I.Client Information

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United State Citizen?:

YESNO

Referred by

www.FindLaw.comVail DailyYellow PagesOther Internet SearchName

Nature of File/Matter

Civil Type:

Criminal DefenseType:

Real Estate DevelopmentProperty DisputeBusiness/Contract DisputeMechanic´s LienContract Drafting/ReviewEasementEstate PlanningLandlord/TenantSealing of RecordsProbateDomestic RelationsCorporateDUI/DWAIDomestic ViolenceDrug PossessionAssault/HarassmentCriminal MischiefMinor in PossessionTrespassTraffic

For Criminal Cases Only

Do you have a criminal history?

YESNO

If so, please list your criminal history; including dates of convictions:

Have you ever been convicted of a felony?

YESNO

If so, please list the specific felony/felonies:

Are you currently on probation, parole or a deferred judgment/sentence?

YESNO

If so, please explain:

Have you ever been diagnosed with a mental illness, a developmental disorder (i.e., learning, intellectual, or attention problems), or a major medical condition (i.e., seizure disorder, traumatic brain injury, dementia)?

YESNO

If so, please explain the condition.

Additionally, please note any medications that you are currently prescribed, if you are currently in treatment,
and if you have ever been hospitalized or placed in a residential program for psychiatric purposes.

Have you ever been diagnosed with a substance-related disorder, such as a substance abuse or dependence, or a substance-induced mental illness?

YESNO

If so, please explain the nature of your substance use including the type of substance, frequency of use, and
amount consumed. Also note if you have ever had black-outs, negative consequences from your use (i.e.,
arrests, loss of jobs), detoxification, or treatment. If in treatment, did you successfully complete the program?

Were you experiencing any particular stressors around the time of the alleged offense?

YESNO

If so, briefly explain.

Specified Scope of Matter:

I have discussed with attorney and I understand the scope of attorney´s representation of me in the aforementioned matter. Specific provisions of such scopeas follows :

V. LEGAL REPRESENTATION ENGAGEMENT, FEE & RETAINER AGREEMENT

I HEREBY RETAIN HOWARD, LLC (THE FIRM), TO REPRESENT ME (THE CLIENT) IN THE AFOREMENTIONED MATTER. I UNDERSTAND THAT THIS AGREEMENT DOES NOT INCLUDE ADDITIONAL SERVICES SUCH AS APPEALS, MISTRIAL, OR RETRIAL AND THAT IF SUCH SERVICES ARE TO BE PROVIDED THEY SHALL BE SET FORTH IN A NEW AND SEPARATE AGREEMENT. IF MY MATTER INVOLVES LITIGATION OR DUE DILIGENCE RELATING TO A BUSINESS TRANSACTION, I AM AWARE THAT SUCH MATTERS CAN BE EXTREMELY EXPENSIVE, TIME-CONSUMING AND UNPREDICTABLE. I UNDERSTAND THAT THERE ARE PRIVATE METHODS OF RESOLVING DISPUTES AS AN ALTERNATIVE TO LITIGATION SUCH AS MEDIATION OR ARBITRATION. I UNDERSTAND THAT I WILL BE BILLED ON AN HOURLY BASIS UNLESS OTHERWISE AGREED TO IN WRITING. I UNDERSTAND THAT ANY RETAINER I HAVE PAID IS MERELY AN ADVANCE ON THE HOURLY FEES BILLED BY HOWARD, LLC. I UNDERSTAND THAT A RETAINER IS NOT A FLAT FEE AND THAT I AM RESPONSIBLE FOR ALL HOURLY FEES AND COSTS INCURRED BY HOWARD. I UNDERSTAND THAT MY RETAINER MAY BECOME DEPLETED AND I AM RESPONSIBLE TO REPLENISH IT AND RESPONSIBLE FOR ANY CHARGES THAT EXCEED THE RETAINER BALANCE. WHILE HOWARD WILL MAKE EVERY ATTEMPT TO NOTIFY ME WHEN MY RETAINER IS DEPLETED, IT IS MY RESPONSIBILITY TO MONITOR IT.

I ACKNOWLEDGE THAT ANY RANGE OF ESTIMATED FEES ARE JUST ESTIMATES AND I AGREE TO PAY ALL AMOUNTS BILLED AS PROVIDED FOR HEREIN. I ALSO UNDERSTAND THERE MAY BE COSTS INCURRED SUCH AS FILING FEES, DEPOSITION COSTS, POSTAGE, EXPEDITED DELIVERY, COPYING, TELEPHONE TOLL CHARGES, FACSIMILE CHARGES, INVESTIGATIONS, MEDIATION/ARBITRATION, RESEARCH, COMPUTER TIME AND PARALEGAL FEES. I AGREE TO PAY THESE COSTS IN ADDITION TO THE HOURLY FEE. I AGREE TO PAY MY BILLS WHEN DUE (WITHIN TWO WEEKS OF RECEIPT).

