Best Business Practices for Photographers [194]
Case Staffing
Attorney, at their sole discretion, has the exclusive right to take on additional attorneys to assist in the case. Client does hereby assign to all lawyers, paralegals, law clerks, and others who are now, or may be during the course of the case, the power to work on this case. Attorney shall not perform any work or service for or on behalf of client unless specifically outlined in this Agreement.
Control of Case
Client does hereby assign to Attorney all rights necessary for this case that Attorney deems worthwhile, including the filing of claims, suits, motions, or other legal papers. Where Attorney determines it is best to do so (as in, waivers, for example), Attorney will accede to client to make decisions.
No Guarantee of Results
At no time, has, or will ever, Attorney make any guarantees to Client as to the outcome or success of the case.
Billings
Attorney shall bill, and Client agrees to pay legal fees, as outlined below:
Client agrees to pay Attorney a minimum, non-refundable retainer fee of $2,500. This retainer fee provides for time to be set aside by Attorney, on behalf of client, to take on this case. This payment is for services to be rendered, and shall not be held in trust on behalf of Client, and in the event less than this fee be used in performance of Attorney's duties, no refunds of any remaining amounts shall be made.
All work done by Attorney shall be billed against the retainer, at an hourly rate of $200 per hour. This is the billable rate whenever Attorney works on this case. This includes, but is not limited to research, interviews, preparation of legal documents or court appearances, depositions, phone calls, expert meetings, waiting time, and any other work performed for this case, at the sole discretion of the Attorney. Any work performed on this case which takes place after 6pm or before 8am during the work week, on federal holidays, or weekends, or otherwise on a "rush" basis, shall be billed at an hourly rate of $350 per hour.
Where Attorney engages the services of a law clerk, legal aide, or paralegal, the following rates apply: For Law Clerks – $125 per hour, for Legal Aides – $90 per hour, and for Paralegals – $140 per hour. The same basis for these applies—i.e., any time they work on the case with, or on behalf of, Client at Attorney's direction. Further, it is understood that any conversations between Client and these individuals is not legal advice.
Fees and Expenses beyond Retainer
Client has reviewed in full this Agreement, and understands that the final fees and expenses will almost certainly exceed the retainer paid under this Agreement.
Non-Payment by Client
It is Attorney's policy that bills are payable as denoted on invoices, usually 30 days from date of invoice. Attorney is willing to make fair and reasonable arrangements for Client to establish a payment plan following the exhaustion of the retainer. In the event that Client fails to make timely payments of invoices presented, or make suitable arrangements for a payment plan, Attorney shall effect a Motion to Withdraw at the soonest possible time, and make efforts to collect payments for all billed fees and expenses, in addition to late fees, whether by collection service or lawsuit.
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The retainer agreement would go on to make other recitations and further define what's being done for you and what they will not do. Don't be put off by the document; they're usually pretty fair and are a cornerstone of all work done for you.
Phone Calls
Attorneys and those who work for them will be billing you for any phone calls "of substance." This means that if you call to set up a conference call or ask that the attorney call you back, or if you call to discuss with the attorney when you will be coming in to sign documents, you won't be billed. But if you call and ask a question about a case or you call asking for the definition of, say, published versus unpublished for