THESE ARE THE AGREEMENT TERMS BETWEEN CLIENT (PERSON WE WILL REPRESENT AND FILLING OUT THIS FORM) AND OUR OFFICE
THERE ARE TWO SECTIONS OF TERMS, SECTION (I) ARE TERMS APPLICABLE TO ALL CASES. SECTION (2) ARE TERMS THAT ARE ONLY APPLICABLE IF IT COVERS THE AREA OF REPRESENTATION YOU HAVE SELECTED.
AGREEMENT TERMS SECTION I - APPLICABLE TO ALL CASES
This agreement is entered into between Francisco J. Rodriguez, as Attorney, and CLIENT WHO FILLS OUT THE INFORMATION ON THIS FORM, Attorney agrees to represent Client in connection with Client’s matter described in paragraph two (1) of this agreement or area selected by the Client. The client hereby authorizes the Attorney to act and negotiate on the Client’s behalf and to act in the Client’s absence regarding the case. This is a true retainer as the Client is reserving Attorney’s personal time and using the Attorney's level of trial experience to deal with this matter. The Attorney agrees to set aside other matters in order to personally be available for this case. An attorney will perform the legal services called for under this Agreement, utilizing his best professional abilities for the best possible result in the case, keeping the Client reasonably informed of any progress or developments in this matter. Attorney agrees to notify Client promptly of all significant developments in handling the Matter and to consult with Client in advance as to any significant decisions relating to those developments. The Attorney agrees that no dismissal or settlement will be made without the consent of the Client. The client will be truthful and cooperative with the Attorney; keep the Attorney informed of the Client's address, work, and residence telephone numbers, whereabouts, return Attorney telephone calls and correspondence, and make any payments required by this agreement in a timely fashion.
1. LEGAL SERVICES TO BE PROVIDED
The legal services to be provided by Attorney is described below in the Agreement Terms section (II) as selected by the Client from the dropdown many below.
Extraordinary motions, paperwork, and appearances difficult to anticipate are subject to the Attorney’s hourly fee of $450.00 Attorney will notify the Client of any proceedings not covered by this contract that will require payment of additional fees IN ADVANCE. If the Client wishes the Attorney to provide any additional legal services, a separate agreement between the parties will be required. Should the client terminate this agreement prior to the conclusion of the work the aforementioned hourly fee will be applied to all work performed.
2. LEGAL SERVICES SPECIFICALLY EXCLUDED
Legal services that are not to be provided by The attorney under this agreement specifically include, but are not limited to, the following: COSTS OF FILINGS, COST OF RECORDS OR TRANSCRIPT FEES, INVESTIGATION COSTS. EXPERT OR WITNESS FEES. JUDGMENTS, FINES OR SANCTIONS IMPOSED BY THE COURT ARE ALWAYS THE CLIENT’S RESPONSIBILITY.
3. LEGAL FEES AND BILLING PRACTICE APPLICABLE
The client agrees to pay the attorney an amount that will be sent to the client by Attorney on a SEPARATE EMAIL OR TEXT listing the amount to be paid and how it will be paid. Payment of the fee constitutes an indication that the client has agreed to the fee for the representation and all applicable terms herein. Payment of attorney’s fee is a flat non-refundable “true retainer fee” as defined in Rule 3-700(D)(2) of the State Bar Professional Rules of Responsibility. The Firm limits the volume of cases accepted and the fee is therefore paid to secure the Firm’s availability. The fee is therefore earned upon receipt by the Firm. If it is necessary for any reason to determine lawyers’ hourly rates, it is understood that our hourly Attorney fee is billed at $450.00 per hour, and his work would be calculated at that rate if necessary.
Under the Rules of Professional Conduct, you have the right to have the amount paid as a flat fee deposited in a bank account labeled “TRUST ACCOUNT.” The California Rules of Professional Conduct allows an attorney to deposit this amount, however, in the law firm’s operating account, provided that you are aware that:
(i) you have the absolute right to have the amount deposited in a TRUST ACCOUNT until the fee is earned;
(ii) you consent in writing to allow the legal fees to be deposited in my law firm’s operating account; and
(iii) you are entitled to a refund of any amount of the fee that has not been earned in the event the representation is terminated or the services for which the fee has been paid are not completed.
