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Agreement
By submitting this application
you are agreeing to the following:
You retain Matthew D. Carling,
Esq., (“ATTORNEY”) to represent you (“CLIENT”) in a Name Change
action.
CLIENT agrees to pay ATTORNEY
the following:
| Preparation
of all documents, postage, delivery of same to Court, picking up documents
at Court, and mailing copies to parties: |
$500 |
| Filing
Fee: |
$148 |
| Publication |
$100 |
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All fees and costs must
be prepaid.
The above fee agreement
is based upon information presented to ATTORNEY by CLIENT at the time
of this Agreement. If additional issues are raised or if the scope
of work contemplated either changes or is increased, then all work shall
be billed out at ATTORNEY'S standard hourly rate set forth in this Agreement
at $250./hour. Should CLIENT decide to terminate this matter before
completion, against the recommendation of ATTORNEY, CLIENT agrees to
compensate ATTORNEY for the time expended on this matter at the aforementioned
hourly rate.
ATTORNEY, at ATTORNEY'S sole
discretion, may withdraw from the representation of CLIENT at any time,
but that withdrawal shall not affect ATTORNEY'S right to be compensated
for fees and costs already incurred.
CLIENT, at CLIENT’S sole
discretion, may discharge ATTORNEY from the representation of CLIENT
at any time, but that discharge shall not affect ATTORNEY’S right
to be compensated for fees and costs already incurred.
CLIENT shall pay and reimburse,
and where practicable, advance to ATTORNEY all costs, including but
not limited to court reporter fees, expert consultant and witness fees,
computer research fees, private investigator fees, process server fees,
courier fees, copy charges, long distance phone calls, facsimile charges,
filing fees, mailing costs, parking fees and other disbursements made
in connection with this matter. All expenses incident to travel,
if any, by firm members on this matter shall be reimbursed by CLIENT,
including air and ground transport, lodging and meals. Any unpaid
expenses may be deducted from the CLIENT'S share of any recovery in
the matter.
If contested, billing statements
shall be sent out to CLIENT monthly. Payments on all statements
are due fifteen (15) days after the date of the statement. If
not paid when due, the balance shall accrue interest at the rate of
one and one-half percent (1-1/2%) per month. All questions or objections
regarding any billing must be made by CLIENT in writing within thirty
(30) days of the billing or CLIENT will be deemed to have waived such
objection.
In the event of a loss,
the CLIENT may be liable for the opposing party's attorney's fees and
costs. A suit brought solely to harass or to coerce a settlement
may result in liability for malicious prosecution or abuse of process.
CLIENT hereby gives and grants
unto ATTORNEY a lien on CLIENT’S cause of action, and any proceeds
or judgment in that action, to the extent of the share of those proceeds
or that judgment and/or sums herein agreed to be paid to ATTORNEY as
attorney's fees and disbursements; and CLIENT expressly assigns to ATTORNEY
any proceeds and any judgment relative to said cause of action, to the
extent of said attorney's fees and disbursements.
ATTORNEY shall have the right
to assign office personnel, including associate attorneys, paralegals
and law clerks, to the case in ATTORNEY'S sole discretion. CLIENT
shall so designate in writing if CLIENT desires to have certain attorneys
or personnel handle the case exclusively or if CLIENT desires to have
certain ATTORNEYS or personnel excluded from handling the case.
CLIENT acknowledges that ATTORNEY
has not and cannot guarantee any result in a “contested” matter,
and any statements regarding the possible outcome of any case are only
the opinion of ATTORNEY.
ATTORNEY shall not settle or
compromise this matter without the approval of CLIENT.
CLIENT agrees to do all that
is necessary to provide ATTORNEY with information requested by ATTORNEY
concerning the case.
Any fees billed on an hourly
basis shall include, but shall not be limited to, time spent on the
telephone, in negotiations, drafting, dictating, conducting legal research,
conferences with other attorneys, experts, consultants or witnesses,
traveling, conducting discovery, time spent in court (including waiting
time), time in depositions, and all other efforts on CLIENT'S behalf
in this matter.
This is the entire Agreement
between the parties and any modifications or additions to this Agreement
must be made in writing and signed by both parties.
The efforts by ATTORNEY on
CLIENT'S behalf shall be performed in Nevada and elsewhere as needed.
This Agreement shall be governed by the laws of the State of Nevada
and all legal action arising out of this Agreement shall be conducted
in Nevada. If any legal action is brought as a result of this
Agreement, the prevailing party shall be entitled to costs incurred
plus a reasonable attorney's fee.
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