L AWYER -C LIENT A GREEMENT (H OURLY F EE )1

1 1. Parties. This Lawyer-Client Agreement (“Agreement”) is entered into by and between

2 _________________________________________________________(“Lawyer”), and
3 _________________________________________________________ (“Client”) as of the
4 latest date set forth below. There are no other parties whatsoever to this Agreement.

5 2. Scope of Representation. Client has engaged Lawyer in connection with

6 ________________________________________________________________________
7 (“Matter”). Lawyer’s representation is in connection with Matter only, unless otherwise
8 agreed in a signed writing.

9 3. Fees and Costs

10 a. Costs. Client will be responsible for all costs. Lawyer, however, may advance such
11 costs. As used herein, the term “Costs,” includes, but is not limited to, filing fees,
12 copying costs, deposition costs, computerized research costs, outsourced document
13 scanning/coding/indexing costs, travel expenses, expert fees, court costs, postage
14 expenses, witness fees, and reasonable interest paid by Lawyer to third-party lenders
15 to cover any cost advances.

16 b. Hourly Fee for Billable Time

17 i. Rates

18 (1) Lawyers. Client agrees to pay Lawyer at Lawyer’s regular hourly rate,
19 currently $__________ per hour, for all Billable Time incurred by
20 lawyers associated with Lawyer.

21 (2) Paraprofessionals. Client agrees to pay Lawyer at the hourly rate of

22 $___________ per hour for all Billable Time incurred by
23 paraprofessionals associated with Lawyer (including law clerks,
24 paralegals, research assistants and investigators). Paraprofessional

1
Disclaimer: Note that this is merely a model agreement that has not been reviewed, endorsed
or approved by the Louisiana State Bar Association, Louisiana Attorney Disciplinary Board or
Louisiana Supreme Court. You should always conduct your own research regarding the propriety
of any agreements with your clients.

Lawyer ____________ Client(s) ____________

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25 Billable Time includes, among other things, time incurred scanning

26 and electronically indexing documents.

27 ii. Billable Time. Billable Time includes all time spent on the Matter, including,
28 but not limited to, the following: legal research; drafting/reading email,
29 letters, pleadings and documents; telephone calls; consultations and
30 conferences with Client, witnesses, court personnel and other persons;
31 settlement negotiations; pretrial preparation; fact investigation; reviewing
32 materials; travel time; and, court appearances. All Billable Time will be
33 rounded up to the nearest one-tenth of an hour.

34 iii. Bills. Lawyer will bill Client either upon written request by Client or
35 periodically at Lawyer’s discretion. All bills are due and payable by Client
36 upon receipt. If a bill is not paid within thirty (30) days of receipt, simple
37 interest of 1% per month (or portion thereof) shall be charged by Lawyer
38 calculated from the date due and payable.

39 iv. Not a Contingent Fee. Client’s obligation to pay Fees and Costs is not
40 contingent on the outcome of the Matter and must be paid by Client
41 irrespective of the results obtained.

42 v. Advanced Deposit.

43 (1) Generally. Upon request by Lawyer, Client will pay Lawyer an

44 advanced deposit for Fees and Costs. Upon receipt, Lawyer will place
45 the advanced deposit in Lawyer’s client trust account and credit it
46 toward the final payment in this matter or, at the discretion of Lawyer,
47 toward interim periodic invoices. Lawyer may apply all or part of any
48 advanced deposit toward interim periodic invoices without further
49 authorization from or notice to Client. Any part of the deposit not
50 used at the conclusion of the case (after all Costs and Fees have been
51 paid) shall be refunded to Client. Lawyer shall fully account for all
52 funds held in trust at the conclusion of the Matter and Lawyer will not
53 provide interim accountings unless requested in writing by Client.
54 Any advanced deposit is neither the total fee in this Matter nor an
55 estimate of the total fee. Client’s failure to pay an advance deposit
56 upon request shall constitute good cause for Lawyer to terminate this
57 agreement and to withdraw from any further representation of Client.

Lawyer ____________ Client(s) ____________

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58 (2) Initial Advanced Deposit. Client will pay lawyer an initial Advanced
59 Deposit of $_______________, which is due on the Effective Date of
60 this Agreement.

61 vi. No Guarantees Regarding Total Fees and Costs. Lawyer has made no
62 promises or guarantees whatsoever as to the total Fees and Costs of the
63 Matter. Lawyer may make good-faith estimates regarding Fees and Costs, but
64 they are in no way binding.

65 4. Arbitration of All Lawyer-Client Disputes

66 a. Arbitrable Disputes. Any dispute, controversy or claim that may arise between
67 Lawyer and Client shall be resolved by arbitration administered by the American
68 Arbitration Association under the Commercial Arbitration Rules, Expedited
69 Procedures effective at the time of the dispute. Furthermore, any award rendered by
70 any arbitrator(s) may be entered in any court having jurisdiction thereof. Among
71 other disputes, the parties hereby agree to arbitrate the following:

72 i. Disputes Regarding Fees, Costs and Other Compensation. All disputes

73 relating to Costs, Fees, compensation or remuneration to Lawyer, including
74 but not limited to, disputes arising under the law of contract, unjust
75 enrichment, restitution and/or quantum meruit.

76 ii. All Other Disputes. All other disputes, including but not limited to, those
77 arising under the law of tort, contract, restitution and/or legal malpractice.

