RETAINER FEE AND COST DEPOSIT:
Our Clients pay the Trembly Law Firm a non-refundable retainer fee—determined by the complexity of the case and amount of work required—to retain the Firm’s services, which is applied to our Clients’ accounts and charged against at the hourly rate described herein. Clients will be billed for time spent on their matter rounded to the nearest 6-minute increment of every hour, in other words, .1 hours for every six minutes spent on the Client’s behalf. For example: 30 minutes = .5 hours; 4 minutes = .1 hours; 10 minutes = .2 hours; etc.
Additionally, our Clients will pay a cost deposit—determined by the amount of costs anticipated in the case—which will be held in a separate account than your retainer fee and applied toward any necessary costs incurred on your behalf. Such costs include, but are not limited to, court filing fees, issuance of summonses, service of process, court reporter fees for attendance at depositions and hearings, transcriptions of depositions and hearings, courier services, travel expenses, if necessary, subpoena costs, witness fees, mediator fees, accounting fees, appraisal fees and other expert fees, etc.
BILLING REASONABLE FEES:
Unless otherwise agreed to by Client and Firm, Clients agree and acknowledge that Trembly Law Firm charges for Partner Brett Trembly, Esq. at the rate of $385.00, for Senior Litigation Counsel at the rate of $365.00 an hour, Associate Counsel at the rate of $335.00 an hour, for research attorneys at the rate of $250.00 an hour, and for Paralegals and Law Clerks at the rate of $150.00 an hour for time spent performing work on your case. The fees shall cover and include all time spent representing you, including: time spent drafting pleadings and other documents, legal research, travel to and from hearings, depositions, etc., telephone conferences, settlement negotiations, administrative time for opening and closing the file, and any other time necessary for your case. Payments made by Clients will first be applied to fees, and then costs. Client also grants the Trembly Law Firm the right to file a charging lien in the case if the Firm must withdraw from the case due to non-payment.
If the Firm is in a position where a client has failed to abide by the terms of their Retainer Agreement or other arrangement due to non-payment, the Firm will advise the Client that all non-essential work on their matter has been suspended (matters which could prejudice your case will still be handled as long as we are attorneys of record). (By the way, we encourage you to implement this policy in your business as well!).
At that point, staff members will cease performing all non-essential work on that file until the non-payment issue is resolved. Please stay current with payments so that we can remain focused on solving your legal matters without interruption.
ENFORCEMENT OF THE RETAINER AGREEMENT:
Collection: In the event it becomes necessary to enforce the Retainer Agreement for unpaid costs and/or fees, Client shall be charged for the Firm’s reasonable attorney fees for any and all costs associated therewith. Client waives protection from garnishment as set forth in Florida Statute § 222.11.
Litigation: In the event the parties hereto engage in litigation over the terms of this agreement and/or over unpaid fees and/or costs, the prevailing party shall be entitled to attorney fees. The parties agree to venue and jurisdiction in Miami-Dade County, Florida. The parties also waive the right to a trial by jury.
Severability: This Agreement contains the entire understanding of the parties and may not be varied or modified unless in writing and signed by the parties to be affected by the modification. If any provision(s) of this Agreement is judicially declared invalid and/or unenforceable, the remaining provisions shall remain in full force and effect.
CLOSING YOUR CASE:
At the conclusion of your matter, the Trembly Law Firm will charge a single administrative fee of $500.00 for closing your case. Clients will receive a detailed letter describing the conclusion of their matter and will be scheduled for an in-person Exit Interview to discuss the contents of the closing letter. At the Exit Interview, we will recap your case and discuss how the outcome of your matter affects you/your life/your business moving forward. You will also be asked to share your experience with the Firm and complete an evaluation, which will help enable us to make any improvements we need to make to obtain additional “A” clients like you.
Firm may file a charging lien on client’s matter should Client fail to pay Firm for services rendered and/or for services under Client’s Retainer Agreement. Firm may also request the Court not allow Client to retain substitute counsel until Client pays Firm all outstanding monies owed.