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.

Have you ever been involved in an alternative sentencing program, such as a mental health court or drug
court? If so, did you successfully complete the conditions of your sentence?

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 :

I. LEGAL REPRESENTATION ENGAGEMENT, FEE & RETAINER AGREEMENT

I HEREBY RETAIN HOWARD & ASSOCIATES, PC (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 & ASSOCIATES, PC. I UNDERSTAND THAT A RETAINER IS NOT A FLAT FEE AND THAT I AM RESPONSIBLE FOR ALL HOURLY FEES AND COSTS INCURRED BY HOWARD & ASSOCIATES, PC. 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 & ASSOCIATES, PC 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 IS JUST AN ESTIMATE 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 REQUEST COURT PERMISSION TO 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 UNDERSTAND THAT HOWARD & ASSOCIATES, PC 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 .2024

Disputes Regarding Fee, Costs or Expenses

I will have thirty days within which to dispute a billing statement. If I do not dispute the billing statement within thirty days, I will be deemed to have approve it and I relinquish my right to challenge it in court or in arbitration. My account may be sent to collections.

Arbitration of Disputes Between Firm and Client/Attorney Liens:

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, I agree to submit the dispute to the Colorado Bar Association Legal Fee Arbitration Committee (there is no charge for this dispute resolution service) for resolution. 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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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. There are charges for using the services of the Judicial Arbiter Group, and such services can be expensive. 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. In any kind of arbitration proceeding, the parties are responsible for paying the attorney fees and costs they incur in that proceeding.

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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. Discovery in an arbitration proceeding is usually quite limited, as are the permissible grounds upon which to appeal an arbitrator’s decision. I should consider seeking the advice of independent counsel in making this determination.

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Iff a fee dispute arises between me and the law firm, the law firm may exercise its rights to an attorney’s lien.

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Collections

Howard & Associates, PC reserves the right to charge the Client’s credit card for outstanding bills that remain unpaid after a thirty-day period. Those bills are limited to those related to the matter in this fee agreement.

If it becomes necessary for the Firm to initiate legal action to collect attorney fees or expenses, I agree to pay the attorney’s fees and costs incurred by the firm, or any collection agency to which the Firm may assign the debt. Should an attorney of this Firm be called as a witness in any collection proceeding, I agree to pay for time expended by that attorney in preparing for giving testimony at the hourly rates set forth herein.

The Firm will bill monthly for services rendered and expenses incurred during the previous month. Payment of all amounts is due upon receipt of the bill.I 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.

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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.

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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. Howard & Associates, PC will replenish retainer amounts when the retainer is exhausted, using the credit card on file. Client approves such authorization by his or her signature herein.

III. 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, $500.00/hour; Kara Noack, Of Counsel, $500/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.

On occasion, my attorney may approach another lawyer in the firm to consult with him or her about the matter. Sometimes this is done to draw upon the other attorney’s experience and sometimes it is done to use other lawyers as a sounding board. Experience has shown that consultations of this kind are often invaluable in developing strategy. The Firm typically charges for both lawyers’ time, the description of which will appear on my invoices.

The firm has contracted with independent contractor attorneys and sometimes hire attorneys outside the firm to assist in the handling of a case. Any fees of such attorneys will be billed to me.

In determining the charges for professional time, the attorneys and non-lawyer professionals such as paralegals calculate their time by tenths of an hour multiplied by the hourly rate of the professional performing the services.

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

Aside from attorney fees, here may be costs and expenses to pursue my claim. Examples of 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 am responsible for these costs and expenses. Any estimates of costs and expenses are just that: estimates. Costs and expenses actually incurred may exceed the estimates.

A court or arbitrator sometimes awards costs and attorney fees to the opposing party. 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:

Conflicts may arise after the engagement is undertaken. When a conflict arises, the firm will inform me of the conflict and will endeavor to reach an acceptable resolution, which in some instances requires the firm to withdraw from my case.

File Retention/Funds Held in Trust:

The Firm is authorized to dispose of my file three years after the legal matter described herein has been resolved, although the attorney will endeavor to maintain copies of corporate and estate planning files indefinitely. If I desire to obtain such file, rather than have the Firm destroy my file, I must notify the Firmin writing within three years of the time the legal matter described herein has been concluded.

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 resources.

E-Mail/Cell Phone Communications:

E-mail and cell phone communication is not completely secure. Notwithstanding, by providing my email address and my signature above, I give the law firm permission to utilize such communication methods for all correspondence regarding my case, including important communications regarding my case and statements regarding bills and billing. For this purpose, it is my responsibility to check my email on a regular basis.

Invoices and Interest on Unpaid Balances:

Howard & Associates, PC sends invoices on a monthly basis, at the beginning of the month. These invoices include a summary of the legal services for the past month and the time recorded for those services. Time for services provided by the firm on my behalf prior to execution of this Agreement will be included on the first invoice. Monthly invoices also include costs and expenses paid or incurred on my behalf by the firm during the preceding month. The professional time charged by the Firm includes all time spent by the Firm’s professionals on your case, 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 will pay these invoices, and replenish my retainer if depleted, within two weeks of receipt. Howard & Associates, PC will 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 have the right to terminate the firm at any time, subject only to the approval of the court in litigation matters.I will pay all outstanding amounts owing to the firm at that time. The Colorado Rules of Professional Conduct may require or permit the Firm to terminate the representation, again subject to the approval of the court in litigation matters. One of the reasons the firm may elect to terminate its representation of me, or ask the court’s permission to withdraw from the representation, is when a client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.

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.

Other Client Obligations:

I will notify Howard & Associates, PC of any changes in my address, telephone number, email address or other contact information, in writing. I will cooperate with my attorney and inform him or her of all important developments, and I will comply with all court orders.