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Fee Agreement Language



Neal/Haytham,

 

I took a closer look at the current fee agreement because I had questions on the travel payment language and came up with the following recommended adjustments:

 

Client agrees that The Firm shall be entitled to a flat fee of $20,000.00 ($10,000.00 for the pretrial stage of the proceedings up to and including any Article 32 Hearing or waiver of such hearing and $10,000.00 for the General Court-Martial)

 

I believe that they should pay full freight for pulling us off the market and they are paying for anything that happens up and until trial as opposed to "just the 32" which I believe is too narrow and we obviously do much more.  That's they bargain they struck otherwise we would bill them hourly.

 

If travel becomes necessary, all transportation and lodging expenses shall be paid five business days prior to said travel.

 

I am hesitant to put an amount in and sometimes travel is a distant issue so in the spirit of deposit prior to travel the big three are covered and pre-paid.  The rest to be settled via travel claim.

 

Remove

 

"Upon termination of representation, The Firm will refund to the Client the amount of any flat fee that has not been earned as of that time.  Fees will be earned in proportion to the work and at intervals corresponding to milestones in the judicial process."

 

If it is a flat fee it is my understanding that they owe the whole thing and it is our property.  I know there is a possible quantum merit issue but from the fee agreement I don't think we should concede that with the client given the opportunity costs…etc.

 

I probably missed it and will reread again…but we used to say something like the below and I just didn't see it in the version that was forwarded to me which indicated when the fees were earned.

 

Client knowingly and willingly consents to this arrangement for the treatment of all flat fees paid to The Firm are earned for the pretrial stage upon receipt and upon arraignment for the trial stage.

 

V/r

E

 

Eric S. Montalvo

Attorney at Law

1800 Diagonal Road

Suite 210

Alexandria, VA 22314

eric@puckettfaraj.com

 

(703) 706-9566  Phone

(540) 840-7717  Cell

(202) 318-7652  Fax

 

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