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The Future of the Solo Practice

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The Future of the Solo Practice ` 2015 WSSFC Plenary – Session 4 The Future of the Solo Practice Carolyn Elefant, The Law Offices of Carolyn Elefant, Washington, D.C. About the Presenter... Carolyn Elefant, The Law Offices of Carolyn Elefant, Washington, D.C. Carolyn Elefant 2200 Pennsylvania Ave. NW, Fourth Flr. E Washington, DC 20037 202-297-6100 [email protected] To purchase the full, downloadable version of the Art, Science and Ethics of the 21st Century Retainer Agreement, click here Bonus #2: Extracted Clauses to Cut and Paste BONUS #2: CUT AND PASTE INSERTS Both this ebook and the appendix contain full sample retainer agreements and links to other agreements online. However, various sample clauses that you might want to include in some of these agreements are sprinkled throughout the book. To make it easier to add these clauses to your own retainer, I’ve listed them here separately by topic. Although this document is a PDF file, you should be able to cut and paste these clauses into a text file with minimal formatting and modify them as you wish. Note: It’s important to understand the reason for each clause. If you’re unsure of the purpose for a clause, please refer back to the text of the ebook for explanation. I. Chapter 1 Clauses: Scope of Work and Unbundling A. Sample scope of work for limited services representation: This is a contract for limited scope legal services between the ABC Law Firm and you, [client name] for preparation of a petition for uncontested divorce. The X State Bar permits lawyers to offer limited scope services and the ABC Law Firm has determined that your case is appropriate for limited scope services based on the information provided in the initial interview. Under this contract, the ABC Law Firm will prepare an uncontested divorce petition based on the information that you provided to us in the initial interview and in the attached questionnaire. Once the petition is completed, the Firm will provide it to you with instructions on how to file it in court. The ABC Law Firm is not responsible for filing the uncontested divorce petition. You understand that you will be responsible for filing the petition and further, that if you do not file the petition, the divorce will not take effect. _______ (CLIENT INITIALS]C If, during the course of this agreement, the ABC Law Firm determines that an uncontested divorce is no longer a reasonable course of action for your circumstances, we will notify you immediately and provide a full refund of any fees paid. Variation of unbundled services: legal advice by phone or email only: As a convenience to our small business start up clients, the Law Firm of ABC offers 30 minute phone consultation services for a fee of $________. During these sessions, we can answer basic questions and provide advice regarding incorporation of your business, tax matters, social media policies and other issues common to small business clients. You understand that any advice that we offer during these conversations is based solely on information that you provide, and further that providing incomplete or inaccurate information will impact the accuracy of the advice that the Firm provides. B. Sample language for limited types of communication: The services provided under this agreement do not include any phone calls or in-person meetings. The Firm will communicate with the client exclusively by [specify: email/client portal]. [Optional language: Any in-person meetings, office visits or phone calls will be billed at an additional rate of $_________] C. Sample language for a subscription service agreement: This is an agreement for Small Business Advisory services between the Law Firm of XYZ and AB Corporation under the firm’s Gold Membership Subscription Plan. Under the Gold Plan, each month, the AB Corporation is entitled to (a) review and edits of up to three contracts 50 pages in length or less; (b) up to four hours of phone consultation and (c) up to fifteen email interactions. Services are provided on a “use it or lose it” basis and do not roll over to the subsequent month. The charge for the Gold Plan is $150/month, and requires a minimum three-month subscription plan. Any additional services outside the Gold Plan may be provided at your request under a supplement to this agreement, at a discounted billing rate of $_____________. Subscription service, variation 1 (incorporation by reference of existing service menu) This is an agreement between the Law Firm of XYZ and AB Corporation for the Start-Up Entrepreneur Platinum Service described at [website/or attached as Addendum A to this agreement]. D. Phased approach and deliverables: Phased approach: I. Preliminary Phase o Preparation of motion to intervene o Preparation of Entry of Appearance o Appearance at Pre-Hearing Conference before the [Regulatory Agency] II. Pre-Hearing Phase o