Law Offices of Michael Deitch and Associates

Law Offices of Michael Deitch & Associates

Please contact mike.d@dhpc-law.com
with your comments or questions.

Some Terms of Representation
(if a written engagement is entered into)
BY LAW OFFICES OF MICHAEL DEITCH & ASSOCIATES

LAW FIRM RETAINED: Upon engagement to perform services of a legal nature, the client retains the Law Offices of Michael Deitch & Associates, 800 Rio Grande, Austin, TX 78701, herein referred to as the Firm. In consideration of the compensation agreement set forth herein, the Firm agrees to provide its best efforts in furnishing legal services.

LAW FIRM ACCEPTS REPRESENTATION: The Firm agrees to perform all legal services which are within the scope of representation and are necessary and appropriate on behalf and in the name of the Client to protect the Client's interest in such legal matters.

NO GUARANTEED OUTCOME: The Client understands that the Firm cannot guarantee the successful outcome of any contested claim or negotiation or the favorable outcome of any legal action that may be filed or be required to be filed on behalf of the Client by the Firm. The Firm has not guaranteed that it will obtain reimbursement to the Client of any of his or its costs or expenses resulting from the incident out of which the claim may arise. The Firm shall strive to bring this matter to a prompt conclusion by way of court disposition or negotiated settlement as Client desires. Nonetheless, there are always significant risks in legal matters. Negotiations and litigation can oftentimes run at their pace due to facts beyond the control of the parties. Often emotions and impressions can play a vital role in any contested matter, contribute to uncertain results, and complicate negotiations or litigation. Moreover, the cost of legal representation varies due to numerous factors beyond our control, such as the reasonableness of the parties and their counsel, litigation strategy of opposing party, factual, legal and procedural issues which arise throughout the representation, incorrect decisions of the court, and the nature and extent of any appeal. The Firm will do our best to evaluate this matter, and properly advise Client so that Client can make informed decisions, but because of the multiplicity of factors which influence the outcome of such matters, the Firm cannot warrant or guarantee any particular cost estimate, result or outcome.

HOURLY RATE PLUS EXPENSES: In consideration of the services to be rendered by the Firm to the Client, the Client shall pay to the Firm fees for legal services actually performed for the Client by the Firm which services shall be charged for, at the then prevailing hourly rates of the attorney, law clerk or legal assistant performing such services. Our services are calculated in tenths of an hour which are rounded upward to the nearest tenth.

HOURLY RATES: The Firm will strive to provide Client with quality legal services on a cost-effective basis. The Firm's fee schedule varies according the knowledge, experience, and expertise of the lawyer involved, and varies from year to year. These rates are subject to change no more than once per year in January; however, the Firm will give Client written notice prior to any change in excess of $10.00 per hour. The recording of time by the Firm shall apply to time spent on pleadings, briefs, correspondence, memorandum, reports, conferences, telephone conversations, preparation of discovery documents, investigation, legal research, preparation for and appearances in court, and all other tasks necessary in the reasonable judgment of the firm to adequately handle the matter.

CLIENT PAYS COSTS AND EXPENSES: The Client further agrees to assume and pay for all out-of-pocket disbursements incurred in connection with this matter. These shall include filing fees, witness fees, expert fees, travel, sheriff and constable fees, expenses of depositions, investigative expenses and other incidental expenses. Photocopying charges are $.22 per copy, mileage outside the City of Austin is 30 cents per mile. The Firm also charges its cost for database access usage, such as Westlaw, BANCAP, PACER, Secretary of State and asset investigation searches.

ALL CHARGES ITEMIZED: The Firm will itemize all of the services rendered and the time actually expended in rendering those services. The Firm will itemize all out-of-pocket disbursements and expenses actually incurred. Billings for the month shall be billed at or about the 20th day of the month and are due upon receipt. The Client shall pay the bill (and replenish any retainer if applicable) in full to the Firm not later than the 20th day of the month following that in which the bill is sent. Thereafter, the bill shall be considered to be past due. If the Client has a disagreement or question about the validity of any charge that it receives on any billing, the Client shall immediately call the Firm and give notice of the complaint or question. Failure to raise a complaint or question by the 10th day of the month following the month of the bill shall conclusively be deemed an acceptance of the correctness of the billing.

