PAMELA A. CALHOUN
ATTORNEY & COUNSELOR AT LAW
Lyric Centre LETTER AGREEMENT CREATING
440 Louisiana, Suite 900 ATTORNEY-CLIENT RELATIONSHIP
Houston, Texas 77002
713-236-7793 Office
713-236-7748 Fax
pcalhoun@pdq.net
www.calhounfamilylaw.com
Date:
Re: Employment Contract
Dear :
The purpose of this letter is to confirm our agreement concerning representation of you in
connection with the following family law matter:
You have retained and employed PAMELA A. CALHOUN ("Attorney"), through this
document, as your agent and attorney-in-fact, to advise, counsel, negotiate, investigate, handle,
prosecute, and/or defend said family law matter to final settlement or adjudication, and attorney
is hereby authorized and empowered through this document to use and employ such other
persons and/or entities which Attorney deems necessary for the proper handling of said matter,
but shall do so only after first notifying you of such intentions.
You and Attorney agree that it is desirable to reach a clear agreement as to the basis of the
fees to be charged in order to prevent later misunderstandings. It is not the policy of this office
to set a fixed fee for legal services. It is impossible to determine the amount of time required to
conclude your case, and your ultimate fee will depend on the time required to bring this case to
a conclusion. The amount of time required will depend on factors such as whether or not
discovery is required, whether your case is tried or settled, and if tried, whether it is tried to the
judge or a jury. We will not have total control over the direction and course of this case. The
actions of the adverse party and his/her attorney will have a great deal to do with the time
required to finalize your case.
In consideration for the services rendered and to be rendered on your behalf by Attorney,
you hereby agree to pay Attorney a reasonable fee based on factors to be considered as guides
in determining the reasonableness of a fee, as set out in the Code of Professional Responsibility
and approved by the Supreme Court of Texas.
For legal services rendered, you have agreed to pay a minimum non-refundable retainer
fee of $ , against which you will be billed at the rate of $250.00 per
hour, except that time spent in trial will be billed at the rate of $275.00 per hour. You will also be
billed for costs and expenses advanced by this office on your behalf. Itemized statements of
your account will be sent to you periodically, and will be payable within ten (10) days of the date
of the statement. If the bill is not paid in accordance with the terms of this agreement, Attorney
will either withdraw as your attorney of record, or will demand immediate payment of an
additional retainer fee which may be based on the estimated time required to conclude your
case.
In addition to the initial retainer fee, you have agreed to pay an additional retainer fee prior
to mediation, if mediation becomes necessary, and an additional trial retainer immediately upon
the setting of your case for trial. The amount of the mediation and trial retainers will be based
on the estimated time required to mediate or try your case.
Again, it is impossible to make a meaningful estimate of the total fee, but we will bill you at
frequent intervals, so as to keep you apprised of the charges as they are incurred.
You will be billed for all time spent on your case, including but not limited to, legal research,
drafting of pleadings, conferences, telephone conversations, preparation of discovery
documents, investigation of facts, preparation for an appearance in court, and other tasks,
necessary to adequately handle the matter in controversy, including travel to and from
necessary locations. Court costs, deposition costs, duplication costs, courier service fees, filing
fees, travel expenses, long distance expense, fax charges, accountant's fees, appraiser's fees,
consultant's fees and professional witness fees incurred on your behalf, and other
disbursements, will be paid directly by you or by cost deposit, or when advanced by Attorney, will
be borne by and paid for by you. Additionally, the fees and charges set out above shall be
deducted from any settlement or award to you if still outstanding.
It is further agreed and understood that any and all services rendered by Attorney on your
behalf subsequent to or after settlement and final adjudication, specifically exclusive of appeal,
shall be included in the services herein contracted for, and shall be billed at the hourly rates
provided for herein.
In the event an appeal is determined to be necessary after trial, it is agreed and understood
that any further representation will require a new contract to be negotiated for the services of
Attorney.
You understand that Attorney has made no representations concerning the successful
termination of the claim or claims relating to the matter in controversy or the favorable outcome
of any legal action that may be filed, and has not guaranteed that Attorney will obtain
reimbursement to you of any costs or expenses incurred by you in the prosecution of said claim
or claims. You expressly acknowledge that all statements of Attorney on these matters are
statements of opinion only.
This contract embodies the entire agreement of the parties hereto with respect to the
matters herein contained, and it is agreed that the terms and conditions and stipulations hereof
shall not be modified or revoked unless by written agreement signed by both parties and
attached hereto and made a part hereof.
PAMELA A. CALHOUN
ACCEPTED AND APPROVED this day of
20 .
CLIENT