Discovery requests on issues relevant to [Issue X] o Pre-filed testimony (direct and rebuttal) on [Issue X] o Focused review of filed testimony on [Issue X] o Up to two motions to compel or other pre-hearing motions or responses (additional motions or responses subject to additional fee) III. Settlement (if no hearing, or if hearing but parties decide to settle) o Settlement discussions/negotiations; o Drafting proposed condition/settlement agreement language; o -Advice and analysis on settlement agreement IV. Hearing (if settlement fails) o Witness preparation o Participation/attendance of hearing o Post hearing briefs on [X issue] This estimate includes the following: o All costs, including computerized legal research, messenger fees, photocopying, travel and parking fees, postage and other administrative costs for up to five intervenors. Costs for additional intervenors (photocopies, postage and administrative) will be billed directly will no mark-ups. o All communications with client regarding the case, including emails, conference calls, progress reports and strategy sessions. NOTE: This scope of work assumes that the proceeding will include five intervenors, in addition to the applicants and 10 relevant witnesses. The firm reserves the right to charge additional administrative fees in the event that review of additional witness testimony or discovery requests are required. Deliverables: Deliverables: The firm will prepare an Employment Manual for ABC Corporation and an accompanying memorandum explaining key legal developments on social media in the work place. A draft of the manual and memorandum will be provided no later than [XXX] and a final version no later than [XXX] E. Agreement by email “Joe” : You asked about my availability and fees for reviewing a permit application. For a single, standard permit application by a single company, I charge a flat fee of XXX for the permit application "lifecycle." This includes reviewing the permit to ensure compliance with applicable regulations, assisting with responses to any additional information requests after the permit is filed, filing the application electronically docket and responding to any other issues that may come up prior to the agency’s acceptance of the permit application and issuance of public notice. The standard flat fee does not apply to [scenarios x or y]. I don't think that your proposal falls into either of these exceptions. This email will serve as a retainer agreement if the terms are acceptable. Please let me know. BONUS: Advance conflict waiver: I, [Client name] acknowledge that I have been informed by that concurrent representation by the Law Firm of XXX of our interests constitutes the representation of potentially conflicting interests, to the extent that our separate interests may potentially become adverse. I nevertheless knowingly and voluntarily consent to such concurrent representation. I acknowledge that I have been advised that I have the right to seek independent legal counsel in connection with the advisability of waiving said conflict, and that I have had a reasonable opportunity to do so. CHAPTER 2: See the fee A. Flat fee with milestone approach: The fee for this [driving under the influence/DUI] case is $X, which must be paid in full at the time that you return this signed retainer agreement in order for the firm to begin representation. The fee will be deposited into the firm’s trust account. The fee of ($X) will be deemed earned and transferred to the firm’s operating account as follows: Milestone 1: Client interview and preparation of case strategy – 50 percent of fee or $X Milestone 2: Preliminary hearing/first court appearance – 30 percent of fee or $X Milestone 3: Trial – 20 percent of fee or $X Option 1 - If the case is resolved to your satisfaction before any of these milestones are reached, the entire fee will be deemed earned at that time. Option 2 – If the case is resolved to your satisfaction before Milestone 2 or 3 are reached, the entire fee will be deemed earned at that time. If the case is resolved to your satisfaction before Milestone 1, the fee will be deemed earned at that time, however, client will be entitled to a refund/discount of $_____. Anticipating client termination of flat fee agreement: Fees will be deemed earned and released from the trust account to the firm as each of the following milestones is reached: [Milestones] If you choose to terminate this agreement, the firm is entitled to retain the fees collected after each Milestone is retained, [OPTIONAL - plus any fees for additional work performed towards the accomplishment of the next Milestone.] The firm will refund to you any unearned funds remaining in the trust account. B. Phased billing: Discovery: $X Up to 2 motions to compel: $X Summary judgment motion: $X Trial $X Post-trial briefs $X The firm will invoice for each of the tasks, with payment due two weeks after the invoice is received.
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