 |
|
WELCOME |
|
GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado |
| |
|
ATTORNEY'S FEES AND COSTS - COLORADO SPRINGS LAWYER |
|
|
|
|
Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002
Robert D. Gustafson * Attorney
at Law * Colorado Springs |
|
|
|
|
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.
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download

ATTORNEY FIRST
CONSULTATION
Robert D. Gustafson
Attorney at Law 6538 Charter Drive Colorado Springs
Colorado 80918-1335
FEE QUOTE * RETAINER AGREEMENT
* BILLING STATEMENTS
|
 |
|
|
Toll Free (800)
410-1002 |
Fax (719)
260-1003 |
|
please read the below terms of first consultation
before calling |
|
|
|
| |
|
1.
First Consultation and Fee
Quotes *
Cost Quotes *
Please Read Before Calling |
|
Attorney's fees and costs are of interest to any person seeking to retain
counsel.
Potential fee quotes - trust deposit estimates for
common matters are provided on many subject pages within this site.
Naturally, an actual fee quote would dependant upon the facts and circumstances
of any given case.
I offer a free consultation to
identify the potential legal problems and possible courses of action, estimate
costs and offer an attorney fee quote. This allows a potential client to
ascertain cost and comfort level with counsel without incurring expense, and it
can frequently be done by phone or a combination of email and phone.
Please be advised:
a. During the first consultation we will discuss relevant facts, issues
and potential claims or defenses. However, attorney will not run through a
detailed recitation of all applicable law or
potential remedies, nor will the attorney attempt to solve legal problems
during a first consultation. Attorney seeks to ascertain whether your
legal issues are within an area of law in which I practice, understand
justiciable claims or defenses and estimate work involved to quote a reasonable
fee & potential costs or initial trust deposit. |
|
I welcome representation
inquiries however the purpose is not to provide free legal advice to the
general public. Unless seeking to retain counsel, please do not email or
call. Attorney does not provide legal opinions, answers or information in response
to questions submitted from non-clients, and attorney is not the phone company
411 center for phone number information. Given the scope of internet
accessibility, I can not be the free "Colorado answer man" and will
politely decline such requests. |
common fees have been
quoted and information provided in my web pages
attorney
is prepared to provide legal representation |
|
attorney
understands desire to compare different lawyers, but
before calling, please be prepared to retain if I am counsel of your choice |
|
|
|
|
b. Attorney shall not have been retained, nor shall attorney undertake
representation, nor take any further action nor conduct additional consultations
until a written fee agreement has been executed and payment received.
Although I have provided a significant amount of information in my website, there is a limit to free.
This is that limitation - free ends here. I am a private attorney and must
earn a living. Clarity is my intent, not
harshness.
Fee and trust deposit quotes provided
directly by attorney to any prospective client will be honored for a period of
seven (7) days from the day of the quote. Thereafter fees or requested trust
deposit are subject to change without notice if this office has not been
retained. Quoted costs are only estimates, subject to change by service
providers. If retained, actual costs are billed. Records searches
are priced & billed according to database cost. |
|
Viewing any page within this website,
consultation, providing information to a prospective client or a fee quote shall
not constitute an agreement to provide representation, nor shall such be
construed to establish an attorney-client relationship. Any statement contained
in this website regarding fees or costs shall be considered general information
only.
I am a sole practitioner with need to
manage my caseload & reserve the right to decline any legal matter.
|
| |
|
 |
ALTERNATIVES
|
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
|
sole practitioner
attorney does not accept these matters |
|
|
| |
a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
|
|
|
|
MAJOR
CREDIT CARDS ACCEPTED |
|
|
|
|
|
| |
|
2. Retainer Fee Agreement:
For the sake of clarity and to avoid misunderstanding, when retained I prepare
written fee agreements. I find that if we agree upon fees in advance, we
agree at conclusion of the case. With the exception of a contingent agreement,
fees and costs will not be contingent upon favorable
ruling. Retainer agreements will pertain solely to the identified legal matter.
Appeal,
writ of prohibition or matters arising after sentencing, final or supplemental
orders, final or supplemental decree, final judgment or unrelated matters will
be billed at the attorney's normal hourly rate charged at the time such
additional representation is requested. Independent legal matters are deemed
separate and not contemplated by a retainer agreement. For information
regarding placement of a retainer agreement proposal .pdf file in your email
box, please refer to my
Attorney-Client
Documents page. No obligation would be incurred unless executed
by client and attorney. |
| |
|
3. Billing
Statements: I use
Timeslips billing program which is designed primarily for attorneys. The
program produces billings which are clear and concise - easy to understand all
postings and transactions.
a. Timeslips contains a timer
to record time and compute fees on an hourly basis, or a flat fee can be
entered.
b. Individual cost items are
recorded as total individual expense based per item cost and number of items.
c. Previous unpaid balances are
brought forward.
d. Interest is assessed at the rate of 18.0% per annum on balances unpaid
one month after initial billing per fee agreement.
e. Payments are itemized.
f. Balance due is the
arithmetic of subtotal new fees + subtotal new costs + previous balance
+ interest (if any - see ¶3d above) less subtotal payments = total balance due
g. Trust deposit accounting is
maintained separately from fees and costs.
Trust withdrawals to pay the balance due are recorded in both the billing
itemization & trust account itemization.
h. All postings contain date, a
description of each transaction and subtotal of each transaction.
i. Timeslips is an
accurate billing program.
j. Litigation billings are scheduled
monthly, and interim billings may be sent when there is significant account
activity. |

