Defendant and anyone who may cosign this document on behalf of defendant (“you”) hereby enter into the following Criminal Defense Fee Agreement (Fee Agreement) with Aarons Law Firm PC by Stephen D Aarons (“I”):
1. SCOPE OF WORK: I will represent Defendant in the following criminal case: _____________________________________________________________. I will provide competent representation and zealously advocate for the best possible result within the bounds of law. Depending on how the case proceeds, this may mean that I will represent you at arraignment, secure a reasonable bond, obtain discovery evidence from the prosecution, find defense witnesses and evidence, file legal motions, engage in plea negotiations, prepare for trial, conduct jury selection, make opening statement, examine witnesses, seek a directed verdict, and present closing argument at the close of evidence as to why the court should dismiss the charges. If Defendant is found guilty, whether by plea agreement or verdict, I will present matters at the sentence hearing for the lowest possible sentence. Finally, I will file a notice of appeal and docketing statement.
2. FEE: You agree to pay for my services as follows:
___ A. Hourly Fee. You agree to pay an initial retainer of $________ that I will deposit into your client trust account. I will provide detailed billing statements setting forth the amount of time spent on your case. We agree that my billing rate will be $250 per hour and that I may hire another lawyer to assist at no greater an hourly rate. I will transfer funds from your retainer in your client trust account into my general account after each billing cycle as payment of my fees and expenses. You will replenish your trust account to a minimum balance of $___________.
___ B. Flat Fee. In lieu of the hourly fee, we agree to a flat fee of $________ plus gross receipts tax for me to represent you under the terms of paragraph 1. This flat fee will not be increased even if the matter proceeds to a contested jury trial, nor will it be reduced even if the charges are dismissed, you are admitted into a pre-prosecution diversion program, or you enter into a plea agreement On or before ______________, you will pay a retainer of $________ and receive a receipt acknowledging payment and balance due. On the ___ day in the month of __________, 200__, and on the same day of each month thereafter until paid in full, you agree to pay the sum of $________. You agree to pay in full the entire balance of the flat fee at least five (5) days before jury selection.
3. EARLY DISCHARGE: You may discharge or “fire” me at any time for any reason whatsoever. For good cause, I too may withdraw before completion of your case. “Good cause” includes a real or potential conflict of interest with you or another party, or failure to pay my fees and expenses. If you select an hourly fee in paragraph 2A and I do not complete the work, I will provide you with a final billing statement including any refund or balance due. If you select a flat fee in paragraph 2B and I do not complete the work, we agree on the following division of fifths:
A. Entry of Appearance. I will earn one-fifth (20%) of the total flat fee for legal representation in opening files, preparing for formal hearings, and negotiating with prosecutors and others involved in your case;
B. Arraignment. I will earn two-fifths (40%) of the total flat fee through the date of your arraignment or first appearance in court;
C. Pre-Trial. I will earn three-fifths (60%) of the total flat fee through the date scheduled for your first pre-trial hearing;
D. Docket Call. I will earn four-fifths (80%) of the total flat fee through the first docket call not less than ten (10) days before jury selection; and,
E. Trial. I will earn the entire (100%) flat fee on the first day of jury selection or bench trial.
4. EXPENSES. In addition to legal fees, you pay for all expenses, and to reimburse me promptly if I pay any expenses on your behalf. Expenses include bond to secure your release from pre-trial confinement, court costs, photocopy charges, long distance telephone calls, legal research fees, videotape and audio tape supplies, witness fees, costs to transcribe witness statements, travel expenses, out of town meals and lodging, and costs to prepare exhibits for trial. You agree to pay for the assistance of co-counsel, investigators, paralegals, or expert witnesses.
5. OTHER CASES. I provide no legal advice regarding notice of tort claims, civil rights claims, statute of limitation or any other matter beyond the scope of work in this Fee Agreement. We will need to sign another fee agreement before I will provide legal representation in such other matters as:
A. Second Trial. A second trial if a mistrial is declared at any time after the commencement of jury selection or trial;
B. Appeal. An appeal beyond the docketing statement; and,
C. Other Cases. Court cases or charges other than those contained in the criminal cause of action described in paragraph 1 or attached thereto.
6. FINAL LETTER. Whether I am discharged early or at the conclusion of your case, I will send you a final letter explaining that my work is completed. In the final letter I will provide a billing statement of any balance or refund due.
7. RELEASE. As I close your file, I will also request that you or someone acting on your behalf pick up the file and sign a Release of any claims. Other than whatever portion of your file that I scan into an electronic archive, you agree that I may discard your file ninety (90) days after the date of the final letter.
8. DISPUTES. Independent legal representation is appropriate before you sign the Release because you may still have a claim against me. You agree to submit all controversies to an arbiter selected by the New Mexico Bar Association Fee Arbitration Program, 5121 Masthead NE, Albuquerque NM 87109; telephone (505) 797-6068. The county of Santa Fé will be the exclusive venue for any disputes. The laws of the State of New Mexico will apply to any interpretation of this Fee Agreement.
9. CO-SIGNORS. Each Co-Signor personally guarantees payment of all sums due under the terms of this Agreement. Defendant and each Co-Signor is jointly and severally liable for the entire sums due. If a Co-Signor signs in the absence of Defendant, Co-Signor affirms express authority from Defendant to enter into this Fee Agreement.
10. MODIFICATIONS. This document represents our entire Fee Agreement unless we later modify it in writing. If any portion of this agreement is void, the remainder will remain in full force.
