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SPIEGEL LAW GROUP, P.C.

109 W. C St., Ste. C San Diego, CA 92101

FEE AGREEMENT - CRIMINAL CASE


This agreement is entered into between_____________________________ (Client), _______________________________(Third Party), and the Firm for the Firm to represent ______________________________, (Client), in the following criminal case. Client hereby agrees to be cooperative and truthful with Firm, to keep Firm advised of developments, to abide by this contract and keep Firm advised of any change in Clients physical address and telephone numbers, i.e., residence and employment. _____1. SCOPE OF SERVICES: The Firm will represent Client in only the following matters:_________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Client understands that the representation is limited to matters set forth above, and any additional representation for any other legal matter shall require a separate written agreement between the Firm and the Client. Legal services include telephone conferences with you, opposing counsel, witnesses and/or any other interested party or other relating to your case, legal research preparation and all writing and incidental correspondence necessary to represent you. Representation of Client is limited to the resolution of the case and DOES NOT INCLUDE AN APPEAL, filing a Notice of Appeal, appellate work, any re-trials or mistrials if your matter is reversed on appeal, or results in any decision wherein the case must be retried, or any civil cause of action unless Client and Firm agree in writing by executing a separate written agreement describing the additional services _____2. LEGAL FEES: For representation as described above the Firm and Client agree to legal fees of $___________. Legal fees will be paid pursuant to the attached payment schedule. _____3. SCHEDULE OF PAYMENTS: _________________________ hereby agrees to pay the Firm according to the schedule set forth below. If payment is to be made by credit card payee hereby authorizes the Firm to charge payees credit card on the scheduled date for the scheduled amount. The credit card to be charged shall be the credit card used by payee for initial retainer fee payment. Payment made by other methods of payment will be the sole responsibility of client or third party payee. Amount $__________ Date ________ Amount $__________ Date ________

Payment 1

Payment 2

Payment 3 Payment 5 Payment 7

$__________ $__________ $__________

________ ________ ________

Payment 4 Payment 6 Payment 8

$__________ $__________ $__________

________ ________ ________

_____ 4. FLAT FEE: Flat Fee means that the legal fees will not be increased or decreased depending upon the amount of work required to complete the above described scope of representation. The Firm agrees to set aside time to diligently handle this case. Thus, the firm will not be billing the Client by the hour for services. The payment of the above legal fees is not conditioned on the outcome of the case. The Firm also uses a flat fee because the firm assumes the risk that they will do more work than planed without additional compensation. Because we are unlikely to be relieved of our professional obligations once we become your attorney of record, the legal fee is a flat fee. However, the client has the right to discharge the firm and if that occurs, all, part, or none of the legal fees may be refundable. If the firms representation ends before the scope of services is completed, the fee deemed to be earned shall be in compliance with California Rules of Professional Conduct Rule 3-700, and Rule 4-200 except that in no event will the fee exceed the amount of the flat fee. If the client chooses to discharge the firm prior to the completion of the scope of services, any notice from the client to the firm shall be in writing or conveyed by a written substitution of counsel so that there is a written confirmation to confirm the clients intent. The Client understands that if a substitution of counsel is not immediately provided and approved by the Court, then the firms representation must continue until the Court grants permission for the firm to withdraw. If the client so chooses to terminate the services of the firm, client will be billed for the time spent working on the case, using attorney and staff hourly billing rates. The rate for attorney will be $350/hr. and the rate for staff will be $75/hr. Client will receive a detailed billing report upon termination. If the client has paid any or all of the flat fee to firm prior to termination, the fee owed under the hourly billing calculation will be taken out of the monies already paid to firm. It is understood that the client specifically authorizes the firm to deposit the funds in the firms general operating account and funds will not be held in trust. The terms of this agreement are subject to applicable rules of professional conduct. If client or third party defaults in their obligation to pay the firm for legal services actually performed pursuant to this agreement, they agree to pay reasonable attorneys fees incurred to enforce this agreement. _____5. COSTS AND EXPENSES NOT INCLUDED IN LEGAL FEES: Client understands and agrees that the above legal fees do not include costs that the Firm may incur during the representation of Client. Outside costs that are not included in the legal

