SAMPLE HOURLY RETAINER FOR LITIGATION

Date

Address

XXXXXX

XXXXXX

RE: Petitioner v. Respondent

Dear Client:

I am very pleased to have you as a client. To enhance our attorney-client relationship, you should become familiar with my standard terms of engagement for legal services. These terms will apply to both of us unless specifically modified in writing.

Oppose petition to Determine Whether a Trust Contest Constitutes a Contest under Decedent’s Will, etc.

The scope of our legal services will be in accordance with this writing, any written modifications to it, and discussions or correspondence not inconsistent with this writing or its written modifications.

2. Outcome and Contingency

Opinions about the outcome of a legal matter are our best professional estimates; they are necessarily limited by our knowledge of facts and law at the time opinions are expressed. Unless specifically stated in a separate writing, signed by both of us, payment for our services is not contingent on the outcome of any matter.

3. Estimates or Quotations

If requested, and when feasible, I will provide you with an estimate of the cost of our services. When estimates are given, unless otherwise specified in writing, they are not maximum or minimum or fixed quotations. The ultimate cost may be more or less than the estimate. The accuracy of our estimates may vary, depending on facts or circumstances beyond my control, such as the decisions of a court or the actions of third parties.

4. How I Charge for Legal Services and Our Out-of-Pocket Costs

I normally charge for services based on the type of services rendered and the reasonable value of our services to you based upon an hourly rate of $225 per hour for my time and $85 per hour for paralegal time. Hourly charges are in increments of 0.2 hours for my time and 0.25 hours for paralegal. This charges are adjusted for factors we consider including: the time and effort required; the time limitations imposed by you or by the circumstances; the novelty and difficulty of the questions involved and the skill required to perform the legal services properly; the experience, reputation, and ability of the lawyer performing the services; in specified instances, the amount involved or the results obtained; the nature and length of our relationship; and the customary charges for comparable legal services.

The time devoted to your matters may include consultations with others (including others in our office), correspondence, meetings, telephone calls, negotiations, factual investigations and analysis, legal research and analysis, document preparation and revision, travel away from the office on your behalf, and all other work related to your matters. Although we assign hourly rates for our lawyers and staff personnel to calculate a standard cost, the hourly rates are only one of the many factors we take into account in charging for legal services.

During the course of our employment, I may incur out-of-pocket costs on your behalf. These costs include, but are not necessarily limited to, telephone charges, postage, telex and computer charges, printing and reproduction costs, filing fees, delivery and messenger costs, deposition and transcript costs, witness fees, travel expenses, disbursements for taxes, other advances, and charges by outside consultants, accountants, and legal counsel whom we have hired on your behalf. If out-of-pocket costs are itemized, they appear on our invoices as "costs." Normally, we estimate costs, and you are expected to advance the costs by a deposit in trust with our office to defray them. We will discuss all major cost items in advance with you, unless circumstances prevent advance discussion.

5. Our Receipt of Your Deposits

Deposits that are received to cover specified items will be disbursed as we agree. Deposits that are received to cover services and out-of-pocket costs will be held until the services are performed and the out-of-pocket costs are incurred. In this regard, your deposit is received with the understanding that you expressly authorize us to withdraw from the trust account the sums necessary to pay for services as they are performed and out-of-pocket costs as they are incurred. You will be notified in writing of the amounts applied or withdrawn, and you will be provided with a statement explaining the services rendered and out-of-pocket costs incurred. If the charges for services and out-of-pocket costs exceed the amount withdrawn, the statement will show the excess due and payable. We may also request additional deposits to cover further services and out-of-pocket costs. When our services are completed or terminated, you will receive a final invoice. If there is a balance due to you, the amount will be returned to you after payment of our final invoice.

Payments of minimum or fixed fees or retainers are not deposits and are not refundable. Payments of minimum or fixed fees are for work being performed. Retainers are paid to secure our availability for the matter or matters to which they relate. Any minimum or fixed fee or retainer arrangement with you will be separately described in writing.

6. Our Standard Billing and Payment Procedures

I normally bill on a monthly basis. If I am working on more than one matter for you, you may receive separate billings for each such matter or a combined billing for all matters. If you prefer either separate or combined billings, you should contact me.

Payment is due promptly on receipt of our invoice. If amounts due us remain outstanding for more than 30 days, we will charge interest on the unpaid amounts. The present interest rate is ten percent (10%) per annum, but we reserve the right to change the rate by notice to you if circumstances warrant it. No more than the legal rate of interest will be charged.

7. Answering Your Questions

Whenever you have any questions or comments regarding our services, or the status of your file, or whenever any new facts or considerations come to your attention, you should contact the attorney or legal assistant with whom you are working. If you have any questions about a bill, please contact one of these persons as soon as you receive it. If no comment is received within 30 days of the billing, we will assume that you find it acceptable.

8. Termination of Engagement

You may terminate our engagement with or without cause on written notice to us. We will return all your papers and property immediately upon your terminating our engagement. We will, however, retain our own files forever. If you wish copies of our files, you or your new attorney can arrange to make copies of all our papers that we believe are necessary for continued representation. We will ask you to pay any additional cost of copying.

Termination of my services will not affect your responsibility to pay for legal services rendered and all out-of-pocket costs incurred up to the date when we receive notice of termination, and for any further work required of us in order to facilitate an orderly turnover of matters in process at the time of termination.

We may terminate our engagement for any of the reasons permitted under the California Rules of Professional Conduct, including failure to pay promptly our bills, misrepresentation of (or failure to disclose) any material facts, action taken contrary to our advice, or any other conduct or situation that in our judgment impairs an effective attorney-client relationship between us or presents conflicts with our professional responsibilities.

9. Your Right To Arbitrate

In those rare instances in which there is a dispute with a client, we make every effort to resolve the dispute. If any fee dispute between us cannot be resolved, you have the right to request arbitration. We shall be pleased to provide, or to refer you to the appropriate bar association for, additional information regarding the fee arbitration process.

10. Your Consent

Please read the above terms carefully and make certain that you understand them. Unless otherwise agreed to in writing, you consent to the above terms. We will render the legal services as agreed, and you will be billed and will pay for the legal services and out-of-pocket costs as described above.

Please sign the following endorsement on both this letter and the enclosed duplicate copy and then return the duplicate copy in the enclosed envelope. The original should be kept for your records. We appreciate your confidence and look forward to serving you.

11. Additional items

The initial deposit of for fees and costs in the amount of $ XXXXXX is paid as a minimum fee described in ¶5 and is not refundable.

Sincerely,

STEVEN J. FELDMAN