|
 |
HOURLY
FEE RATES |
|
|
STANDARD
HOURLY FEES
In my practice hourly fees billed at the following rates:
|
| ATTORNEY |
$200 |
|
PARALEGAL |
$
90 |
| LEGAL
SECRETARY |
$
70 |
|
payment of hourly fees
secured
by a trust deposit - refer to link |
|
|
TRAVEL
TIME FEES

billed when travel outside Colorado Springs required
|
| ATTORNEY |
$100 |
|
PARALEGAL |
$
45 |
| LEGAL
SECRETARY |
$
35 |
|
payment of hourly fees
secured
by a trust deposit - refer to link |
|
|
|
|
RATES
- TRAVEL
TIME * MILEAGE
*
EXPENSES - SPECIFIC COMPUTATIONS
and other
travel expenses |
|
|


|
FLAT FEES - DEFINITIONS AND
TERMS |
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.

|
COMPARISON OF HOURLY FEES TO FLAT FEES |
Hourly fees are computed upon time expended, are not capped at any specific
amount and can not be predicted with certainty.
A flat fee includes all relevant work identified therein. Flat fees neither
increase nor decrease, with exceptions being excluded from flat fees as
identified above or in the particular retainer agreement.
Hourly fees may be more or less than a flat
fee which is a known fee in a specified amount.
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.

|
FEES - FAMILY LAW CASES
DIVORCE
*
ADOPTION
*
PATERNITY
*
SUPPORT ENFORCEMENT |
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.

|
FEES
- CRIMINAL *
DUI
*
TRAFFIC CASES |
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.

|
FEES -
CREDITOR
DEBT COLLECTION |
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.


