The following document is presented as a sample of what to expect from an Attorney Retainer Agreement. This is a sample only.

This Agreement is entered into by and between the LAW OFFICES OF _________

, called "ATTORNEY" and _______________________ called "CLIENT". CLIENT hires LAW OFFICES OF , and any attorneys, law clerks, paralegals, and legal assistants, hired (as employees or independent contractors) now or in the future by the LAW OFFICES OF BLABLA WOLF WOLF, to do the following legal work:

WHO WORKS ON THE CASE

ATTORNEY has the right to bring in other lawyers to work on this case. Also, CLIENT gives the power for all lawyers, law clerks, paralegals, legal assistants and interns who are now working for ATTORNEY as employees or independent contractors or individuals who are hired in the future, to work on this case. -BLABLA WOLF WOLF or any other lawyer in the firm, will not perform any service for CLIENT unless it says so in this Agreement.

CASE CONTROL

CLIENT gives ATTORNEY the right to take all steps in this case that the ATTORNEY believes worth doing, including filing lawsuits or other legal papers. When ATTORNEY believes it is right to do so, ATTORNEY will give way to the CLIENT to make decisions.

RESULTS NOT GUARANTEED

CLIENT has been told, recognizes and understands that ATTORNEY has made No GUARANTEE promising the success or outcome of this case.

HOW FEES ARE PAID

CLIENT agrees to pay to ATTORNEY all legal fees figured as follows:

ATTORNEY does legal services and CLIENT agrees to pay to ATTORNEY, a minimum and a NON-REFUNDABLE RETAINER FEE of $ ____________. (This means CLIENT will not get the money back). This amount is a true retainer fee and its payment by CLIENT to ATTORNEY guarantees that the ATTORNEY will set time aside for this case. CLIENT understands that the non-refundable retainer allows ATTORNEY to limit the number of clients, giving more time for each client's case. CLIENT understands and agrees that ATTORNEY may deposit this retainer into ATTORNEY’S general bank account instead of a CLIENT trust account and that ATTORNEY may use all of it.

All legal work will be charged against the retainer. You will be billed at an hourly rate of $____________per hour. You will be billed at this rate anytime an?ATTORNEY works on your file, including but not limited to time spent writing, re-viewing and signing letters, file review, legal research, preparing or responding to interrogatories or other information gathering procedures, preparation of court papers, telephone or conference time with CLIENT, relatives, friends or other persons involved in the case, depositions, meetings with experts, travel time front the office and return, court appearances (which includes waiting time for a judge, the opposing attorney or a courtroom to open up and any other time spent and/or work performed relating to CLIENT's case.

AFTER HOURS AND RUSH WORK: Any legal services performed in the office between 5:30 p.m. and 7:30 a.m. or on weekends, holidays, or on a rush basis will also ?be charged at the rate of $?per hour.

ADDITIONAL FEES: CLIENT understands ATTORNEY uses assistants and paralegals to do quality legal work at a savings to CLIENT. CLIENT agrees that ATTORNEY also meets with staff and reviews their work. CLIENT agrees to pay. for that time. CLIENT will be billed for time spent by Paralegals at an hourly rate of $ ____________ and Legal Assistants at an hourly rate of $ ____________ and Law Clerks at an hourly rate of $___________. CLIENT agrees and understands that Paralegals, Law Clerks and Legal Assistants billing time includes that time spent in helping ATTORNEY working on CLIENT’S file as well as time spent with CLIENT in person or on the telephone and time spent photocopying papers or any other time spent on CLIENT'S file. CLIENT agrees and understands that conversations with bookkeepers, legal assistants or paralegals are not legal advice. However, in an attempt to keep costs down by ATTORNEY to relay information to CLIENT, CLIENT agrees that research and other work that ATTORNEY believes important may be done by a law clerk, paralegal, legal assistant or any other employee ATTORNEY believes able to do the work.FLAT FEE: Included in the retainer, CLIENT has paid the sum of $ ____________, which is a non-refundable flat fee used for one or more of the following: Survival Kit, file set up fee and normal postage. Over-night mail and more than normal postage that may be required will be charged to CLIENT as additional fees and is not covered by this flat fee. After this payment, client will not be charged f or the Survival Kit or file set up fees or postage (First Class mail) However, if ATTORNEY does not receive the sum of $____________ along with the retainer, CLIENT will be charged at the rate of $150.00 for the Survival Kit, $150.00 for file set up fees and postage (First Class rtail) as used.

