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Except as modified by the
accompanying engagement letter, the following provisions will apply to
the relationship between the Law offices of Darin H. Mangum, PLLC (the
“Firm”) and our clients:
(1) The time for which a client will be
charged will include, but will not be limited to, telephone and office
conferences with a client and counsel, witnesses, consultants, court
personnel, and others; conferences among our personnel; factual
investigation; legal research; responding to clients' requests to
provide information to auditors in connection with reviews or audits of
financial statements; drafting of letters, pleadings, briefs, and other
documents; travel time; waiting time in court or elsewhere; and time in
depositions and other discovery proceedings.
(2) In addition to our fees, we will be
entitled to payment or reimbursement for disbursements and other charges
incurred in performing services such as photocopying, messenger and
delivery, air freight, computerized research, videotape recording,
travel (including mileage, parking, airfare, lodging, meals, and ground
transportation), long distance telephone, telecopying, word processing,
court costs, and filing fees. To the extent we directly provide any of
these services, we reserve the right to adjust the amount we charge, at
any time or from time to time, as we deem appropriate, in light of our
direct costs, our estimated overhead allocable to the services, and
outside competitive rates. Unless special arrangements are made, fees
and expenses of others (such as experts, investigators, witnesses,
consultants, and court reporters) and other large disbursements will not
be paid by our firm and will be the responsibility of, and billed
directly to, the client.
(3) Although we may from time to time for
a client's convenience furnish estimates of fees or charges that we
anticipate will be incurred on a client's behalf, these estimates are
subject to unforeseen circumstances and are by their nature inexact. We
will not be bound by any estimates except as otherwise expressly set
forth in the engagement letter or otherwise agreed to by us in writing.
Unless otherwise agreed, our standard hourly rate is $150.00 per hour.
Credit given in exchange for services not redeemable for cash.
(4) Fees, disbursements, and other
charges will be billed monthly and are payable upon presentation. We
expect prompt payment. A late charge of 10% of the outstanding balance
will be imposed on any billed amounts that remain unpaid for 30 days,
interest to accrue thereafter at a rate of 1.8% compounded monthly. Fees
paid via VISA or MASTERCARD will be subject to a 3% finance surcharge.
Fees paid via AMERICAN EXPRESS will be subject to a 5% finance
surcharge. A $25.00 fee will be assessed for all returned checks.
(5) A client shall have the right at any
time to terminate our services and representation upon written notice to
the Firm. Such termination shall not, however, relieve the client of the
obligation to pay for all services rendered and disbursements and other
charges made or incurred on behalf of the client prior to the date of
termination.
(6) We reserve the right to withdraw from
our representation with the client's consent or for good cause. Good
cause may include the client's failure to honor the terms of the
engagement letter, the client's failure to pay amounts billed in a
timely manner, the client's failure to cooperate or follow our advice on
a material matter, or any fact or circumstance that would, in our view,
impair an effective attorney-client relationship or would render our
continuing representation unlawful or unethical. If we elect to do so,
the client will take all steps necessary to free us of any obligation to
perform further, including the execution of any documents (including
forms for substitution of counsel) necessary to complete our withdrawal,
and we will be entitled to be paid for all services rendered and
disbursements and other charges made or incurred on behalf of the client
prior to the date of withdrawal. |