COLLABORATIVE LAW RETAINER AGREEMENT THIS IS A LEGALLY BINDING CONTRACT PLEASE READ CAREFULLY SHOULD YOU SO DESIRE, PLEASE HAVE THIS AGREEMENT REVIEWED BY INDEPENDENT COUNSEL BEFORE SIGNING INTRODUCTION You have retained Suzanne L. Brunsting, Esq. to advise you in connection with your Family Law Matter in which you and your spouse each has an attorney, and all have a shared commitment to arrive at an acceptable and equitable settlement without resorting to litigation. Rather than acting as adversaries, the collaborative participants discuss and confer to settle issues. Each party and his/her attorney have made a commitment to deal with each other honestly and fairly. SCOPE AND DUTIES I will represent your interests through the final settlement and filing of a judgment, subject to the following: 1. I will not be your attorney of record, except for purposes of preparation and submission of the documents comprising the Judgment Roll; 2. I will not ever represent you in any family or matrimonial law litigation against the other party. My representation is terminated by any party's decision to litigate, whether or not it was your decision. However, I will cooperate with you in transferring your file to new counsel. 3. Your spouse is not a party to this Retainer Agreement, and is not a third party beneficiary of this Agreement, nor are you a third party beneficiary of any Retainer Agreement between your spouse and that spouse s collaborative counsel. 4. The Collaborative Law process depends upon good faith participation by both parties. A dishonest or unscrupulous party could take advantage of the Collaborative Law process for delay or advantage in litigation. I cannot guarantee that any client will in fact adhere to the good faith undertakings. In signing this agreement, you are authorizing me to terminate the Collaborative Law process if, in my judgment, you are failing to participate in good faith. You and I will be involved together in the settlement process and no issue will be settled without your consent. I will promptly respond to your inquiries. You acknowledge and agree that for so long as you participate in the Collaborative process, you are suspending your right to have your own expert(s), adversarial access to the court system and to formally object to producing any documents or to providing any information to the other party that we determine is appropriate,
absent emergency circumstances. To this end, you agree to make full disclosure of the nature, extent, value of - and all developments affecting - your income, assets and liabilities. You authorize me to fully disclose all information that in my discretion must be provided to the other party and his/her attorney. We both retain the right to withdraw from this contract if either of us feels we cannot abide by the principles of Collaborative Law by notifying the other in writing. I agree to give you fifteen (15) days notice of my intention to withdraw. THIS AGREEMENT FOR COLLABORATIVE LEGAL SERVICES is entered into by and between Suzanne L. Brunsting, Esq., referred to in this Agreement as "the Attorney", and, referred to in this Agreement as "the Client". This Agreement constitutes a binding legal contract and should be reviewed carefully, as set forth above. 1. SCOPE OF REPRESENTATION: A. The Client is retaining the Attorney to render services for: [ x ] The negotiation for settlement of a matrimonial matter, the preparation and/or review of a Separation Agreement, and the preparation and submission of the documents comprising a Judgment Roll upon the successful conclusion of negotiations, all in a Collaborative Process. B. This Retainer Agreement does not cover any other services which might be required following the entry of a final Judgment or Order, including, but not limited to, such matters as modification or preparation of a Qualified Domestic Relations Order. The Attorney s representation shall terminate with the completion of the matter or matters set forth above at subparagraph "A", unless extended by mutual agreement in writing. C. The Client authorizes the Attorney to take any steps which, in her sole discretion, are deemed necessary or appropriate to protect the Client s interest in this matter. 2. AMOUNT OF THE ADVANCE RETAINER PAYMENT AND WHAT IT IS INTENDED TO COVER: A. In order to begin representation, the Client will make an initial advance payment of $3,500. This amount shall be held in the trust account and the Client will be billed against the amount held in trust monthly. The Client will pay any outstanding charges not covered by the trust account and replenish the initial retainer so that the trust account balance is restored to $1,000.00 each month. B. In the event that any bill is not paid within thirty (30) days and the retainer is not replenished promptly as agreed above, the Attorney reserves the right to cease providing any legal services on behalf of the Client until payment is received or other satisfactory arrangements are made and confirmed in writing. In the alternative, the Attorney reserves the right to withdraw as attorney, and the Client agrees to sign all documents necessary for the Attorney to withdraw, upon request. 2