FEES BEYOND RETAINER

CLIENT has read and understands that this Agreement calls for any and all fees to be figured on an hourly basis and that the total fee can and probably will be more than the retainer paid under this Agreement.

EXPERTS

The ATTORNEY may suggest using experts, such as investigators, appraisers, accountants, mental health professionals or social workers. CLIENT understands that it is CLIENT' s responsibility and CLIENT' s responsibility alone, to hire and pay for the experts. It is also CLIENT'S responsibility to keep ATTORNEY informed of the progress made by each expert throughout CLIENT'S case.

COMPUTER PROGRAM COSTS

If ATTORNEY, uses computer programs to help ATTORNEY and CLIENT in setting support, dividing property, preparing a Parenting Plan, Marital Settlement Agreement or other reason, CLIENT will be charged a $75.00 fee for each program used. This charge is f or use of the program only and does not include time spent by ATTORNEY or staff.

COURT REPORTER COSTS

Government Code Section 69947 (SB-26) requires all parties who wish to use a Court Reporter (the person who takes down the events that take place in court and makes a record and can transcribe these events into a written record), must pay for the Court Reporter at the rate of $155.48 per half day. Further, if you have your case heard in Department 113, which as aL tape machine, you will he charged $10.00 per hour after the first hour. CLIENT understands that this money has not been given to ATTORNEY. CLIENT will have to bring the $155.48 in cash to court any time CLIENT'S case is before the court. (CLIENT understands that the Court does not accept personal checks). CLIENT understands and agrees that if CLIENT does not bring the sum of $155.48 for each day CLIENT'S case is before the Court, CLIENT will have to waive the right to a Court Reporter which would make it difficult, if not impossible, to appeal any court orders or judgments.

MESSENGER COSTS

Any time ATTORNEY uses a messenger service to deliver or pick up papers to or from the court, another attorney or other places, a flat fee of $10.00 will be charged per trip.

PAYMENT OF COSTS

CLIENT agrees to pay all postage costs, including First Class and Overnight, as needed. costs include filing fees, service of papers, deposition and transcript costs, appraisals, parking, in addition to express nail, photocopying and faxing. CLIENT will be billed at the rate of $3.50 per page faxed or received. CLIENT will be billed for photocopies at the rate of fifty cents for each page copied. This charge includes staff time spent making copies. CLIENT understands that these monies are in addition to the retainer. ATTORNEY estimates that Court costs will be $ ____________. CLIENT has given to ATTORNEY $____________ towards costs. CLIENT

UNDERSTANDS THAT IT IS ATTORNEY'S POLICY NOT TO ADVANCE ANY COSTS. CLIENT BY SIGNING BELOW, UNDERSTANDS AND AGREES THAT NO PAPERS CAN BE FILED WITH THE COURT OR DEPOSITIONS SCHEDULED OR SERVICE OF PROCESS" MADE OR APPRAISALS OBTAINED UNTIL CLIENT HAS. DEPOSITED THE MONEY IN TO ATTORNEYS TRUST ACCOUNT. IF THERE ARE EMERGENCIES WHEN ATTORNEY ADVANCES ANY COSTS, CLIENT SHALL REIMBURSE ATTORNEY IMMEDIATELY UPON ATTORNEY'S REQUEST. FAILURE OF CLIENT TO REIMBURSE ATTORNEY MAY RESULT IN ATTORNEY WITHDRAWING FROM CLIENT’S FILE.

PAYMENT OF MONEY IN TRUST FOR COSTS

CLIENT gives the right to ATTORNEY to withdraw money from CLIENT's trust account, to pay back ATTORNEY for actual costs paid by the ATTORNEY. At the end of the case, CLIENT also authorizes ATTORNEY to withdraw money from CLIENT' s trust. account to reimburse ATTORNEY for unpaid legal fees.

BILLING

1. HOW BILLS ARE FIGURED: Bills will be figured in tenths of one hour. Each tenth of an hour equals six minutes.
2. MINIMUM BILLINGS: CLIENT understands that when ATTORNEY is in the office, ATTORNEY charges a minimum of two-tenths hours (12 minutes) for CLIENT's case, including telephone calls, except for reviewing and signing letters which will be billed for one-tenth hour.

WHEN BILLED

ATTORNEY will bill monthly for legal services. Bills will show the time spent on all work, the work that was done and the billing rate. The bill also shows any credits or money left on account as well as any money due now for work done on CLIENT's case.

