During the first consultation, the subject of money has been important to each of my clients through the years.
Let's remove any mystery about how fees and costs are billed in my office.

1. Flat Fees - General Terms. Any flat fee quoted shall include all relevant work identified therein. Flat fees neither increase nor decrease, with the following exceptions being excluded from flat fees.
        a. Circumstances provided in the clauses CLIENT NEGLECT, CLIENT OMISSION, NON-DISCLOSURE OR COMMISSION OF OTHER LITIGATION / BAD ACTS AND CLIENT ANGST (excessive phone calls or communications) or WITHDRAWAL OR TERMINATION OF REPRESENTATION and EXPRESS LIMITATIONS (percentage of fee earned at agreed phases of the case).
        b. Unless otherwise expressly provided in in the retainer agreement, any proceedings or work arising after sentencing or final orders are considered post sentencing or post decree matters and are be billed at the hourly rate charged at the time such additional representation is requested. In such event, a deposit to trust is required at commencement of representation sufficient to cover anticipated fees and costs. A flat fee may then be quoted in lieu of hourly fees; flat fee to be set by attorney after issues and complexity are ascertained.
        c. Voluminous scanning and electronic conversion in which scanner automatic sheet feed is impeded are expressly excluded from flat fees and would be billed at standard legal secretarial hourly rates or referred to a copy shop and billed as a cost.

2. Settlement Phase. For purpose of retainer agreements, settlement phase includes investigation of the criminal case, plea bargaining with the prosecution, and completion through sentencing or other disposition if the plea bargain is accepted by the client before proceeding into contested phases and prior to preparation for discovery disputes, motion hearing, readiness hearing or trial.  If preliminary hearing is relevant (class 3 felony and above), it is negotiable whether the preliminary hearing is included in the settlement fee.

3. Settlement Flat Fee. A settlement flat fee includes all work necessary to prepare for and complete matters identified in the above SETTLEMENT PHASE. If settled before contested phases, a settlement flat fee will include representation through final disposition. If not settled, trial fees would be required.  Flat fees are attorney fees and do not include litigation costs. 

4. Contested Phase. For purpose of retainer agreements, trial phase shall include investigation of the criminal case, plea bargaining with the prosecution, preliminary hearing if applicable (class 3 felony and above), discovery dispute, motion hearings, readiness hearing, trial to the court or to a jury, and sentencing if a plea is tendered or the client is found guilty of any charge.

6.  Flat Fees - Phases of Case When Fees Deemed Earned
        Although a flat fee for identified work will neither increase nor decrease, in the event of early termination of representation, the fee would be affected.
        When flat fees are quoted, provision is made in the retainer agreement wherein attorney and client agree certain percentages of the total flat fees shall be deemed earned upon completion of identified phases in the case.  Costs expended to date would not be affected by early termination of attorney representation.

        Criminal, DUI or Traffic.  By way of example, but not limitation, costs may include laboratory or scientific testing & analysis, private investigator, process service, subpoena or witness fees, reports, stenographer or transcript fees, CourLlink eFile fees, court costs, bank charges, out of state driving records, Colorado driving record, national and/or Colorado criminal history, Colorado litigation history, computer legal research, facsimile transmission (FAX), photocopy or photographic expenses, phone long distance tolls, postage, and all other out of pocket expenses related to this case.

        Divorce.  By way of example, but not limitation, costs may include parental allocation / parenting time evaluation, psychological, psychiatric or medical examination, skip tracing or asset search, mediation, arbitration, laboratory or scientific testing & analysis, DNA paternity testing, blood or urine drug testing, private investigator, process service, property appraisals - real estate, vehicle or personal property, expert witnesses or reports, subpoena or witness fees, stenographer or transcript fees, discovery costs incurred to obtain copies of relevant documents or records, expenses to procure court files or medical records, electronic file and serve fees, CourLlink eFile fees, court filing fees and costs, bank charges, out of state driving records, Colorado driving record, national and/or Colorado criminal history, Colorado litigation history, computer legal research, facsimile transmission (FAX), photocopy or photographic expenses, phone long distance tolls, postage, and all other out of pocket expenses related to this case.