|
Costs. In addition to attorneys fees, and
not in lieu, client will be responsible for and pay all costs or out of pocket
expenses incurred. The attorney accepts have no obligation to incur expenses as
costs until payment has been deposited by the client. |
|
charges apply to
in-house costs
|
|
FAX: outgoing long distance per
page: |
$ 1.00 |
|
FAX: outgoing local per
page: |
$ 0.50 |
|
FAX: incoming per
page: |
$ 0.75 |
|
Photocopies per
page: |
$ 0.20 |
|
|
charges apply to
courthouse copy costs
(set by court): |
|
Photocopies at courthouse copier per page |
$ 0.35 |
|
Photocopies by court clerk per
page: |
$ 0.75 |
|
Certification per
document: |
$ 10.00 |
| |
|
|
| |
LEGAL RESEARCH
attorney legal research available
only to clients in litigation cases
NOTICE: legal research costs subject to change by on-line
subscription research publisher |
|
SINGLE
DATABASE LEGAL RESEARCH CHARGE
$50 per legal issue
|
MULTIPLE
DATABASE LEGAL RESEARCH CHARGE
including all states or all feds
$75 per legal issue
|
|
LEGAL
RESEARCH HOURLY ATTORNEY'S
FEES
attorney time expended during
legal research
hourly
fees are not applicable to research in
flat
fee litigation cases - database charge would apply
hourly fees are not applicable to
research in contingency fee
litigation cases - database charge would apply
hourly fees are applicable and
billable to research in
hourly billing
litigation cases - database charge would apply |
| |
ON-LINE
RECORDS SEARCHES
LIMITED TO LITIGATION CASES |
$60
Per Person
|
|
BACKGROUND
SEARCH - CLIENT OR LITIGATION OPPOSING PARTY
COLORADO & NATIONAL CRIMINAL HISTORY SEARCH
reduced
bundled search fee for litigation clients
search available
only to clients in litigation cases |
|
MULTIPLE DATABASE INCLUDED SEARCHES
|
Colorado
Driving Record - attorney search on-line
confidential database subject to Driver Privacy
Protection Acts
All States
Driving Records Self
Help Free Links |
Criminal
History Search -
National & States
warrants - convictions - sex offender
confidential databases subject to
GLB Act
|
Criminal History Search -
Colorado
Colorado Bureau of Investigation - CBI |
Colorado
State Court Litigation History
civil - criminal - traffic |
|
|
|
|
$20
Per Person
Per Search
|
|
SINGLE
DATABASE SEARCHES
searches available
only to clients in litigation cases |
|
AVAILABLE SINGLE DATABASE SEARCHES
|
Colorado
Driving Record - attorney search on-line
confidential database subject to Driver Privacy
Protection Acts
All States
Driving Records Self
Help Free Links |
Criminal
History Search -
National & States
warrants - convictions - sex offender
confidential databases subject to
GLB Act |
Criminal History Search -
Colorado
Colorado Bureau of Investigation - CBI |
Colorado
State Court Litigation History
civil - criminal - traffic |
|
|
|
$85
Per Person
Minimum *
Refer to
Pricing Information
Below Right
|
|
LOCATOR
- BACKGROUND
SEARCH
WITNESS OR LITIGATION OPPOSING PARTY
confidential
databases subject to
Federal Graham-Leach-Bliley Act (GLB
Act) 15 U.S.C. §§ 6801 et. seq.
Fair Credit Reporting Act (FCRA)
15 U.S.C. §§ 1681 et. seq.
searches available
only to clients in litigation cases |
| People
Search |
License
Search |
Criminal
Records |
Court
Records |
|
Social Security Searches
Live Credit Headers
First Name & Date of Birth
Skip Tracing Searches
Name and Address
Possible Relatives
Possible Roommates
Cell & Unlisted Numbers
Telephone Searches
Professional License
News / Media Search |
Professional Licenses
Vehicle Registrations
Boat Registrations
Marriage Licenses
Divorce Records
FAA Licenses
FCC Licenses
DEA Registrants
IRS Tax Practitioners
|
National Warrants
State Criminal
National Criminal
LA Municipal Index
California Counties
Sex Offender Search
Federal Criminal Docket
OFAC-Terrorist
Criminal Profile
Conviction Search
|