fees may include expert witnesses, transcripts, private investigation costs, and other miscellaneous costs reasonably associated with the representation of Clients case. Client agrees to remit funds to the Firm necessary to cover these costs and authorizes Firm to disburse such funds to pay for the services set forth in this paragraph. Client authorizes Firm to incur any of the above costs if the Firm feels they are needed for representation. _____6. NO EXPRESSED GUARANTEE, PREDICTION OF RESULT OR ACCOMPLISHMENT: Client acknowledges that no person(s) employed by the Firm have made any guarantees, promises, predictions or statements that have been understood as a guarantee regarding the disposition or result of any case or phase of the abovereferenced matter. The Firm and or its agents, servants, or employees make no promises, guarantees, or predictions. There are no guarantees of outcome, or any other guarantees in the practice of law. _____7. LEGAL ASSISTANTS ARE NOT ATTORNEYS: I understand that legal administrator _____________________ is not an attorney. At no time was I under any impression he/she or any other legal administrator was an attorney or in any way qualified to give legal advice. Legal administrators and legal assistants are not attorneys and are acting under the supervision of the Firms attorneys. I understand that Legal Administrators and Legal Assistants are not attorneys and are acting under the supervision of the Firms attorneys. The Client met with the following attorney who approved this agreement:_______________________________.

_____8. NO OTHER AGREEMENTS, COMMENTS OR EXPECTATIONS: It is understood that in the process of shopping for an Attorney, the client may have spoken to other firms or other individuals with this firm. However, client agrees that they have now been advised at the time of signing this agreement, that there are no other agreements, expectations of good results, or any comments made by anyone in which the client now relies upon, unless they are included in writing in this agreement. _____9. OUR RIGHT TO WITHDRAW: The Firm has the right, at its discretion, to withdraw from Clients case if Client has misrepresented or failed to disclose material facts to us, if you fail to follow our advice or cooperate with us, if you fail to comply with your financial obligations under this Agreement, or for any other valid reason. _____10. WITHDRAWAL FROM CASE: Client does not intend to withdraw from this agreement, but Client understands that he/she has the right to withdraw, for any reason, if he or she wishes, upon giving the Law Office reasonable notice of his or her intention. Client agrees to pay the cost of copying the file and transferring it to Client's new attorney. Client shall remain liable for any earned attorney fees not yet paid, as well as costs not yet reimbursed by client. Attorney does not intend to withdraw from this agreement, but maintains the right to the extent permitted by law and the State Bar Rules of Professional Conduct.

_____11. PAYMENT OF LEGAL FEES BY THIRD PARTY: Client and Firm agree that ___________________________________herein referred to as Third Party will be responsible to pay legal fees to the Firm for this Client. Client consents to payments by the Third Party. Third Party agrees to be bound by all terms of this agreement. Third Party understands that their role is limited to the payment of fees and they cannot make decisions for the Client or tell the attorney how to handle the case. Third Party agrees to be bound to this agreement until fees are paid no matter what their future relationship with the Client becomes. This agreement cannot be canceled by the Third Party without the Clients consent. All Parties understand that the Firm may not be allowed to withdraw without Court approval. _____12. REFERRALS BY THE FIRM: The Firm is not associated with any other businesses, banks, lenders, real estate agents, appraisers, credit card companies, automobile dealers, pawn shops or any other businesses that may assist people in obtaining money to pay their legal fees. If requested by the client, the firm may provide information on other businesses that have helped some of our previous clients. However, the client understands that the Firm is not associated with or affiliated with, and has no interest in these businesses or any transactions the client chooses to enter, and the Firm receives no fee or no commission from any transactions. If the client chooses to sell property or secure financing or a loan, the Firm makes no specific recommendation and encourages each client to make their own informed decision before they agree to any financial transaction. Thus, the Firm cannot be responsible for a clients transactions with other third parties or the services they might provide. _____13. SEVERABILITY IN THE EVENT OF PARTIAL INVALIDITY: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision, and of the entire Agreement, will be severable and remain in effect. I have read and understand this section of severability.

_____14. FILE RETRIEVAL. Client is informed and acknowledges that upon closure of clients case SLG will retain original hard copy of your file for 60 days. Consequently, if client wishes to retain documents from their file he/she must retrieve their return within a 60 day period. SLG will destroy original documents following case closure after 60 days.

_____ I, (we), the undersigned, have fully and completely read this contract, which has been signed after reviewing with firms attorney, have no questions concerning its provisions and completely agree to each paragraph. Client agrees that this contract constitutes the entire agreement between Client, Third Party and the Firm. Client further understands and agrees that this agreement can be modified only by written agreement and that Client has received a copy of this agreement.

Signed this _____day of _________________, 20___.

________________________________ Client

________________________________ Third Party I have reviewed this agreement with the above parties and approved it for the Firm.

___________________________________ Supervising Attorney ___________________________________ Print Attorney Name

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