C. At the conclusion of representation, and after payment of the final bill, any advance payments that remain in the trust account will be refunded to the Client. D. CAVEAT ON TOTAL BILL - 1) This retainer payment does not represent the amount of the overall fee which may be incurred by virtue of the Attorney s services. The Attorney does not know how much time the Client s case will take, because it is not known what the disputed issues will be and how long negotiations or preparation of documents will last. The Client s cooperation in gathering information and in working with the Attorney can considerably expedite the case and help reduce attorney fees. 2) The amount of the eventual fee will be based upon the Attorney s regular schedule of established hourly time charges, along with any outof-pocket expenses or disbursements (such as messenger services, long distance telephone calls, telefaxes, photocopying, mileage, and excess postage) which are incurred on the Client s behalf. E. CHARGE FOR TELEPHONE CALLS AND E-MAIL CORRESPONDENCE - It is the practice of this office to compute not less than two-tenths (2/10) of an hour for each telephone call and e-mail correspondence exchange, no matter how short its duration and such additional time as may actually be expended, whether the telephone calls or e-mail exchanges are from the Client or to the Client or others, concerning the Client s matter. F. The hourly rates apply to all time expended relative to this matter, including but not limited to the following: meetings and conferences; telephone calls, e-mail exchanges and conferences; preparation, review and revision of correspondence, disclosure requests and responses, affidavits and affirmations, or any other documents, memoranda, or papers relating to the matter; legal research; file review; and travel time. 3. DISCHARGE AND WITHDRAWAL: The Client reserves the right discharge the Attorney at any time and for any reason. The Attorney reserves the right to withdraw as the Client s collaborative law attorney if the Client misrepresents or fails to disclose a material fact; fails to follow the Attorney s advice; fails to make payments as required by this agreement; or demands that the Attorney do something unlawful or unethical. Further, the Attorney s representation shall be terminated by any party's decision to terminate the collaborative process or litigate, whether or not it was the Client s decision. 4. INTEREST: Bills are to be paid upon receipt and the Attorney reserves the right to add a monthly late charge (which equals 9% per year) on all amounts unpaid after thirty (30) days from the date of the bill. The Attorney cannot be a financial institution. 5. OTHERS RENDERING SERVICES: A. It is understood and agreed that the Attorney will be in charge of, and responsible for, the administration of the Client s matter, however, the Attorney reserves the right to assign and delegate aspects of representation as the Attorney deems appropriate. B. Such assignment and delegation may include, but is not limited to: preparation of documents, and disclosure requests and responses. 3
C. Likewise, law clerks and paralegals may be called upon to assist in legal research, document production, file organization, preparation and review of financial statements and data, and such other duties as are assigned. 6. RATES AND DISBURSEMENTS A. The Client shall pay for the services of the Attorney in accordance with the following schedule of hourly rates: 1) Suzanne L. Brunsting, Esq. $300.00 2) Law clerks/paralegal $100.00 These hourly rates shall be applied through December 31, 2014; thereafter, the hourly rate is subject to change upon thirty (30) day written notice to the Client. B. In addition to the foregoing, the Client s responsibility will include direct payment for expenses or disbursements advanced, to include, but not necessarily be limited to: Filing fees, recording fees, charges of process servers, copying costs, and messenger services. 7. EXPERTS: In order to properly protect the Client s interests, it may be necessary to mutually retain outside experts such as appraisers, actuaries and accountants. The Client will be responsible for the Client s agreed upon share of the expenses incurred for any such service which, in some cases, may have to be paid in advance depending upon the requirements of the particular expert. No expert or appraiser will be retained without the Client s prior approval. 8. ITEMIZED BILLING: The Client will be billed periodically, but no less frequently than every sixty (60) days. Included in the billing will be a detailed explanation of the services rendered, by whom rendered and the disbursements incurred. Upon receipt of the bill, the Client is expected to review the bill and promptly bring attention to any objections to the bill. While the Attorney tries to keep accurate time records, the Attorney recognizes the possibility of human error, and will discuss any objections raised to the billing. 