Federal Court Records
Bankruptcy Records
Tax Lien Records
Eviction Records
Civil Judgments
Notices of Default
Verdicts & Settlements
Mortgage Records
Property Records
Combo BK,TL,JG,ND
|
| Assets
Search |
Business
Search |
Other
Included Searches |
all identified databases
are searched in
a standard search
at rate quoted to left
**********
additional
searching
may be
required |
|
Vehicle Ownership
Boat Ownership
Property Ownership
Verdicts & Settlements
Corporate Records
UCC Filing Records
Mortgage Records
DBA / FBN Search
|
Business Credit Report
Corporate Records
UCC Filings
DBA / FBN Search
FEIN-Tax ID Search
Business Phone Search
Federal Court Records
Business Criminal Search
|
Maildrop Locator
Bank Locator
Credit Union Locator
Phone Company Identifier
Valid SSN Verifier
Death Index Search
County Locator
Storage Facility Locator
Law Enforcement Locator
Jail & Prison Locator
High Risk Address Search |
|
*
Pricing Information |
|
Some searches require searching
multiple databases for multiple criteria, such as name
& social security number plus multiple addresses or
phone numbers. Alias names may be involved.
Additional time and database charges are incurred
during complicated searches, therefore while the above
price would be anticipated, additional expense may be
incurred. |
|
|
SEARCHES
NOT INCLUDED IN LOCATOR - BACKGROUND CHECK |
|
Attorney
Searches |
Database
On-Site or
Delayed Searches |
|
Colorado
Driving Record
Colorado
State Court Litigation History
Criminal History Search - Colorado CBI
|
On-site County Criminal
On-site State Criminal
Vehicle Ownership
State Driving Records
Consumer Credit Reports
Federal Criminal Records
Federal Civil Records
On-site County Civil |
|
| |
|
|
|
|
other searches are
available in litigation cases
contact attorney for details and pricing |
|
Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
|
trust
deposit for anticipated fees & costs is due when
retained |
|
attorney does not accept installment payments |
|
|
|
|
|
regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
|
|
|
MAJOR
CREDIT CARDS ACCEPTED |
|
|
|
|
| |
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.
|
CHARGE
CARD MERCHANT DISCOUNT EXPENSE |
|
|
ATTORNEY FEES |
|
No assessment will be billed for a credit card company's merchant
discount or PayPal's discount regarding attorney's fees paid by charge
card or PayPal. Attorney accepts the merchant discount as a legitimate
cost of business.
|
|
|
LITIGATION COSTS |
|
Payment of litigation costs by charge card is
permissible, but similar to
using attorney's merchant status for cash advance toward payment of a
third party's fees.
If costs or out of pocket expenses are
incurred and client makes payment to attorney via charge card or PayPal, the credit card company's
merchant discount or PayPal's discount will be assessed, billed to and paid by the client.
To avoid merchant discount assessment, client may charge attorney's fees and pay trust deposit
for costs by cash or check. |
|
TRUST DEPOSIT OVERPAYMENT REFUND
refer to below information |
WITHDRAWAL OF
REPRESENTATION
refer to link |
|
Refund of discount assessed by charge card company or PayPal will
be governed by refund terms of charge card company or PayPal. Put another
way, if a portion of the discount is refunded to attorney by the charge card
company or PayPal, the discount refund will be passed on the the client.
If the discount is not refunded, discount is the client's expense.
At present, Discover Card and PayPal credit the relevant portion of the discount if
refund is made within 30 days from initial payment. MasterCard, VISA and
American Express do not refund any portion of the merchant
discount upon refund. |
|
| |
Court
Electronic Filing Fees - aka eFiling - aka e-filing
- refer to
Electronic
File and Serve

