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Florida Jur Forms Legal and Business Database updated September 2009 Contracts Chapter 20. Employment II. Forms B. Agreements Involving Particular Employments 2. Professionals a. Attorneys Summary Correlation Table 20:54. Attorney's flat fee agreementDissolution of marriage proceeding This agreement is made between ____________, of ____________[address], City of ____________, County of ____________, State of Florida, referred to as "client," and ____________,of ____________[address], City of ____________, County of ____________, State of Florida, referred to as "attorney." SECTION I. PURPOSE OF EMPLOYMENT Client employs attorney as attorney and counselor at law to file a complaint for dissolution of marriage against client's spouse in the proper court, to pursue such complaint to its ultimate conclusion, and to represent client in all related proceedings. SECTION II. COMPENSATION OF ATTORNEY Client will pay attorney as follows: 1. The total fee to be charged client for legal services to be performed by attorney is $____________. 2. In the event client withdraws the complaint or the parties reconcile after the date of this agreement, client agrees to pay counsel a fee calculated at the rate of $____________ per hour, with a maximum of $____________. 3. Upon the execution of this agreement, client agrees to pay attorney the amount of $____________ as retainer fee. The balance of the fees as agreed upon in paragraph 1 will be paid upon the issuance of a judgment

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of dissolution. In the event the petition is withdrawn or the parties reconcile after the date of this agreement, attorney will deduct the amount of hourly fees earned, and if there is an unexpended balance, refund to client any unearned balance out of the retainer fee. If the retainer fee is insufficient to pay for such hourly fee, client will immediately pay the difference. SECTION III. EXPENSES 1. Client authorizes attorney to employ other persons or entities as may be needed by attorney in handling the dissolution proceedings, including, but not limited to, investigators and expert witnesses. Client agrees to pay for the fees of such persons or to promptly reimburse attorney in the event attorney has advanced the fees for such persons. 2. Client authorizes attorney to incur all necessary expenses in connection with the dissolution proceedings, including, but not limited to, court costs and expenses for filing and serving papers, messenger expenses, long-distance telephone calls, copying and obtaining copies of materials, certifications of documents, transcripts, travel expenses, and other out-of-pocket expenses. Client agrees to pay for such expenses and agrees to promptly reimburse attorney in the event attorney has advanced such expenses. 3. Client will deposit with attorney, upon the execution of this agreement, the amount of $____________ to cover the fees and expenses provided for in paragraphs 1 and 2 of this Section. In the event the deposit becomes depleted, client agrees to promptly replenish it. Such deposit shall bear no interest. SECTION IV. EXCHANGE OF INFORMATION Attorney agrees to inform client from time to time as to the status of all matters handled by attorney. Attorney agrees to make available to client for reading in attorney's office during office hours all written materials prepared, sent, or received by attorney pertaining to the dissolution proceedings. Copies of such materials will be provided to client, upon client's request, and at client's expense. Client agrees to provide attorney with all information known by or available to client which may assist attorney in handling the dissolution proceedings. SECTION V. CONFLICT OF INTEREST Attorney agrees not to accept any employment which directly conflicts with the interests of the client in connection with the dissolution of marriage proceeding. SECTION VI. TERMINATION OF EMPLOYMENT The relationship established by this agreement may be terminated as follows: 1. Client may terminate employment of attorney for cause if attorney fails to diligently comply with attorney's obligations under this agreement, by notifying attorney in writing of such termination. In the event of such termination, client shall pay attorney for all attorney's fees on an hourly basis as provided in Section Two, paragraph 2, and for fees of other persons and expenses incurred in connection with the dissolution proceedings up to the time of such termination. Attorney shall not be entitled to any further compensation. Attorney will refund any unearned portion of the retainer fee and any unused portion of the deposit. If the retainer is insufficient to pay the attorney's fees or insufficient to cover the fees and expenses incurred, client will pay the shortage. 2. Client may terminate the employment of attorney without cause, by notifying attorney in writing of such termination. In the event of such termination, client agrees to pay attorney for all fees that attorney would have

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been entitled to receive if this agreement had not been terminated. Client also agrees to pay the fees for other persons employed by attorney and for all expenses incurred by attorney in connection with the dissolution proceedings. 3. Attorney may terminate this agreement if client fails to comply with its terms and conditions, by notifying client in writing of such termination. In the event of such termination, client shall pay attorney for all fees earned and expenses incurred by attorney up to the time of the termination in connection with the dissolution proceedings. 4. This agreement will automatically terminate upon the death of either party. In such event, client or client's legal successors will pay attorney or attorney's legal successors the amount earned by attorney up to the time of the death and pay all other fees and expenses incurred by attorney in connection with the proceedings up to the time of the death. SECTION VII. ARBITRATION In case of disagreement between the parties respecting this agreement, the dispute shall be referred to arbitration. Each party shall appoint an arbitrator and the two parties together shall select a third arbitrator. The decision of a majority of the arbitrators shall be final and binding between the parties. The costs of arbitration shall be borne equally between the parties. SECTION VIII. ATTORNEY'S LIEN Attorney shall have a lien on client's files and records to insure the satisfaction of all of client's obligations under this agreement. SECTION IX. ENTIRE AGREEMENT This agreement contains the entire agreement between the parties respecting the matter involved in this agreement. This agreement shall not be modified except by written agreement signed by the parties. In witness, the parties have executed this agreement at ____________[designate place of execution], on ____________[date]. [Signatures] Notes Drafter's Notes (See notes following 20:64) Tax Notes Corporations are presumed to be operated for the purpose of producing income and therefore all expenses, as opposed to capital expenditures, are deductible as ordinary and necessary costs of doing business. IRC 162(a)(1). Deductibility usually includes the cost of legal advice so long as it is not part of a capital transaction. Attorney's fees incurred in connection with acquiring a building or a business, for example, are not deductible, but must be capitalized as part of the tax basis of the acquisition.

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Section V. Drafter's Notes Some clients may wish to have the same attorney represent them in a dissolution proceeding to save time and legal costs. An attorney who agrees to such representation should discuss the conflict-of-interest issue with both parties. It should be made clear that there is a conflict of interest and that either party is free to consult and/or use another attorney. It should also be pointed out that if the proceeding were later to be contested before a judge, the division of assets and the amount of alimony may differ. Westlaw. 2009 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. FL LF 20:54 END OF DOCUMENT

2009 Thomson Reuters. No Claim to Orig. US Gov. Works.