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.

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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. Any proceedings or work arising after sentencing are considered post sentencing 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.

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.

5. Hearing or Trial Flat Fee. A hearing or trial flat fee includes all work necessary to prepare for and complete matters identified in the above CONTESTED PHASE. A hearing or trial flat fee includes all proceedings necessary in the trial court up to and including dismissal order, not guilty verdict or sentencing. Hearing flat fee refers to a contested final orders hearing wherein a full trial is not available.  The following is a specific exception to and is excluded from a hearing or trial flat fee.

In the event of jury trial and non-unanimous (hung) jury, fees for second or subsequent trial shall not be included in the flat fee and shall be billed at the hourly rate charged at the time such additional representation is requested. In such event, a deposit to trust shall be made 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 trial complexity are ascertained. Second jury trial flat fee quote may be more or less than flat fees in the first jury trial.

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.

        In most circumstances, I initially make an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat fee or a trial flat fee.  Offered fee options will be up to the client, however client's initial election will be final.  Attorney reserves the right to quote hourly fees only without a flat fee offer, or hourly and trial flat fee options only.  Attorney reserves the right to decline any case.

        Contingency fees are a percentage of the award won and collected for the client.  I base the percentage upon the net recovery - amount received after deduction of previously paid costs - litigation expenses, and offer contingency fees only in debt collection cases.

        1. Hourly Fees.  In family law matters, this office bills fees only on an hourly basis. Time expended determines fees. It is economically beneficial to the parties if they are able to amiably resolve disputed issues, or at minimum establish communication between themselves.  That frequently does not happen.  If a client's spouse makes litigation difficult and significant time is required - if a court fight is inevitable, now is as good as any time to resolve the issues. 

        2. Contingency (Percentage) Fees Not Offered.  In the 1980's the Colorado Supreme Court approved contingency fees for collection of support arrearages - past due child support or spousal maintenance.  A contingency fee is a percentage of the arrearage amount actually collected.  Contingency fees regarding collection of current support remains expressly prohibited.  To comport with ethical rules governing attorneys, modification or enforcement of current child support must be billed on an hourly basis.  If a contingency fee were elected by the client, separate fee structures would be required for current support vs. support arrearages.

        Foreseeable disputes between client and counsel regarding contingency fees.
        1.     a.  Hours expended associated with "arrearage support" would be included in the contingent (percentage) fee and not billable separately.  Such a designation is favorable to the attorney.
                b.  Hours expended associated with modification or enforcement of "current support" would be billed separately in addition to the contingent (percentage) fee.  Such a designation is favorable to the attorney.
                c.  Designation of the association with "arrearage" or "current" support inherently raises conflict between client and counsel.  This is the primary reason I do not offer contingency (percentage) fees..
        2.  Settlement conflicts.
                a.  Attorney's fees could be affected by amount or speed of recovery.  If attorney made a recommendation acceptance of an immediate  lump sum settlement percentage of arrearages (bird in the hand worth two in the bush), under a contingency fees this could appear motivated by counsel's desire for quick recovery of a contingency fee.  Client's interests and that of counsel may be in conflict.
                b.  Client may desire to offer obligor a percentage settlement as satisfaction and accord when counsel believes with reasonable effort, larger or full recovery may be achieved.  Percentage settlement would reduce recovery, and hence reduce fees.  Client's interests and that of counsel may be in conflict.
                c.  These same issues exist with any contingency fee, i.e.: injury cases or debt collection.  The difference is that family law involves parties who are frequently emotional and have a previous interaction history - not objective persons making rational decisions in the normal course of business.
        3.  Client may desire to offer obligor garnishment or income assignment at a lower rate than available by law.  That would reduce and delay recovery, hence earned contingency fees.  As with ¶2(c) above the prior interaction history comes into play.  Client's interests and that of counsel may be in conflict.

        This attorney will not violate ethical rules or set up potential conflict, confusion, fee dispute or possible ethical complaint.  Therefore, I do not accept support enforcement on a contingency (percentage) basis - only hourly fees are offered.  An obligee may find contingency fees elsewhere, but please don't ask here.  The answer is no.  

        In criminal, DUI and traffic cases, I quote either a settlement flat fee or trial flat fee depending upon the facts of the case.  I also offer the option of hourly fees. Fee option will be up to the client, however client's election will be final.

        DMV proceedings can not be negotiated. After hearing, ruling is entered favorably or adversely to client. Attorneys may not issue a subpoena or subpoena duces tecum as can be done in criminal or civil court trials - DMV proceedings require issuance by the chief hearing officer in Denver. DMV proceedings are conducted under the Administrative Procedures Act, CRS 24-4-105, with relaxed rules of evidence and hearsay rules that are generally unfavorable to client.

        In DMV proceedings, I quote either a limited flat fee or hourly fees. Client's election is final.
                DMV limited flat fee includes review of the case in preparation for license revocation, suspension or denial hearing, legal research as may be required, and appearance at hearing.
                Additional hours or costs necessitated by continuance by the state, subpoena procurement or discovery are billed at hourly rates. Attorney may request additional proceeds be deposited to trust against which the attorney may bill additional fees and costs.
                Total fees & costs may exceed the DMV limited flat fee.
                Should DMV adverse ruling enter, DMV limited flat fee excludes appeal to District Court and application for interlock probationary driving privileges or attorney appearance at interlock hearing.

        In debt collection cases, I quote creditor clients either a contingent fee or hourly fees.  In an unusual circumstance, flat fees may be offered.  Fee option will be up to the client, however client's election will be final.

        I do not represent debtors.

        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

Copyright © 1983 - All Rights Reserved - Document Revised: March 14, 2010
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