New York DivorceRETAINER AGREEMENTTHIS AGREEMENT FOR LEGAL SERVICES IS BY AND BETWEEN ______________________________________ AND ___________________________________ I. Nature of Services To Be Rendered This Retainer Agreement confirms that you have retained the attorneys of Easy Divorces to represent you in the preparation of a property settlement agreement and obtaining an Uncontested divorce. This Retainer Agreement, and any sums paid to Easy Divorces pursuant hereto, does not cover any services relative to any other services in any other court or which might be required following the entry of a final order, including but not limited to such matters as enforcement or modification proceedings or matters in Family Court. Specifically, the client understands that the attorneys are not undertaking to appear in any court or to engage in litigation of any nature with respect to your New York divorce. The client understands that representation shall terminate with the conclusion, final disposition, or entry of a final order of divorce, unless extended by mutual agreement between us in writing. II. Retainer. The client acknowledges that he/she has been quoted a flat fee for the attorneys to consult with them by phone or e-mail about their legal rights, to prepare all papers necessary to obtain an uncontested New York divorce, to file those papers in the appropriate jurisdiction and to obtain a judgement of divorce. The client understands that the fee quoted includes the attorney’s fees, all disbursements and all filing fees. The client understands that the attorneys will need information from the client in order to properly prepare their divorce paperwork and the client agrees to fill out all forms required by the attorney for this purpose. For a New York divorce and property agreement, the client agrees to pay the sum of $560.00 in attorneys fees and $550.00 in disbursements and filing fees, for a total fee of $1,110.00. The client understands that the full fee must be paid prior to the attorneys undertaking any services in connection with respect to the client’s uncontested divorce.
III Additional Fees and Services Not Included in Flat Fee The client understands that the fee quoted above encompasses only those specific services set forth in Article 1 of this agreement. More specifically, the client acknowledges and agrees that the fee does not encompass any negotiation of terms with the client’s spouse or substantive revision of documents based upon the refusal of the client or the client’s spouse to sign the completed documents prior to submission to the court. Should the client wish the attorneys to negotiate on his/her behalf or if re-negotiation and revision is necessary after completion of the papers, the client understands that he shall be required to sign a new retainer agreement and to remit an additional retainer amount to cover the negotiations and/or additional work required prior to said work being performed. The client understands that he will be charged an hourly rate of $200.00 per hour for said negotiations and/or revisions of substantive provisions and that he/she will advised of the amount of the retainer necessary to complete this additional work. IV. The Client's Right to Cancel the Agreement The client understands that he/she has the absolute right to cancel this Retainer Agreement at any time. Should the client discharge the attorneys of Easy Divorce prior to the completion of the divorce, he/she will be charged only the fees and expenses (time charges costs and disbursements) incurred for work actually done by the attorneys prior to your cancellation. The client understands that he/she will be charged an hourly rate of $200.00 per hour for all work performed and that she/she will receive a final detailed bill within 30 days of discharging Easy Divorce. In no event shall the fees charged for filing fees and hourly work exceed the flat fee paid by the Client. If the Client terminates representation and the Client has not incurred charges for fees and/or expenses equal to the retainer, any sum remaining will be refunded to the Client.
VI. Terms of Attorney's withdrawal from case and return of Client's file. The attorneys of Easy Divorce reserve the right to withdraw from this case for non-cooperation of the client, non-payment of fees or additional fees or disbursements or for any reason permitted or required by the ethical standards of New York State.
VII. Acknowledgment and Understanding The Client acknowledges that he or she has read this agreement in its entirety, has had a full opportunity to consider its terms, and has had a full and satisfactory explanation of same, and fully understands its terms and agrees to such terms. The Client acknowledges that this Agreement sets forth all the terms of the Client's engagement of Easy Divorce. There are no other Agreements or understandings between Easy Divorce and the Client.
VIII. Additional Provisions The client specifically understands that he/she is not retaining any particular attorney within Easy Divorce but is retaining the entity Easy Divorce. The client understands that more than one attorney may work on the case and that matters may be delegated to paralegals or other staff in the sole discretion of Easy Divorce. The client agrees to cooperate with the attorneys and other staff of Easy Divorce in all matters related to the preparation of a property settlement agreement and divorce. The client understands that he/she shall be kept apprized of the status of the case. The client will receive one copy of all documents submitted to the court for filing. Additional copies requested by the client or his/her spouse shall be provided upon receipt of a reasonable photocopy charge. The client understands that he/she will be provided with one certified copy of the judgement of divorce, as will his/her spouse. Should the client or his/her spouse require additional copies, the same will be provided upon payment of reasonable copying and certification fees. The client will be advised of these fees and payment shall be remitted prior to Easy Divorce providing more than one certified copy to each of the parties to the New York divorce. Easy Divorce will not under any circumstance agree to take a security interest in the form of a confession of judgment, promissory note, or mortgage upon specified property as and for payment on an outstanding balance due with the Firm. IX Modification of this agreement The client understands and agrees that the terms and provisions of this agreement may only be modified in writing signed by both Easy Divorce and the client. THE CLIENT UNDERSTANDS THAT NO WORK WILL BE PERFORMED ON HIS/HER BEHALF UNTIL THE HARD COPY OF THIS RETAINER AGREEMENT IS RECEIVED BY EASY DIVORCE AND THAT HE/SHE WILL BE PROVIDED WITH A FULLY EXECUTED VERSION OF THIS AGREEMENT.
I HAVE READ AND UNDERSTAND THE ABOVE RETAINER AGREEMENT, HAVE RECEIVED A COPY, AND ACCEPT ALL OF ITS TERMS. __________________________________ Date:
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