DELINQUENCY GROUNDS FOR TERMINATION: If the Client becomes past due in its payment of its obligation to the Firm and other satisfactory arrangements are not made, the Firm shall have the right to notify the Client, in writing, of its intent to terminate the employment and representation of the Client. If litigation is pending, the attorney may make application to the presiding judge in the court in which the litigation is pending for permission to withdraw as the Client's attorney and shall state in the application that the compensation agreement has been breached by the Client and that that, standing alone, shall constitute grounds authorizing withdrawal from further representation of the Client by the Firm. The Client is now informed that the court has broad discretion and is the sole arbitrator in determining whether or not the specific time of withdrawal of the firm from its representation of the Client in pending litigation is done at a time which is not prejudicial to the interest of the Client and the court. It is further understood, however, that the mere fact that the Client is unable to acquire substitute counsel and representation in pending litigation is not a ground for prohibiting the Firm from withdrawing from such litigation in the event that the Client becomes delinquent in the payment of its fee obligation to the Firm.

DELINQUENCY DRAWS INTEREST: It is further agreed that any fee or expense which becomes past due in any given month shall draw interest at the rate of six percent (6%) per annum.

TERMINATION AT WILL OF BOTH PARTIES: The Client's employment of the Firm is at the will and discretion of the Client. The Firm's continued representation of the Client is at the will and discretion of the Firm; providing, however, the termination of employment by the Firm will not be done under circumstances that prejudices the fundamental rights of the Client.

ATTORNEY'S OBLIGATION TO THE COURT SYSTEM: In order to reduce the conflicts and inefficiencies that sometime result from zealous advocacy, the Texas Supreme Court has adopted the Texas Lawyers Creed. A copy is enclosed. Please be aware that our conduct is governed by that Creed. The Client agrees that the Firm will not advance any spurious claims of fact or law in the advancement of the claim covered by this employment agreement. In the event of a conflict between the attorney and Client as to whether a proposed course of action violates or purports to violate rules of ethical conduct, resolution of that conflict shall be solely vested in the Firm. If the Client persists, at any time, in advancing a spurious claim of fact, the Firm may treat this contract as breached, may withdraw from the employment, may withdraw from the litigation in the manner provided for above and shall be entitled to whatever rights that the Firm would otherwise have for breach of contract.

COMPLAINTS ABOUT SERVICE: We strive to satisfy our Clients. If there is anything that the Firm does on your behalf that raises a concern or dissatisfies you, please let us know (preferably in writing). We will attempt to resolve this with you. However, you also have a right to file a separate complaint. We enclose a brochure regarding your rights.

CLIENT'S AUTHORITY TO CONTRACT: The Client represents that it is the full owner of the claims and matters for which it has engaged the Firm; that such Client has full authority without encumbrance to prosecute the same and to enter into this contract of employment.

BINDING CONTRACT: This contract is binding upon the parties hereto, their successors, executors, administrators and heirs and may not be altered or amended except in writing signed by all of the parties hereto. No provision of this contract may be waived unless such waiver is in a writing signed by that waiving party.

PLACE OF PERFORMANCE AND GOVERNING LAW: This Contract is entered into in Austin, Travis County, Texas, and is performable at such location. This Contract and the relationship between the Parties shall be governed by and enforced under the laws of the State of Texas. In the event that any dispute results in litigation the state courts of Travis County, Texas shall have exclusive jurisdiction and venue.

WORK FILES - RETENTION AND DISPOSITION: All of the Firm's work product will be owned by the Firm. Subject to the Firm's obligations in the event of its withdrawal, and further subject to casualties beyond our control, the Firm shall attempt to retain and maintain all major and significant components of the files of the Firm relative to its legal representation of Client for a period of three (3) years following the conclusion of such legal representation and during such time will afford Client reasonable access of such files. THEREAFTER, SUCH FILES MAY, AT THE FIRM'S SOLE DISCRETION AND WITHOUT NOTICE TO CLIENT, BE DESTROYED.

E-MAIL COMMUNICATIONS: To the extent appropriate, the Firm communicates with its Clients (and others) by means of electronic mail. Over time, the use of e-mail has proved to be vastly efficient means of exchanging both messages and documents. The Firm is mindful of the concerns of some Clients that e-mail transmissions could be compromised. The use of encryption, however, although intended to be "seamless" in use, can cause difficulties in communication with some parties. Unless specifically instructed by Client in writing, the Firm will assume Client's consent to the use of unencrypted e-mail as a means of communications.