IF I FAIL TO MAKE PAYMENTS IN ACCORD WITH MY AGREEMENT, I UNDERSTAND THAT YOU MAY WITHDRAW FROM REPRESENTING ME. I ALSO AGREE TO PAY A FEE OF TWENTY-FIVE DOLLARS WHEN MISSING A PAYMENT OR FOR AN NSF CHECK. I AGREE TO PAY ALL COSTS AND FEES (INCLUDING ATTORNEY FEES) OF COLLECTION. I ACKNOWLEDGE THAT HOWARD, LLC HAS ESTABLISHED CREDIT CARD MERCHANT ACCOUNTS FOR MY CONVENIENCE.

I ACKNOWLEDGE THAT I HAVE RECEIVED A COMPLETE COPY OF THE DISCLOSURE STATEMENT ON THE SUBSEQUENT PAGES OF THIS AGREEMENT, THAT I HAVE READ AND UNDERSTAND IT AND AM AWARE THAT ITS TERMS ARE HEREBY INCORPORATED INTO THIS AGREEMENT.

I UNDERSTAND THAT HOWARD, LLC CANNOT AND DOES NOT PROMISE OR PREDICT ANY SPECIFIC OUTCOME OR RESULT FROM THEIR REPRESENTATION AND THIS AGREEMENT IN ITS ENTIRETY IS FAIR AND REASONABLE.

AGREEMENT ENTERED THIS DAY OF .2023

Arbitration of Disputes Between Firm and Client/Attorney Liens:

I understand that if I dispute any of the fees or costs or expenses charged by the firm under this Agreement within thirty days after the statement is issued, and such dispute cannot be amicably resolved, the dispute will be decided by either the Colorado or Denver Bar Association Legal Fee Arbitration Committee (there is no charge for this dispute resolution service). If no dispute is made within thirty days, such transaction is deemed approved by the Client; and, I relinquish any/all rights to arbitration, and understand that the account will be sent to collections. If I dispute the fees/costs within thirty days, and, the dispute cannot be amicably resolved, I agree to sign the arbitrator´s fee arbitration agreement. I further understand that judgment on the award rendered by the arbitrator(s) will be binding and may be entered in any court having jurisdiction thereof.

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I understand that if a dispute arises regarding any other aspect of this firm´s representation of me, including assertions of legal malpractice, such dispute will be decided by a single arbitrator at the Judicial Arbiter Group in Denver, Colorado. These arbitrators are usually lawyers or retired judges. I have been informed there are charges for using the services of the Judicial Arbiter Group, and such services can be expensive. I understand and agree that if arbitration proceeds with the Judicial Arbiter Group, each side (no matter how many “parties”) will be responsible for paying one-half of all fees and expenses charged by the Judicial Arbiter Group. I understand that in any kind of arbitration proceeding, the parties are responsible for paying their attorney fees and costs they incur in that proceeding.

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I understand by agreeing to arbitration of the aforementioned matters, I am relinquishing my right to bring an action in court and my right to a jury trial. I further understand that discovery in an arbitration proceeding is usually quite limited, as are the permissible grounds upon which to appeal an arbitrator´s decision. I acknowledge that I have been informed of the advisability of seeking independent counsel in making this determination and have had the opportunity to do so.

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I understand that if a fee dispute arises between me and the law firm, the law firm, with appropriate notices, may exercise their rights to seek an attorney´s lien to encumber my property for satisfaction of amounts owing.

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Collections

The Client shall have thirty days within which to dispute a billing statement. If no dispute is made within thirty days, such transaction is deemed approved by the Client; and, I relinquish any/all rights to arbitration, and understand that the account will be sent to collections. Howard, LLC reserves the right to charge the Client´s credit card for bills that are due and remain unpaid after a thirty-day period.

If it becomes necessary for the Firm to initiate legal action to collect attorney fees or expenses, you agree to pay the costs incurred by the firm, or any collection agency we may to assign the debt to, including all fees and costs incurred. In the event the account is sent to an outside agency for collection of past due amounts the Firm reserves the right to add a 33.3% collection fee to the amount past due at the time the account is turned over for collections. Should an attorney of this firm be called as a witness in any collection proceeding, you agree to pay for time expended for such appearance and/or testimony at the hourly rates set forth herein.

You will be billed monthly for services rendered and expenses incurred during the previous month, and understand that payment of all amounts are due upon receipt of the bill. YOU AGREE TO PAY INTEREST AT AN ANNUAL PERCENTAGE OF EIGHTEEN PERCENT (18%) ON ANY BALANCE UNPAID MORE THAN THIRTY (30) DAYS FROM THE DATE OF THE BILL.