78 b. Miscellaneous Arbitration Provisions.

79 i. Responsibility for Costs and Fees of Arbitration. The nonprevailing party

80 shall pay all Costs incurred by the prevailing party. In addition, the
81 nonprevailing party shall pay the prevailing party for all billable time incurred
82 in connection with arbitration and with enforcement of any arbitration award,
83 whether such billable time is incurred by Lawyer, by Client or by a lawyer or
84 a law firm retained by the prevailing Lawyer or Client. The applicable rate for
85 billable time shall be the same as set forth above. See supra Billable Time.

86 ii. Informed Consent to Arbitration. Arbitration proceedings are ways to

87 resolve disputes without use of the court system. Lawyer and Client
88 understand that in agreeing to arbitrate, they are expressly waiving their
89 right to file any lawsuit in court and to any trial by a judge or a jury.

Lawyer ____________ Client(s) ____________

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90 These are important rights that should not be given up without careful
91 consideration. Lawyer and Client understand that this paragraph does
92 not prospectively limit Lawyer’s liability to Client in any way. Client is
93 advised of the desirability of seeking and is given a reasonable
94 opportunity to seek the advice of independent legal counsel regarding
95 this arbitration provision. To provide such opportunity, this paragraph
96 shall not be effective until 21 days after signing. If Client does not wish
97 this paragraph to become effective, Client shall within this 21-day period
98 provide written notice to Lawyer via certified United States mail, return-
99 receipt requested.

100 5. Retention, Delivery and Destruction of Files. Lawyer may scan and store all Client files in
101 electronic PDF format and may destroy all hard-copy (paper) files given to or received by
102 Lawyer immediately after scanning. Lawyer will store at Lawyer’s expense all relevant files
103 relating to Matter for a period of up to one (1) year following termination of Lawyer’s
104 representation and may thereafter destroy same without further notice to Client. In addition,
105 Lawyer will store all files relating to property of Client that Lawyer has held in trust for a
106 period of five (5) years and may thereafter destroy same without further notice to Client.
107 Client may request in writing that Lawyer make available to Client or the Client’s designee
108 any files in Lawyer’s possession. Within seven (7) days of receipt of such request, Lawyer
109 shall make Client’s files available for pick-up at Lawyer’s office.

110 6. No Guarantee. Client acknowledges that Lawyer has made no guarantee regarding the
111 disposition of any phase of this case. During the course of representation, Lawyer may
112 provide Client with his candid advice and professional predictions regarding how the Matter
113 may be resolved by a jury or other finder of fact. In so doing, Lawyer makes no guarantee
114 regarding the outcome.

115 7. Governing Law. This agreement shall be governed by the law of the State of Louisiana.

116 8. Complete Agreement, Amendment and Severability. This is the complete agreement between
117 Lawyer and Client with regard to matters addressed herein. Any changes or amendments to
118 this Agreement and any future agreement(s) as to Costs and/or Fees owed under this
119 Agreement must be set forth in a writing signed by the parties in order to be effective. There
120 are no oral agreements of any kind relating to Lawyer’s representation of Client. If any
121 portion of this Agreement, or any portion of any paragraph of this Agreement, is declared
122 invalid, the remaining portions shall be given full effect.

123 9. Electronic Signatures and Copies. Lawyer and Client agree that a digital signature shall be
124 effective to prove assent to the terms of this Agreement. Furthermore, Lawyer and Client
125 agree that the terms of this Agreement may be proved through an electronic facsimile,

Lawyer ____________ Client(s) ____________

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126 including a scanned electronic copy in Portable Document Format (“PDF”) or other digital
127 format, and that no “original” hard-copy document shall be retained by Lawyer to prove the
128 terms of this Agreement.

129 10. Notices. All notices shall be provided to the parties at the addresses, fax numbers or email
130 addresses set forth below.

131 11. Commencement; Effective Date. Lawyer will not begin work on Matter, has not been
132 retained by the Client, and is under no duty to represent the Client until Lawyer has signed
133 the Agreement and returned it to Client. Unless otherwise provided herein (i.e., arbitration
134 clause), this Agreement is effective as of the date of Lawyer’s signature. However, if Client
135 engages Lawyer, Client is responsible for any authorized Billable Time and Costs incurred
136 by Lawyer prior to the effective date.

137 12. Consultation and Informed Consent. By signing below, Client acknowledges that Client has
138 had the opportunity to discuss the terms of each paragraph of this Agreement with Lawyer.

139 13. Applicability of Louisiana Rules of Professional Conduct. Lawyer and Client understand that
140 Lawyer is bound by all provisions of the Louisiana Rules of Professional Conduct (“Rules”).
141 Any obligation arising under this Agreement that conflicts with Lawyer’s obligations under
142 the Rules shall have no effect.

143 Signed (either manually or digitally) as of the dates set forth below.

144

145 _________________________________ _________________________________

146 Lawyer Client
147
148 ________________________________ ________________________________
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150 _________________________________ _________________________________
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152 _________________________________ _________________________________
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154
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156 Date Signed: __________________ Date Signed: __________________
157

Lawyer ____________ Client(s) ____________

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158 * * * END OF LAWYER-CLIENT AGREEMENT * * *

Lawyer ____________ Client(s) ____________

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