|
WITHDRAWAL OR TERMINATION OF REPRESENTATION
BREAK-DOWN OF ATTORNEY - CLIENT RELATION |
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.

|
CLIENT DUTY
OTHER LITIGATION
OR BAD ACTS DISCLOSURE
POTENTIAL CONSEQUENCES |
Prior or subsequent arrest(s),
criminal charge(s) or conviction(s) or other litigation or bad acts which are
relevant to the subject matter of this retainer agreement will likely complicate
representation and affect a fee quote. In my retainer agreement, for the
sole purpose of agreed fees, I place an affirmative duty upon my clients to
disclose.
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.

|
CLIENT OMISSION, NON-DISCLOSURE OR
COMMISSION
OF OTHER LITIGATION OR BAD ACTS
POTENTIAL CONSEQUENCES |
The following provisions shall
apply if at commencement of representation client fails to disclose to attorney prior
arrest(s), criminal charge(s) or conviction(s) or other litigation or bad acts
which are relevant to the subject matter of this retainer agreement, or if,
unknown to attorney at commencement of representation, client is then or subsequently
engaged in arrest(s), criminal charge(s) or conviction(s) or other litigation or
bad acts which are relevant to the subject matter of this retainer agreement.
a. Attorney may increase any
flat fee quoted herein to the flat fee usually charged given the newly
discovered factual and legal circumstances. or
b. At attorney's discretion,
additional time expended may be billed on an hourly basis. or
c. Omission or failure to
disclose or subsequent commission of relevant offense(s) shall be cause for
immediate withdrawal of representation at attorney's discretion. and
d. If fees are increased,
attorney shall promptly provide billing or other written notice to client,
and client may discontinue representation.
e. If representation is
discontinued or terminated, an accounting shall be made as provided in the
written retainer agreement.
f. My retainer agreements does
not contemplate representation in any such new matter(s); such new matter(s)
is / are expressly excluded therefrom.

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

|
ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
|
| |
|
|
|
|
|
|
FIRST CONSULTATION - NOTICE |
|
|
Attorney
welcomes representation
inquiries however the purpose is
not to provide free legal advice to the general public. Unless
seeking to retain counsel, please do not email or call. Attorney
does not provide legal opinions, answers or information in response to
questions submitted from non-clients, & attorney is not the phone company
411 center for phone number information. Given the scope of internet
accessibility, I can not be the free "Colorado answer man" and will
politely decline such requests. |
|
Litigation cases occur across Colorado - please refer to
attorney travel. |
Travel Policies & Trade Area
* Itemized
Travel Expenses
* Colorado Map |
common fees
have been quoted and information provided
attorney is prepared to provide legal representation |
|
attorney
comparison is understandable, but before calling
please be
prepared to retain if I am counsel of your choice |
|
|
|
|
|
|
| |
ATTORNEY TRADE AREA &
TRAVEL
CASES OUTSIDE EL
PASO COUNTY |
GEOGRAPHIC DISTANCE
ECONOMIC
CONSIDERATIONS |
|
|
Colorado is a big state
ease of internet access, email & toll free phone doesn't change
that fact |
|
|
| |
|
|
|
|
Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are out of state or unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
|
|
|
|
|
Southern Colorado Area |
|
If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
|
| COUNTIES |
CITIES / TOWNS |
|
El Paso
County |
Colorado Springs / Manitou
Springs / Fountain |
Attorney welcomes new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
|
Chaffee
County |
Salida |
|
Crowley
County |
Ordway |
Metro Denver Area |
|
Custer
County |
Westcliffe |
COUNTIES |
CITIES / TOWNS |
|
Douglas
County |
Castle Rock |
City and County of Denver |
Denver |
|
Elbert
County |
Kiowa / Simla |
Adams County |
Brighton / Thornton / Federal
Heights |
|
Fremont
County |
Canon City / Florence / Penrose |
Arapahoe
County
Court
District Court |
Littleton / Centennial /
Englewood |
|
Huerfano County |
Walsenburg |
Arapahoe County - East |
Aurora |
|
Las
Animas County |
Trinidad |
Broomfield County |
Broomfield |
|
Lincoln
County |
Hugo (county seat) / Limon |
Gilpin
County |
Blackhawk / Central City |
|
Otero
County |
La Junta |
Jefferson County |
Golden / Wheat Ridge |
|
Park
County |
Fairplay |
|
|
Pueblo
County |
Pueblo |
|
Teller
County |
Cripple Creek / Woodland Park |
|


| please
feel free to call or email if you are a client or are seeking representation |
|
|
|
FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |


|
|
|
|
|
| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
|
80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
|
80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |

Copyright © 1983 - All Rights Reserved - Document
Revised: March 14, 2010
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
|