        Adoption.  By way of example, but not limitation, costs may include home study, psychological, psychiatric or medical examination, relinquishment counseling, parenting classes, adoption agency fees, skip tracing or asset search, mediation, arbitration, birth certificate, laboratory or scientific testing & analysis, DNA paternity testing, blood or urine drug testing, private investigator, process service, subpoena or witness fees, reports, stenographer or transcript fees, electronic file and serve fees, CourLlink eFile fees, court filing fees and costs, bank charges, out of state driving records, Colorado driving record, national and/or Colorado criminal history, Colorado litigation history, computer legal research, facsimile transmission (FAX), photocopy or photographic expenses, phone long distance tolls, postage, and all other out of pocket expenses related to this case.

        Paternity.  By way of example, but not limitation, costs may include custody evaluation, parenting classes, psychological, psychiatric or medical examination, skip tracing or asset search, mediation, arbitration, birth certificate, laboratory or scientific testing & analysis, DNA paternity testing, blood or urine drug testing, private investigator, process service, subpoena or witness fees, reports, stenographer or transcript fees, electronic file and serve fees, CourLlink eFile fees, court filing fees and costs, bank charges, out of state driving records, Colorado driving record, national and/or Colorado criminal history, Colorado litigation history, computer legal research, facsimile transmission (FAX), photocopy or photographic expenses, phone long distance tolls, postage, and all other out of pocket expenses related to this case.

        Debt Collection.  By way of example, but not limitation, costs may include skip tracing or asset search, judgment creditor's fee, transcript of judgment, writ of garnishment, writ of execution, creditor's examination, private investigator, process service, subpoena or witness fees, reports, stenographer or transcript fees, electronic file and serve fees, CourLlink eFile fees, court filing fees and costs, bank charges, out of state driving records, Colorado driving record, national and/or Colorado criminal history, Colorado litigation history, computer legal research, facsimile transmission (FAX), photocopy or photographic expenses, phone long distance tolls, postage, and all other out of pocket expenses related to this case.

1. Delinquency - Withdrawal
        a. The attorney or associate counsel is authorized to withdraw representation and provide no further services in client's matter if any billing, trust deposit or trust replenishment is not paid as agreed. In the event of delinquent payment, client agrees to execute whatever documents are necessary for withdrawal of representation or to secure fees and costs.
        b. NOTICE TO CLIENT REGARDING DELINQUENT PAYMENT Withdrawal may occur upon initial delinquency. If any fee, cost, trust deposit request or trust replenishment or portion thereof remains unpaid 60 days from initial billing, representation will be withdrawn without further notice..

2. Attorney Termination. In the event the attorney determines there has been a break-down of the attorney-client relationship such that continued effective representation has been or will likely be impaired, or if a personality conflict exists, the attorney or associate counsel hereby authorized to withdraw representation and provide no further service.

3. Client Termination. Client is entitled to terminate attorney's representation at any time.

4. Termination - Fees and Costs.
        a. Termination of representation will not affect client's obligation to pay earned fees or costs expended to date. In the event of representation termination, an accounting will be provided to the client. If the retainer agreement provides for fees to be billed exclusively upon an hourly basis, fees shall be accounted hourly. If flat fees are provided in the retainer agreement, accounting will be based upon the percentage schedules provided in the retainer agreement, or if the case is complex, at attorney's discretion accounting may be based upon hourly billing for actual time expended in any phase. Such hourly fees may exceed the phase percentages, however will not exceed the total flat fee.
        b. Earned fees or expended costs will not be refunded.
        c. Payment in excess of earned fees or proceeds remaining in trust (if any) for unearned fees and anticipated but unexpended costs will be promptly refunded.
        d. Charge Card Refunds - 
                1. Merchant Discounts
                        a. Charge card companies assess merchant discounts which are typically not refunded upon issuance of a refund by the merchant. If client terminates representation, and if client paid by charge card, non-refundable merchant discount on unearned fees or unexpended costs will be deducted from refundable proceeds or the trust account prior to client refund.
                        b. If attorney terminates representation, non-refundable merchant discount will not be assessed or withheld from any refund.
                        c. Merchant discounts will not be assessed or deducted on any earned fees.
                2. Date of Refund. Charge card proceeds are transferred electronically into a shell bank account maintained by the attorney solely for charge card transactions, then withdrawn and applied to client's account. To allow time for transfer and bank posting of proceeds from the client's account to the shell account, all credit card refunds will be submitted to the relevant charge card company three (3) business days after the client's request or termination of representation. The charge card refund receipt will be mailed to client.
        e. Refund provisions in the retainer agreement supersede any contrary clause.

