BHL - NoRegistr - Sample Agr (Not IAA) (Local Counsel)
ENGAGEMENT - SAMPLE AGREEMENT FOR LOCAL COUNSEL
This Engagement – Sample Agreement for Local Counsel, which includes and incorporates theattached exhibit, (the "Agreement") will set forth the terms and conditions regarding the servicesto be rendered under this engagement.
Parties
This Agreement is between Bryan Hill Attorney at Law, located at 209 South 19th Street, Suite640, Omaha, Nebraska 68102, ("BHL") and the client as described below ("Client").
Scope of Engagement
This Agreement will be limited to BHL providing Client with the sample agreement described inExhibit A attached hereto.
No Guarantees of Success
BHL makes no promises or guarantees to Client regarding the outcome of the matters uponwhich BHL is engaged to represent Client.
Fees
There will be a fixed fee of $________ (“Fixed Fee”) charged to Client for the sample agreement,as described in Exhibit A, provided by BHL to Client. This Agreement does not include anymodifications or revisions by BHL of the sample agreement initially provided by BHL to Client.The Fixed Fee shall be considered earned by BHL upon initial presentment of the sampleagreement, and BHL is authorized to deduct the amount of the Fixed Fee from Client’s retainerupon the initial presentment of the sample agreement to Client.In addition to the Fixed Fee, Client also will be charged an hourly fee, as described below, for anywork performed by BHL following the initial presentment of the sample agreement to Client. Thehourly rate for Bryan Hill will be two hundred eighty-five dollars ($285.00) per hour, and the hourlyrate for Christina Bruck will be two hundred fifty dollars ($250.00) per hour. The hourly rates forBHL's paralegals and law clerks will be ninety dollars ($90.00) per hour. BHL's minimum hourlybilling increment is one-twelfth (1/12) of an hour. BHL will also charge for the time incurred by itsstaff traveling on Client's behalf at the rate of seventy-five percent (75%) of the individual'sregular hourly rate.BHL reserves the right to change these hourly rates upon providing Client with written notice thirty(30) days in advance.
Initial Retainer Amount & Non-Refundable Portion
It will be necessary for Client to pay in advance a retainer initially in the amount of $______ thatwill be available for BHL to bill against its services. BHL will not commence any work on behalf ofClient under this Agreement until BHL has received the initial retainer from Client. In the eventthat Client terminates this Agreement prior to BHL providing a sample agreement to Client, thefirst $______ (“Non-Refundable Portion”) of this initial retainer amount is non-refundable (inaddition to any credit card processing fee originally charged to BHL for the retainer) to Client.Unless otherwise agreed to in writing by BHL, Client's retainer, fees paid in advance and otherClient funds held in trust will be kept in BHL's client trust account at Wells Fargo Bank NA. In theevent that Client also holds accounts with significant balances at Wells Fargo Bank NA, Client willprovide BHL with written notice of the existence of such accounts and the possibility that thecombined value of Client's own accounts at Wells Fargo Bank NA and Client's retainer, fees paidin advance and other Client funds held within BHL's client trust account at Wells Fargo Bank NAexceeds the basic FDIC deposit insurance coverage limit.(The basic FDIC deposit insurance coverage limit is not applied per account, but instead it refersto the total of all deposits that an accountholder has at a particular FDIC-insured bank, includingthose funds held on behalf of an accountholder in an attorney’s client trust account. Thecoverage limit of the basic FDIC deposit insurance was increased temporarily from $100,000 to$250,000 until December 31, 2013. For a more thorough explanation, please refer towww.FDIC.gov. )
Payment Via Credit Card
BHL can accept payment via credit card. Client agrees that if Client has a dispute with BHL,Client will not raise this dispute with Client's credit card company or seek adjudication of anydispute with BHL through or by Client's credit card company. Client agrees that if Client pays theconsulting fees via credit card, Client will not instruct Client's credit card company to reverse suchcharges.
Billing Date & Deduction from Retainer
BHL’s standard billing dates and events are the following: (1) the first business day of eachmonth; (2) the date when incurred fees and expenses will cause the retainer balance to dropbelow the minimum balance requirement described below; (3) the date or thereafter that BHLpresents the sample agreement to Client; and (4) the date the engagement is terminated byeither Client or BHL or the matter is concluded. Upon electronic presentment (via email) of theinvoice to Client, BHL will deduct the amount owed for the previous billing period from theretainer. Client agrees to notify BHL within ten (10) days of receipt of BHL's invoice if Clientdisputes any entry on the invoice.
Replenishment of Retainer
After the initial retainer balance is depleted below $_____, Client will need to replenish theretainer in an amount specified by BHL in order for BHL to continue to work on behalf of Client.In the event that the amount owed by Client for such fees and expenses exceeds the balance ofthe retainer, Client will be required to pay BHL this outstanding amount within 21 days of thepresentment of the invoice to Client. Client understand that a failure to replenish immediately theretainer by the amount specified by BHL or failure to pay BHL for its services and expensesexceeding the retainer by the date described above shall constitute grounds for BHL to terminatethis Agreement.
Refund of Retainer
BHL will not honor any request by Client for a refund of the retainer in the amount of theapplicable Fixed Fee if BHL has already presented the sample agreement to Client.In the event that there’s any remaining balance of the retainer beyond the Non-RefundablePortion as described above and after the deduction of Fixed Fee (and any credit card processingfee originally charged to BHL if Client paid the retainer by credit card) from the final invoice at thetermination or conclusion of this engagement, those remaining proceeds will be refunded toClient.
Termination
BHL and Client shall each have the right to terminate this engagement at any time uponnotification in writing to the other party. Upon such termination, Client shall remain responsiblefor any unpaid billings for services rendered.
Affiliate Is Not a Law Firm
RIA Compliance Consultants, Inc. ("RCC") is a compliance consulting firm and an affiliate of BHL.Both RCC and BHL are under common ownership and control. Although RCC is an affiliate of alaw firm and RCC may have an individual on its staff that is also licensed as an attorney providinglegal services in a completely separate capacity through BHL, RCC is not a law firm or anattorney and does not provide legal services.In the event that Client engages RCC, Client acknowledges that Client is aware that a complianceconsulting relationship with RCC is not provided those legal and professional protections thatnormally exist under an attorney-client relationship such as the following: (a) privilegedcommunication between an attorney and client; (b) the requirement for an attorney to use a clienttrust account for safekeeping of legal fees paid in advance by a client; (c) the requirement for anattorney to maintain professional liability insurance; or (d) prohibitions preventing an attorney fromhaving impermissible relationships with clients, representing other persons with conflictinginterests, receiving referral fees from third-party vendors, or prospectively limiting liability formalpractice through a contractual provision in a client agreement.It is strongly recommended that prior to entering into an engagement with RCC, Client shouldretain an attorney, who is not affiliated with BHL, to review and provide Client with independentadvice regarding the terms of such an engagement.
EXHIBIT ASCOPE OF ENGAGEMENT & DUTIES OF CLIENT
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