The Firm will use Agency of Credit Control (ACC), 2014 S. Pontiac Way, Denver, Colorado, 80224 for such collection measures. The Client approves such collection measures by his or her signature herein.

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I AGREE TO DEVOTE MY FULL PROFESSIONAL ABILITIES TO REPRESENTING THE CLIENT IN THE AFOREMENTIONED MATTER AND TO FAITHFULLY AND DILIGENTLY PERFORM ALL LEGAL SERVICES NEEDED TO REPRESENT THE CLIENT EFFECTIVELY, ALWAYS IN HARMONY WITH MY OBLIGATIONS UNDER THE COLORADO RULES OF PROFESSIONAL CONDUCT.

PLEASE READ AND INITIAL THE PARAGRAPHS ABOVE AND DISCLOSURE STATEMENT BELOW

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RETAINER (REQUIRED) FOR CONSULTATION/COSTS & EXPENSES/ATTORNEY FEES. As our invoices will reflect, the firm shall draw down on the retainer to pay attorney fees when earned, and costs and expenses as we pay or incur them. In the event that the Client pays by credit card, the client´s credit card information will be recorded in the firm computer system and maintained with the file. The Client agrees to replenish the retainer each month following receipt of the monthly invoice.Howard, LLC reserves the right to replenish retainer amounts and to charge a transaction fee for any costs which are incurred. Client approves such authorization by his or her signature herein.

VI. DISCLOSURE STATEMENT TO THE LEGAL REPRESENTATION ENGAGEMENT, FEE & RETAINER AGREEMENT

Type of Attorney Fee Agreements

I have been informed and understand there are several types of attorney fee arrangements: (1) time based, (2) fixed, (3) contingent, or (4) combinations of these types of fee arrangements. “Time Based” means a fee that is determined by the amount of time involved, such as so much per hour, day or week. “Fixed” means a fee based on an agreed upon amount (also known as a “flat fee”), regardless of the time or effort involved or the result obtained. “Contingent” means a certain agreed percentage or amount payable only upon attaining a recovery, regardless of the time or effort involved. [A specific Contingent Fee Agreement and addendum must be entered into for this type of fee arrangement]. I understand not all attorneys offer all of these different types of fee arrangements, and I acknowledge I have the right to contact other attorneys to determine if they may provide such other fee arrangements for my cause or matter. I have elected to be responsible for the “Time Based” attorney fee agreement as provided for herein and I further understand that this means I will be billed by the hour and such charges may exceed the initial retainer deposited with the Firm.

Hourly Rates:

Taggart H. Howard, Partner, $400.00/hour; Braden Angel, Of Counsel, $400.00/hour; Kara Noack, Of Counsel, $400/hour, other Associate, Contract Attorney and/or Independent Contractor, $350.00/hour Paralegal, $200.00/hour; Legal Assistant, $150.00/hour; Investigator, $150.00/hour.

I understand that on occasion my attorney may approach another lawyer in the firm to consult with him or her about the matter. I understand that sometimes this is done to draw upon the other attorney´s experience and that sometimes other lawyers are used as a sounding board. I have been informed that experience has shown that consultations of this kind are often invaluable in developing strategy and as such I understand that charges are usually incurred for both lawyers´ time and I will be responsible for such fees, the description of which will appear on my invoices.

I have been informed and understand that the firm has contracted with independent contractor attorneys or sometimes may hire another attorney outside the firm to assist in the handling of a case. I understand that any fees of such attorneys will be billed to me, and I consent to the “splitting” of fees by the law firm and such other attorneys for services rendered.

I further understand that in calculating the charges by the firm to me for representation, and for services rendered by the individuals described above, the attorneys and non-lawyer staff calculate their time spent on the matter in accordance with standard units of time (tenths of an hour), and such amounts of time are then multiplied by the hourly rate of the individual performing their services.

Expenses and Potential of Costs and Attorney Fees Being Awarded to the Opposing Party:

I have been informed and understand that there may be costs and expenses (aside from any attorney fees) in pursuing my claim. I understand that costs and expenses, as well as attorney fees, are only estimates and such amounts may exceed such estimates. Example costs and expenses include, but are not limited to: fees payable to the court, the cost of serving process, fees charged by lay and expert witnesses, fees of investigators, fees of court reporters to take and prepare transcripts of depositions and court hearings, and expenses involved in preparing exhibits as well as postage, expedited delivery, copying, telephone toll charges, facsimile charges, mediation/arbitration, research, computer time and paralegal fees. I understand that I am responsible for these costs and expenses.

