The Daily Law Group provides flexible pricing to meet the needs of its clients.
The time charged will include the time Attorney spends on telephone calls relating to Client’s matter, including calls with Client, witnesses, opposing counsel or court personnel. The legal personnel assigned to Client’s matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not merely duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Attorney will charge for waiting time in court and elsewhere and for travel time, both local and out of town.
In preparing its billing statements the Attorneys use time keeping software to record time worked on client’s matter. The software contemporaneously records the actual time worked and allows the attorney to briefly write a summary of work performed during such time. Client understands that not all work is done next to a computer or in the office to contemporaneously record such time. In such cases, the Attorneys record their time on a daily basis or when opportunity allows due to off hour work such as during holidays, on weekends, evenings, travel or while attending court appearances. In such situation Attorney will enter hours when practical.
Billing entries prepared by the attorney will often contain portions of work that are block billed. Block billing entries reflect the time spent by the attorney on the clients’ matter and describes the work performed by the attorney during that time.
As no individual billing entry is intended to be a full and complete diary or summary of the entire body of work performed by the attorney on any given entry and that entries may be limited by the number of characters available in the time keeping program such that often cryptic or shorthanded explanations are provided for work performed clients are advised to contact the Firm within 30 days of receipt of periodic billing statement should they need further explanation of the activity or charges on their billing statement or to question, dispute, contest a cost or expenditure.
When available, appropriate and consistent with the proper representation of our clients, we use paralegals, investigators, junior attorneys, contract attorneys and staff members in order to minimize the impact of the hourly rates of more senior attorneys. Sometimes contract attorneys charge more than the hourly rates charged by firm. These are often specialty attorneys whose rates vary due to such specialty and jurisdiction. If such rates charged or more than 25% above that charged by Firm, we will seek client approval before engaging such counsel.
Calculation of Contingency Fees
Language found in the Retainer is often as follows:
As compensation for attorney services, Client agrees to pay and Attorneys shall receive a contingency fee of twenty five percent (25%) of the Gross Recovery on anything recovered, paid, received or collected by action, compromise or otherwise, above that which has been paid by Client to Attorney on an hourly basis under section (2)(a)(i) above and a contingency fee of fifty percent (50%) of all amounts awarded for exemplary, punitive and statutory damages including under Penal Code 496(c).
“Gross Recovery” means the total monetary value of whatever is obtained without deduction of costs and expenses, estate taxes, capital gains taxes, bills, set offs, litigation expenses and commissions of any kind, or any other liens, encumbrances, interests, or other deductions (such as minority membership, lack of control, lack of marketability) and includes any award of attorneys’ fees or sanctions.
“Anything recovered, paid, received or collected” is broadly defined to include, whatever is obtained, thus, in addition to its plain meaning, anything of value includes the value of any tangible or intangible item, it includes the value of real or personal property that is or may be paid, received or collected and includes the value of any business interests, partnership interests, land, shares, trust payments, future interests, remainder interests, stocks, assets, art works, and any other thing of value. As to any of these items of value, Client consents to Attorneys ownership in and participation in any appreciation of value from the date of recovery to the date of sale or distribution on any and all recovered assets including in the interim to the use, possession, distribution of dividends, and ownership of anything recovered, paid, received or collected.
“By action, compromise or otherwise” is broadly defined so that in addition to its plane meaning, the Client understands that the contingency fee is earned when Client obtains any control of anything recovered, paid, received or collected after having retained the attorney. It can be from the granting of any order, a preliminary order or motion or from the filing of any action, or the result of any verdict, award, mediation, judgment, settlement, demand, claim or even from an otherwise unknown manner after retaining the attorney. Often the mere knowledge that someone has
filed an action or retained an attorney can achieve a result and recovery for the Client.
“Recovery” is also broadly defined and means the regaining or restoration of something lost or taken away. It is understood that one particular item of something lost or taken away to which client seeks attorney to obtain a “Recovery” of is ______________________. It is expressly understood that if this item of recovery is achieved, the attorney fees would be calculated on 25% of the amount awarded less the hourly fees paid by client to Attorney for the prosecution of this matter. If recovery includes ___________________, Client consents to pay Attorney all or as much of such Attorney fee by and including a transfer of ownership of __________________ to Attorney as compensation for such Recovery.
Client understands and accepts that the assets and interests provided for or the assets of _________________have been misdirected. As such, “Recovery” may include obtaining ownership or control over money, securities, stock, membership interests or units in LLC’s, Corporations and Partnerships as well as ownership in real estate, tangible goods, jewelry, business interests, property interests, future interests and other items of value which may need to be traced and liquidated so that they may be received by or on behalf of, or beneficially by Client from the defendants, to satisfy the terms of the Judgment or other Recovery. Client further understands and agrees to compensate Attorneys based on any such recovery under the terms of the contingency fee. Attorney is granted and authorized by Client to obtain an ownership interest individually or with Clients in any such property recovered or exchanged, or swapped as payment of such fees.
“Recovery” may also mean the enforcement of agreements, contracts, options or control thereof, allowing Client, or its owners to obtain the control of any money, securities, stock, membership interests or units in LLC’s, Corporations and Partnerships as well as ownership in real estate, tangible goods, jewelry, business interests, property interests, future interests and other items of value for tracing, for clearing of title to real property, or transfer of control of entities from control by defendant or the entities, trusts or estates which defendant controls and placing such control into either (a) clients ownership or (b) to trusts, to relatives, or to entities, which client or client’s family controls; all such being a “Recovery” entitling Attorney to compensation under this fee agreement.