9. INFORMATION: A. CLIENT'S DUTIES - The client, agree to tell the Attorney the truth, to keep the Attorney advised of current address and telephone number, to cooperate in the preparation and negotiation of the case, to appear on reasonable notice for meetings and conferences, to pay the Attorney s bills on time, and to comply with the preparation and conduct of the collaborative case. B. ATTORNEY'S DUTIES REGARDING PROVIDING INFORMATION - The Attorney will keep the Client informed of the status of the case and will explain the laws as they might apply to the case, the available courses of action and the attendant risks and consequences. The Attorney will notify the Client promptly of any developments in the case, including scheduled meeting and conferences, and will be available for meetings and telephone conversations with the Client at mutually convenient times. From time to time, appointments may be made for personal visits to the office. Copies of all papers will be supplied to the Client as they are prepared, unless the Client requests otherwise. 10. ARBITRATION OF FEE DISPUTES: While the Attorney seeks to avoid any fee disputes and rarely has such disputes, in the event such a dispute does arise, the Client is advised of the right, under certain circumstances and at election to 4
seek arbitration to resolve the fee dispute. In such event, the Attorney will advise the Client in writing by certified mail that the Client has thirty (30) days from receipt of such notice to elect to resolve the dispute by arbitration, and the Attorney will enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both Attorney and Client, subject to review by a Court under certain circumstances. 11. CONFIDENTIALITY: Private communications with the Attorney concerning the collaborative case are generally confidential and are protected from disclosure under attorney-client privilege rules. This privilege is not absolute, and the Attorney may be required to reveal information if necessary to prevent a crime or fraud. The Client s privilege of confidentiality can also be lost if communications are revealed with other persons, including discussions held in joint conferences. You are relying upon the Participation Agreement to protect the confidentiality of matters communicated in joint meetings. If the court or an arbitrator or arbitration panel is asked to decide the issue of attorney's fees in this case, the Client s privilege can be lost, as well. 12. CERTIFICATIONS: Pursuant to Court Rule, the Attorney is required to certify any Court papers submitted by the Client which contain statements of fact and, specifically, to certify that the Attorney has no knowledge that the substance of the submission is false. Accordingly, the Client agrees to provide the Attorney with complete and accurate information which forms the basis of the Court papers that the Attorney prepares on the Client s behalf and that the Client reviews and signs. 13. NO GUARANTEES: The Client acknowledges that the Attorney has made no promises or representations, express or implied, concerning the outcome or result of this matter, other than that the Attorney will use the Attorney s best professional efforts on the Client s behalf. The Attorney is unable to predict how long it will take to conclude the matter or how many hours of legal services, total cost of services or total disbursements and other expenses will be required to conclude the matter, beyond the terms and descriptions set forth above. 14. ACKNOWLEDGMENT AND UNDERSTANDING: A. The Client has read this Agreement in its entirety, has had a full opportunity to consider its terms, has had a full and satisfactory explanation of its terms, fully understands its terms and agrees to them. B. There are no additional or different terms or agreements regarding payment other than those expressly set forth in this written Retainer Agreement. C. The Client was provided with, and has read, the Statement of Client's Rights and Responsibilities, a copy of which is attached to this written Retainer Agreement. D. The Client was provided with, and has read and understood, the Collaborative Law Participation Agreement, a copy of which has been provided to the Client. 15. CLOSING: If this collaborative law representation and fee arrangement meets with your approval, kindly sign your name where indicated below, date the Agreement and return to me. Upon receipt, I will forward a fully executed copy to you. Pursuant to Court Rule, a copy of this Retainer Agreement is required to be 5
filed with the Court in which your final divorce is processed. I look forward to working with you. Sincerely, Suzanne L. Brunsting, Esq. I HAVE READ AND I UNDERSTAND THE ABOVE RETAINER AGREEMENT AND I ACCEPT ALL OF ITS TERMS. Client's Signature: Dated: 6
STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES Your attorney is providing you with this document to inform you of what you, as a client, are entitled to by law or by custom. To help prevent any misunderstanding between you and your attorney, please read this document carefully. If you ever have any questions about these rights, or about the way your case is being handled, do not hesitate to ask your attorney. He or she should be readily available to represent your best interests and keep you informed about your case. An attorney may not refuse to represent you on the basis of race, creed, color, sex, national origin or disability You are entitled to an attorney who will be capable of handling your case; show you courtesy and consideration at all times; represent you zealously; and preserve your confidences and secrets that are revealed in the course of the relationship. You are entitled to a written retainer agreement which must set forth, in plain language, the nature of the relationship and the details of the fee arrangement. At your request, and before you sign the agreement, you are entitled to have your attorney clarify, in writing, any of its terms, or include additional provisions. You are entitled to fully understand the proposed rates and retainer fee before you sign a retainer agreement, as in any other contract. You may refuse to enter into any fee arrangement that you find unsatisfactory. Your attorney may not request a fee that is contingent on the securing of a divorce or on the amount of money or property that may be obtained. Your attorney may not request a retainer fee that is nonrefundable. That is, should you discharge your attorney, or should your attorney withdraw from the case before the retainer is used up, he or she is entitled to be paid for the time spent on your case and any expenses, but must return the balance of the retainer to you. You are entitled to know the approximate number of attorneys and other legal staff members who will be working on your case at any given time and what you will be charged for the services of each. You are entitled to know, in advance, how you will be asked to pay legal fees and expenses, and how the retainer, if any, will be spent. At your request, and after your attorney has had a reasonable opportunity to investigate your case, you are entitled to be given an estimate of approximate future costs of your case, which estimate shall be made in good faith, but may be subject to change due to facts and circumstances affecting the case. You are entitled to receive a written, itemized bill on a regular basis, at least every sixty (60) days. You are expected to review the itemized bills sent by counsel, and to 7
raise any objections or errors in a timely manner. Time spent in discussion or explanation of bills will not be charged to you. You are expected to be truthful in all discussions with your attorney, and to provide all relevant information and documentation to enable him or her to competently prepare your case. You are entitled to be kept informed of the status of your case, and to be provided with copies of documents prepared on your behalf or received from the court or your adversary. You have the right to be present at court conferences unless a judge orders otherwise. You are entitled to make the ultimate decision on the objectives to be pursued in your case, and to make the final decision regarding the settlement of your case. Your attorney's written retainer agreement must specify under what circumstances he or she might seek to withdraw as your attorney for nonpayment of legal fees. Should your attorney seek to do so, or should you discharge your attorney for any reason, you have the right to obtain a release of your file. If an action is pending, the court may give your attorney a "charging lien", which entitles your attorney to payment for services already rendered at the end of the case out of the proceeds of your judgment. If no action is pending, and your withdrawing attorney retains possession of the file, the attorney must return it within thirty (30) days of withdrawal, but may then commence proceedings against you to recover any unpaid fee. *You are under no legal obligation to sign a confession of judgment or promissory note, or to agree to a lien or mortgage on your home to cover legal fees. Your attorney's written retainer agreement must specify whether, and under what circumstances, such security may be requested. In no event may such security interest be obtained by your attorney without prior court approval and notice to your adversary. An attorney's security interest in the marital residence cannot be foreclosed against you. *Note: This paragraph applies only while the lawsuit is pending. You are entitled to have your attorney's best efforts exerted on your behalf, but no particular results can be guaranteed. Receipt Acknowledged: Suzanne L. Brunsting, Esq. Client s Signature Date: 8