WHEN PAYABLE

Bills are payable immediately when received. Bills not paid within thirty (30) days will be charged a late charge at a simple interest rate of eighteen percent (18%) per year,

CHANGES IN PAYING

If CLIENT wants to make partial monthly payments for ATTORNEY's fees, these arrangements MUST be agreed upon IN ADVANCE IN WRITTING, between ATTORNEY and CLIENT. Any arrangements for payment by CLIENT in monthly installments will require CLIENT to sign a Promissory Note.

CREDIT CHECK

If ATTORNEY agrees to accept monthly payments from CLIENT, a credit check will be necessary. Upon signing this Agreement, CLIENT gives ATTORNEY the right to do a credit check on CLIENT and obtain a -credit report.

BAD CHECKS

CLIENT agrees to pay a $20.00 service charge, in addition to any and all bank charges, if CLIENT writes a check that is returned for any reason whatsoever, including insufficient funds or stop payment order.

POLICY ABOUT NOT PAYING

This law firm is willing to arrange a reasonable payment plan for CLIENT after the initial retainer has been used up. However, if CLIENT refuses to pay the bill or make arrangements to pay the bill within thirty (30) days of the bill being sent, ATTORNEY will file a Motion to Withdraw at the earliest possible time and seek to collect fees and costs owed, plus any late charges due by collection or lawsuit.

BILLING REOUESTS AND COMPLAINTS

Unless CLIENT mails to ATTORNEY a written complaint about a bill within 30 days after the date on the envelope, that bill shall be totally acceptable to CLIENT and CLIENT shall pay the full amount without a complaint. CLIENT may ask for a bill at any time. ATTORNEY will mail a bill to CLIENT within 72 hours of any written request (holidays and weekends excluded).

ADDITIONAL SECURITY

1. ATTORNEY shall have the right to require CLIENT to pay an additional retainer or higher -monthly payments towards ATTORNEY's fees based on the amount of work which CLIENT's case is likely to cost in the future and how quickly the bill has been paid by CLIENT in the past. ATTORNEY shall also have the right to require CLIENT to give ATTORNEY security or more security, for past-due balances or future fees and costs. This could be a trust deed to a house or a "pink slip" to a car or truck. If this is asked of the CLIENT, the CLIENT has the right to ask another ATTORNEY to review the arrangement before CLIENT signs the Security Agreement or Deed. Also, ATTORNEY, before obtaining a Family Law Real Property Lien (FLRPL) on real property, must apply to the Court for permission before the lien becomes effective. Either an additional retainer, higher monthly payments or a form of security will be required if CLIENT's balance for services is more than $1,500.00.

LIEN

1. Should CLIENT receive any cash or property by-agreement, settlement or Judgment, or Order during or after CLIENT's case, such as money from the sale of a house, business, etc., CLIENT agrees to have this money deposited into ATTORNEY's trust account and CLIENT gives ATTORNEY authority to pay any balance due ATTORNEY out of this money before transferring the balance to CLIENT. CLIENT agrees that ATTORNEY may file and record this LIEN and/-or file this Agreement.
2. In case this Agreement is ended and attarney's fees and/or costs are owed by the CLIENT, ATTORNEY shall have a lien on all property or assets of CLIENT to secure the fees and/or costs.

INSURANCE DISCLOSURE

Per Section 6147 of the Business and Professions Code, notice is hereby given that ATTORNEY does maintain Errors and Omissions insurance coverage applicable to the services to be rendered.

ARBITRATION/SMALL CLAIMS COURT

Both ATTORNEY and CLIENT agree to resolve all fee disputes by binding arbitration before the Kern County Bar Association or California State Bar Arbitration Program, except for fee disputes in Small Claims Court.

________________________
Attorney's Initials ?Client's Initials

PROFESSIONAL RELATIONSHIPS

ATTORNEY understands that it is the wish of the CLIENT to have ATTORNEY represent CLIENT only so long as CLIENT is totally satisfied with the services done by ATTORNEY and the fees and costs charged by ATTORNEY. CLIENT agrees and it is the wish of ATTORNEY to represent only CLIENT's who:

1. Are satisfied with the services of ATTORNEY;
2. Does what the ATTORNEYS tell CLIENT to do; and
3. Pays ATTORNEY for legal work and court costs spent.

ATTORNEYS RIGHT TO WITHDRAW

CLIENT understands that he or she has the right to have the ATTORNEY, on CLIENT's request, get out of the case by requesting that ATTORNEY sign a form called SUBSTITUTION OF ATTORNEY. CLIENT also understands that when this happens, the CLIENT will receive the original file from the ATTORNEY and that the ATTORNEY can only keep the original notes or personal papers.

