AGREEMENT FOR CRIMINAL OR TRAFFIC MATTER
1. SCOPE OF REPRESENTATION
The firm of Mead Law, P.A. agrees to defend ___________________________________________. (hereafter Client). (Field 1 below)
The attorney agrees to represent the Client as follows: in all preliminary appearances or hearings related to the Trial of this case and at any Sentencing hearing which may occur. This agreement will not include: representation of the Client on any post trial motions, appeals to the Circuit or Appellate Courts or on any Petition for Post-Conviction Relief (unless otherwise provided in this Agreement).
2. ALL PAYMENTS TO BE DEPOSITED TO ATTORNEY’S OPERATING ACCOUNT
Pursuant to the provisions of the Maryland Rules of Professional Responsibility, Rule 1.15(c), an Attorney shall deposit legal feeds and expenses that have been paid in advance to a client trust account and may withdraw those funds for the Attorney’s own benefit only as fees are earned or expenses incurred, unless informed consent is given by the Client to a different arrangement. It is the policy of the Attorney that all fees paid under this Agreement will be deposited directly into the Attorney’s operating account.
This means that the Attorney will not be required to deposit any fees paid by the Client into the client trust or escrow account. The purpose of a client trust or escrow account is to provide safeguards to the Client. By signing this agreement, the Client understands that any fees paid will not be placed into a client trust or escrow account but instead into the Attorney’s operating account and the Client is consenting to the loss of these protections. Protections lost include unearned fees being exposed to the Attorney’s creditors when maintained outside of an Attorney Trust Account. If the Client wishes to arrange other methods for payment of Attorney’s fees, including having unearned fees placed into a client trust or escrow account for the Client’s protection until earned, the Client must inform the Attorney prior to signing this agreement. The Client and Attorney must agree to any other arrangements in writing.
The Client agrees that the Attorney has communicated adequate information and explanation about the material risks of and reasonable available alternatives to the fee agreement and the Client is giving informed consent pursuant to Maryland Rules of Professional Responsibility, Rule 1.15(c), to waive the requirement that all unearned fees be deposited into a client trust or escrow account.
3. DISCHARGING ATTORNEY
The Client understands that if for whatever reason the Client determines that they no longer wish to retain the Attorney and request a refund it is only at the discretion of the managing partner under limited circumstances that a refund may be granted in compliance with the Maryland Rules of Professional Responsibility.
The Client also understands that should they no longer wish to retain the firm; the Client will be charged at a rate of $400 per hour for all time spent on the case and will only be refunded the balance. The refund will be made to the individual who made the payment. These funds will not be available for up to ten (10) working days. If the case is charged in the United States Federal Court our hourly fee will be $500. Attorney/Client communication, including related parties, will be billed at partial hourly rates per quarter of an hour. For instance, phone calls or text messages will be billed at a minimum of fifteen minutes per communication. This includes any individual communicating related the case.
The Client understands that other law firms and attorneys may have different practices regarding receipt off fee payments. Client understands the Attorney’s procedures and with full knowledge and consent agrees that all fees paid are to be deposited into the Attorney’s operating account in lieu of any escrow account.
4. JAIL VISITS
The Attorney’s of MeadLaw will conduct jail visits on a need-to basis. There will be an initial visit followed by a visit to discuss discovery/trial issues. Any ADDITIONAL visits may be charged an hourly rate SEPARATE from the flat fee agreed to herein.
5. EXPENSES
The Client remains at all times responsible for all court costs, investigation fees, expert witness fees, subpoena and service of process fees, and costs for transcripts. These costs are not included in the Attorney fee.
6. FEE
The fee for representation for this matter is: (Field 2 below)
Client/Responsible Party Initials ______ (Field 3 below)
7. DISPOSAL OF FILES
At the conclusion of the case, the Client’s files will be maintained by the Attorney for no less than three (3) years, but at the Attorney’s option may be destroyed after three (3) years. Client may take possession of the file upon written request. Client consents to the destruction of the file.
8. SPECIAL/ADDITIONAL TERMS (Field 4 below)