4. COSTS AND EXPENSES
The Client is responsible and will pay all costs in connection with the Attorney's representation of the Client. For any substantial cost item, the Attorney may, at his option, require that the Client make an advance payment. Costs include, but are not limited to, transcript preparation costs, investigator fees, expert witness fees (chemical test expert, toxicologist), urine/blood ethanol, drug re-testing or typing, DNA costs, etc.
5. DELINQUENT PAYMENT
If a payment plan exists and the Client is delinquent in payment of any fee, cost deposit, or if the Client’s check is dishonored, the Attorney will ask the Court for an order to withdraw from the Client’s case and /or begin collection proceedings. There is a $75.00 dollar return check fee charged by our office. The client agrees to pay one and one-half percent (1.5%) interest per month on all delinquent payments and the Client agrees to pay any collection fees and /or Attorney’s fees incurred in the event of late or non-payment of fees.
6. DISCLAIMER OF GUARANTEE
The client acknowledges and understands that the Attorney has made no promises regarding the outcome of the matter and that the Attorney cannot guarantee any result. We do not carry malpractice insurance.
7. TERMS AND EFFECTIVE DATE OF AGREEMENT
This agreement will take effect when the Client has submitted this electronic agreement form to the firm and payment as agreed between the Client and Attorney, by email or text, has been made. This electronic form is the entirety of this agreement. No additions are allowed unless in writing and by consent of both parties.
8. CLIENT’S FILE RETENTION
Attorney and Client agree that Attorney will hold onto Client’s physical file for a maximum of five (5) years by the signing of this agreement, at which time Client’s file will be destroyed. The five-year period begins on the date the case resolves in Criminal Court. Once the five-year period has elapsed, the physical file will be destroyed, and a digital copy will be uploaded and stored. The uploaded file will be available for later use if the client so requests. No notice, other than this agreement, will be provided as to the date of destruction. If the Client would like a copy of his or her file at any time during the Client’s criminal case he or she may receive a copy of the file (subject to limitations of Marcy’s Law). There is no charge for a first copy of the Client’s file for Client. Only Client, or anyone authorized by law, may receive Client’s file (Attorney in Fact, Attorney in Law, or Court order). Any third person may receive a copy of the Client’s file so long as the Client has given permission to Attorney in writing and subject to the limitations of Marcy’s Law, any other law, and the one copy for free limitation.
AGREEMENT TERMS SECTION (II) - APPLICABLE ONLY TO THE SPECIFIC REPRESENTATION REQUESTED
IN ADDITION TO THE ABOVE TERMS BEING APPLICABLE TO ALL REPRESENTATION REQUESTS, THE FOLLOWING TERMS ARE APPLICABLE TO SPECIFIC TYPE OF REPRESENTATION YOU HAVE REQUESTED
TERMS FOR PRE-FILE INVESTIGATIONS
The Attorney will represent the Client in any type of investigation requested by the client before any case is filed in court. The goal is to have the Attorney do everything legally and ethically possible to avoid a case in Court. The fee for this representation is a flat fee. The representation will last for a year where the Attorney will follow up with the proper authorities to check the status of the investigation, communicate with anyone necessary by telephone, and be ready to respond should an arrest occur. The fee for this type of representation is a “True Retainer” (non-refundable) and Attorney will make himself available to the client as reasonably needed.
TERMS FOR TOW HEARING
The Attorney will represent the client in making all attempts to retrieve a release for the vehicle from the impounding agency. The client is typically allowed a hearing on the issue of early release. The attorney will represent the client at the hearing to attempt to acquire an early release of the vehicle. The representation will only cover one hearing and thereafter telephone and letter communication with tow yard to attempt release.
TERMS FOR RESTRAINING ORDER (RO)
The Attorney will represent the Client in one hearing leading to a decision by the Court on the issue of acquiring or fighting a restraining order in Court. The Attorney will also handle all telephone communication as reasonably needed about the matter with any other person or parties. The attorney will do everything possible to either acquire the Restraining Order or keep the client from getting one depending on what the client’s situation may be. Once the Court issues the order after hearing the representation terminates.
TERMS FOR DMV HEARINGS (applies to all type of hearings with DMV)
The Attorney will represent the client at the DMV for ONE hearing on the issue of suspension. The Suspension may be related to a DUI arrest, Negligent Operator, Lack of Skills hearing, Medical suspension, Negligent operation of a vehicle causing death, or for representation in an age-related DMV suspension. For all matters, Attorney will allocate a reasonable amount of time as determined by the Attorney with the client to prepare for the hearing. The attorney will also attend the hearing and do everything legally and ethically possible to avoid the suspension for the client. Once the DMV has issued a ruling on a hearing the representation will terminate.