        Pre-Payment or Trust Deposit  Attorney's fees and anticipated costs will likely be secured by pre-payment.  A full trust deposit is likely. 

        Installment Payment Provisions.  In the event attorney agrees to deferred payment, a likely offer would be initial payment of 2/3 the quoted flat fee with the balance due in 30 days - secured by promissory note.  Attorney is not in the business of granting credit and reserves the right to require pre-payment, declining deferred payment.

        Credit Card Provisions.  Attorney's fees and anticipated costs may also be secured by authorization for subsequent submission to a charge card.
        a. At commencement of representation, client may be requested to authorize attorney to submit amounts to MasterCard, VISA, American Express or Discover Card for payment by any such creditor, subject to creditor electronic data capture approval or phone approval if any fees, costs, trust deposit request or trust replenishment remain unpaid 30 days from date of billing. 
        b. Client may be requested to waive further authorization for charges as provided in ¶(a) above and waive execution of subsequent creditor charge slip.
        c. If submitted to a creditor for payment, client will be provided with a copy of the creditor charge slip and attorney billing reflecting creditor payment.
        d. Within 30 days from billing date client must provide attorney with written notice disputing any fee, cost, trust deposit request or trust replenishment. If client provides attorney such written notice, disputed fees, costs, trust deposit request or trust replenishment will not be submitted to a creditor for payment regardless of the validity of the claim until the dispute is resolved. If previously submitted and disputed, a debit slip for the amount charged would be sent to the creditor.  Written notice may be provided to attorney in person, by mail, fax or if available, by e-mail. Contact information is provided the client.
        e.  A retainer agreement would identify the authorized creditor name, account number and card expiration date.

1. Trust Account - Proceeds Withdrawal. At any time client has money on deposit in the attorney's trust account, the attorney is authorized to bill and withdraw earned fees & costs.

2. Trust Accounting. At any time client has money on deposit in the attorney's trust account, a trust accounting will be provided to the client with each billing. Additionally, upon reasonable notice to the attorney, during normal business hours the client shall be entitled to a summary accounting of all trust deposits and disbursements as well as all billing transactions. The balance of proceeds in trust at the conclusion of the case, if any, will be promptly refunded to client.

3. Foreseeable Time or Costs. If time or cost expenditure is reasonably foreseeable, attorney may request a trust deposit in excess of any minimum trust balance required herein. Request for trust account replenishment will be considered a billing.

4. Travel Time and Expenses. If travel is relevant, client must make an advance trust deposit sufficient to cover anticipated travel time and expenses. If trust deposit has not been requested, travel time & expenses must be paid within 14 days from billing.

5. Trust Deposit Timing. Depending upon the facts of the case, a client may be requested to immediately deposit proceeds into the attorney's trust account for anticipated fees or costs, or a future deposit may be requested.  If client declines,

6. Minimum Trust Balance. Client may be requested to maintain a minimum balance in trust during representation, and replenish the trust account to the minimum balance if depleted below the minimum.

        Shortly after being retained, but generally not thereafter due to cost, attorney checks the following records under the exact name provided by client:  Colorado state courts litigation history, Colorado Bureau of Investigation - CBI criminal records and Colorado driving record.  I have no knowledge or reason to know if such matters are not disclosed by client, are not found in such databases and are not found in discovery provided by the prosecution or opposing counsel.

For information regarding communications with the attorney, document transfer and privacy policy, please refer to:
ATTORNEY CONTACT AND PRIVACY