ATTORNEY believing that he or she also has the right to get out of the case, will ask the CLIENT to sign the SUBSTITUTION OF ATTORNEY FORM, if. any of the following problems happen:

1. CLIENT wants to do or suggests a criminal or illegal act; or
2. ATTORNEY discovers CLIENT has used ATTORNEY'S services to do an illegal act; or
3. CLIENT insists that ATTORNEY do something that is unethical or is unwise; or
4. If CLIENT and ATTORNEY do not get along to the point that they mistrust each other; or
5. CLIENT does not talk or write to the ATTORNEY; or
6. If CLIENT's bill goes unpaid for a period over 30 days beyond the due date; or
7. CLIENT refuses to accept or offer a settlement which ATTORNEY believes is reasonable; or
8. CLIENT does not follow ATTORNEY's advice.

ATTORNEY will NOT file a SUBSTITUTION OF ATTORNEY FORM or MOTION TO WITHDRAW AS ATTORNEY unless the following protections have been made:

1. ATTORNEY gives CLIENT enough notice to get a new ATTORNEY;
2. ATTORNEY delivers to CLIENT all papers and property belonging to CLIENT.
3. ATTORNEY acts to keep CLIENT safe from possible harm by an upcoming court hearing or other action by obtaining a continuance.

If the CLIENT refuses to sign the SUBSTITUTION OF ATTORNEY FORM when asked within ten (10) days, the ATTORNEY has the right to file a MOTION To WITHDRAW as ATTORNEY.

It is the right of the CLIENT to substitute ATTORNEY out of CLIENT's

case at any time. CLIENT realizes that a Substitution has NO EFFECT ON THE FEES AND COSTS IN THIS AGREEMENT.

After this Agreement is ended by Substitution or Motion to Withdraw, ATTORNEY has the right to have a copy of CLIENT's file and will have the right to charge CLIENT $ ____________ per page.

APPOINTMENTS ONLY

CLIENT understands that the ATTORNEY usually sees CLIENT after making an appointment, except emergencies. Walk-in appointments are not made, unless an emergency. CLIENT understands that ATTORNEY May from time to time have to change appointments and that this will be done at the earliest possible time. CLIENT further understands that ATTORNEY may have to change an appointment at the last minute Due to unforeseen circumstances. ATTORNEY apologizes in advance for any and all inconveniences this may cause CLIENT. ATTORNEY would appreciate CLIENT notifying ATTORNEY of any appointments CLIENT is unable to keep.

CLIENTS RIGHT TO WITHDRAW

CLIENT understands that CLIENT may end this Agreement, with or without cause, in writing to ATTORNEY. ATTORNEY shall return the CLIENT's original file promptly after this Agreement ends.

CLIENT understands that CLIENT has the right to talk to another lawyer before signing this Agreement. CLIENT agrees that no legal work will be Performed by ATTORNEY until the retainer fee is paid in full.

RIGHTS OF CLIENT TO INDEPENDENT REVIEW

CLIENT understands that there are to be no additions, strike outs, changes or waivers of any kind whatsoever to this Agreement unless the change is in writing and signed by both ATTORNEY and CLIENT. Further, CLIENT understands that this Agreement applies to this case only, not to other cases or legal problems.

ACTIONS NOT COVERED BY THIS AGREEMENT

Some events not covered by this agreement are post-judgment motions, motions to set aside or vacate judgment, notions for new trial or any other actions of any kind filed after the divorce judgment, including actions to secure or protect retirement benefits. CLIENT also understands that contempt actions are not covered by this Agreement regardless of whether they are pre or post-judgment.

Further, CLIENT understands that bringing or defending appeals are not covered by this Agreement regardless of when the need for such actions may arise.

INCREASE IN HOURLY RATES

CLIENT understands and agrees that ATTORNEY may change the hourly rates during the term of this Agreement by giving CLIENT thirty

(30) days notice In advance in writing.

WHY SUCH A FORMAL AGREEMENT?

We regret that this retainer rust be so formal, but it is important f or you to understand that you and we are. entering into a professional business relationship. We feel it is important that you fully understand all of the terms of our relationship as this understanding will give both you and us a firm foundation for our relationship.

CLIENT swears or affirms that he or she has read, understands and agrees to this contract and has been given a copy of it.

DATED: _______________________________________

By: ___________________________________________

CLIENT: _______________________________________