I have been informed and understand that a court or arbitrator sometimes awards costs and attorney fees to the opposing party. I have been informed and understand that should that happen in my case, I will be responsible for paying such award.

Negotiations/Settlement:

No settlement of the matter will be made without the Client´s consent. All negotiations by the firm will be made only at the Client´s direction and authorization. No proceeding, demand, or action will be instituted without the Client´s consent and the Client´s ability and financial wherewithal to follow-through with the Client´s direction.

Conflicts of Interest:

I have been informed that conflicts may be discovered after the engagement is undertaken. I understand that upon discovery of such a conflict, the firm will inform me of the conflict and will endeavor to reach an acceptable resolution, and that such resolution may include withdrawal from my representation.

Howard & Associates, PC provides municipal criminal prosecution services to the Towns of Vail and Avon, Colorado. While Vail and Avon have agreed that Howard & Associates, PC can represent criminal defendants who may have been arrested by the Town of Vail or Town of Avon police officers in Eagle County Court and Eagle District Court, we have a duty to provide notice to you so that you can determine whether you would like to waive any conflict of interest. I agree to waive any potential conflict of interest with the Town of Vail and/or the Town of Avon.

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File Retention/Funds Held in Trust:

I have been informed and understand that my attorney is authorized to dispose of my file three years after the legal matter described herein has been resolved or three years after the last work on the matter described herein has been performed by my attorney, whichever comes first although the attorney will endeavor to maintain copies of corporate and estate planning files indefinitely. If I desire to obtain such file, rather than having attorney dispose of my file, I shall be required to notify attorney of such desire. Such notification must be made to attorney, in writing, within three years of the time the legal matter described herein has been resolved or within three years after the last work has been performed on such matter by attorney, whichever comes first.

Paperless Office:

We employ a “Paperless Office” policy. This means that we destroy most original paper documents that are sent to us by email or conventional mail. We use our discretion as to what documents to destroy. All documents received or created by us are scanned, saved, and backed up into our computer system. We have created this policy to promote efficiency and security while also conserving our world resources.

E-Mail/Cell Phone Communications:

I understand that e-mail and cell phone communication may not be considered completely secure. Notwithstanding, by providing my email address and my signature above, I give the law firm my express permission to utilize such communication methods for any/all correspondence regarding my case (which may include important correspondence from my case and/or important statements regarding bills/billing). I understand that it is my responsibility to check my email on a regular basis.

Invoices and Interest on Unpaid Balances:

I understand that Howard, LLC sends invoices on a monthly basis, at the beginning of the month and that these invoices include a summary of the legal services for the past month and the time recorded for those services. I understand that time for services provided by the firm on my behalf prior to execution of this Agreement will be included on my first invoice. I have been informed and understand that monthly invoices include costs and expenses paid or incurred on my behalf by the firm during the preceding month. I have been informed that time charges shall be kept for all activities, including but not limited to court time, travel time, depositions, conferences, telephone calls, time spent researching legal issues, preparing for trial or hearings and the like.

Toward the end of my invoice the balance of my retainer will be stated, as will any outstanding unpaid balance on my account. I agree to pay these invoices within two weeks of my receipt of an invoice and to replenish retainer funds as requested. I understand that Howard, LLC shall charge interest on any unpaid balance after thirty days, as well as, late fees for missed payments or NSF checks as set forth on the first page of this Agreement.

I understand that I have the right to terminate the firm at any time, subject only to the approval of the court in litigation matters. I agree to pay outstanding amounts owing to the firm at that time. I also understand that the Colorado Rules of Professional Conduct may require or permit the Firm and my attorney to terminate their representation of me, again subject to the approval of the court in litigation matters. I have been informed that one of the permissible reasons for the firm to terminate representation of me, or to ask the court´s permission to do so, is when a client deliberately disregards his or her obligations under a legal representation engagement fee & retainer agreement regarding the payment of costs and expenses or fees.

Third Party Guaranty of Fees: YES

(Checked if applicable)

If you would like to authorize third-party persons to make payment on your account, please execute the Third-Party Payment Authorization Form.

Waiver of Attorney-Client Privilege : YES

(Checked if applicable)

If you would like to authorize the firm to speak to third-party persons concerning your representation, please execute the Waiver of Attorney-Client Privilege Authorization Form

Other Client Obligations:

I agree to notify Howard, LLC of any changes in my address, telephone number, email address and other contact info, in writing, during the time that I am represented by the law firm. I agree to cooperate with the attorney and inform the attorney of all matters that develop and to comply with all court orders.

Submission of this Form constitutes client’s complete agreement with all provisions herein and client asserts that such submission shall be equivalent to his signature of the Agreement.

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