate their interests within the bounds of the law and legal ethics.

2.      Clients have the right to have the fee arrangement fully and completely explained prior to entering into any agreements for services.

3.       Clients have the right to have a written retainer agreement describing the financial terms of the relationship between the client and the attorney.

4.       Clients have the right to refuse to enter into any unacceptable fee arrangement or modification of a fee arrangement.

5.      Clients have the right to be provided information as to the attorney(s) who will be primarily responsible for their matter and all other legal staff who will be working on the matter as well as information as to the costs for those individuals.

6.      Clients have the right to be provided bills on a regular basis, itemized as to the charges and time spent on each activity.

7.       Clients have the right to be informed of and be present at any court proceeding involving their case unless otherwise directed by the court.

8.      Clients have the right to be provided copies of all documents presented to the court by any party in their matter unless otherwise ordered by the court.

9.      Clients have the right to be afforded reasonable access to their attorneys.

10.     Clients have the right to make the final decision as to whether, when, and how to settle their cases and as to economic and other positions to be taken with respect to issues in the case.     B.  Client Responsibilities

1.      Clients shall provide full and accurate information to their attorneys regarding their matter.

2.      Clients shall be available to participate in a timely fashion regarding their matter and to respond reasonably to requests from their counsel.

3.      Clients shall advise their attorneys promptly of any change in their lives that might reasonably be expected to affect the handling of the matter.

4.      Clients shall pay for the legal services rendered on their behalf within the time period set forth in the retainer agreement.

5.      Clients shall be required to review diligently all bills submitted by their attorneys and within a reasonable time to raise any objections regarding the billing.

6.      Clients shall not take any position in their matter for any improper purpose, such as to delay the proceeding or intentionally to increase the cost to other litigants.

7.      Clients shall not seek to use their attorneys for improper means.

8.      Clients must recognize and be responsible for the costs associated with any action initiated or requested by the client.

9.      Clients shall provide sufficient time for their attorneys to explain to them the financial costs and other ramifications of a potential action in their matter and reasonably to consider the advice of their attorneys.
Statement of Client Rights and Responsibilities
in Civil Family Actions

        A.  Client Rights

1.      Clients have the right to have their attorneys diligently advocate their interests within the bounds of the law and legal ethics.

2.      Clients have the right to have the fee arrangement fully and completely explained prior to entering into any agreements for services.

3.       Clients have the right to have a written retainer agreement describing the financial terms of the relationship between the client and the attorney.

4.       Clients have the right to refuse to enter into any unacceptable fee arrangement or modification of a fee arrangement.

5.      Clients have the right to be provided information as to the attorney(s) who will be primarily responsible for their matter and all other legal staff who will be working on the matter as well as information as to the costs for those individuals.

6.      Clients have the right to be provided bills on a regular basis, itemized as to the charges and time spent on each activity.

7.       Clients have the right to be informed of and be present at any court proceeding involving their case unless otherwise directed by the court.

8.      Clients have the right to be provided copies of all documents presented to the court by any party in their matter unless otherwise ordered by the court.

9.      Clients have the right to be afforded reasonable access to their attorneys.

10.     Clients have the right to make the final decision as to whether, when, and how to settle their cases and as to economic and other positions to be taken with respect to issues in the case.     B.  Client Responsibilities

1.      Clients shall provide full and accurate information to their attorneys regarding their matter.

2.      Clients shall be available to participate in a timely fashion regarding their matter and to respond reasonably to requests from their counsel.

3.      Clients shall advise their attorneys promptly of any change in their lives that might reasonably be expected to affect the handling of the matter.

4.      Clients shall pay for the legal services rendered on their behalf within the time period set forth in the retainer agreement.

5.      Clients shall be required to review diligently all bills submitted by their attorneys and within a reasonable time to raise any objections regarding the billing.

6.      Clients shall not take any position in their matter for any improper purpose, such as to delay the proceeding or intentionally to increase the cost to other litigants.

7.      Clients shall not seek to use their attorneys for improper means.

8.      Clients must recognize and be responsible for the costs associated with any action initiated or requested by the client.

9.      Clients shall provide sufficient time for their attorneys to explain to them the financial costs and other ramifications of a potential action in their matter and reasonably to consider the advice of their attorneys.




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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
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Yes - I always get one when court appointed and/or other pro bono.

Set out exactly what you are doing and what you are not doing for the client.  Are you on the hook for an appeal?  Enforcement after judgment / order? I use my standard agreement, but modify the one paragraph that talks about fees.

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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
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