TERMS FOR PROFESSIONAL LICENSE REPRESENTATION
The Attorney will represent the Client at the Due Process Hearing and assist the client in preparing a defense for the hearing. The attorney will devote a reasonable amount of time as deemed necessary by the Attorney to prepare for the hearing. The representation will include telephonic and writing communications with any person or party involved in the matter as well as the Court of Administrative Hearings. Once the Court of Administrative Hearings has issued a final decision on the case the representation will terminate.
TERMS FOR PRE-TRIAL REPRESENTATION IN CRIMINAL MISDEMEANOR CASE
The Attorney will represent the client on the misdemeanor case in Court and do everything possible to acquire the best outcome on the case before reaching the trial phase of the case. No promises are made as to the outcome of your case. The representation will include all “pre-trial” court appearances and pretrial motions but does not include representation in any part of the trial phase of the case.
TERMS FOR PRE-TRIAL REPRESENTATION IN FELONY CRIMINAL CASE
The Attorney will represent the Client in all pretrial aspects of the case and do everything possible to attain the best outcome of the case before reaching the trial phase in the case. This includes all pretrial motions and preliminary hearings and pretrial motions. The representation does not include covering any aspect of the case during the trial phase of the case.
TERMS FOR TRIAL IN ANY CRIMINAL CASE
The Attorney will represent the client during the trial phase of the case, including trial if necessary. The fee for trial is earned upon payment as it assures that the Attorney will be personally available to handle the client’s trial. The fee is earned for trial even if the case is dismissed before trial, the client decides to accept an offer before trial or the Court of District Attorney dismisses the case. The trial representation will only cover the appearance and preparation of the Attorney to handle, conduct and manage the case during the trial phase of the case.
TERMS FOR DMV WRITS AND OTHER WRITS
The Attorney will represent the Client in the Superior Court only, for a DMV writ challenging a suspension or for challenging a ruling by a court or administrative tribunal. The representation will include all writ preparation and filings, communication with all involved parties, and appearance at the trial and or final hearing on the Writ. The fees for filing papers with the court remain the Client’s responsibility. The representation terminates once the court issues a final ruling. The Writ will be either in the Superior Court or the Court of Appeals depending on jurisdiction and will only cover one level of the jurisdiction (Writs to the Superior Court will only be represented at that level, Writs to the Court of Appeals will only be represented in that Court.)
TERMS FOR APPEALS. (Covers both civil and criminal appeals)
The Attorney will represent the client for either a civil or criminal appeal. The appeal representation will cover an appeal only to the Superior Court Appellate Division if the appeal involves a misdemeanor or a civil appeal that goes to the Superior Court the representation will only be in the Superior Court. If the appeal is to the Court of Appeals then the representation will be in that Court only. All preparations and briefing will be covered by the Attorney. The attorney will also argue, if deemed necessary or allowed, at the hearing on the Appeal.
TERMS FOR PETITIONS FOR REVIEW TO THE CALIFORNIA SUPREME COURT
The Attorney will represent the client in the Petition for Review with the California Supreme Court. The representation will be limited to this Court. All preparations and briefing will be covered by the Attorney. The attorney will also argue, if deemed necessary or allowed, at the hearing on the Petition.
WRITE A LETTER ON MY BEHALF
The attorney will write one letter on behalf of the client and handle communication about that letter on behalf of the client to attempt to resolve whatever legal issue is being addressed in the letter. The representation will end at the conclusion of 3 hours of work.
RESEARCH A LEGAL ISSUE
The attorney will research any legal issue for the client. The fee will be an hourly fee of $500.00 for this type of request. The attorney will conduct the number of hours in legal research and advise the client on the issue from the research conducted.
EXPUNGEMENT OF CONVICTION OR ARREST RECORD
The Attorney will file all appropriate and required papers with the Court to request that either a conviction be expunged or an arrest be removed from the record. There is no guarantee that the Court will grant such petitions but we will do everything legally possible to get the Court to approve the petition. Most Expungement and or arrest record requests to erase are granted. Attorney has disclosed to the Client that an expungement of a criminal conviction will allow the Client to state to any private employer or entity that the conviction for which any expungement is granted never occurred. For public employment and or licensing, the convictions must still be disclosed to such entities despite the expungement being granted.