CONFIDENTIAL ATTORNEY COMMUNICATION
Attorney Retainer Program
This letter confirms the terms and scope of our agreement (hereinafter the “Agreement”) for your (hereinafter “Client”) ongoing monthly membership in the Attorney on Retainer Program (hereinafter the “Program”) offered by the law firm of Marc J. Victor, P.C. (hereinafter the “Attorney.”) The effective date of this Agreement (hereinafter the “Effective Date”) shall be the date upon which the Attorney has received both the confirmation of this executed Agreement by Client as well as the first monthly nonrefundable earned on receipt fee payment, and Attorney signs the Agreement.
Non-Refundable Earned on Receipt Monthly Fee
Client agrees to pay the initial $80.00 membership fee and timely pay the ongoing nonrefundable earned upon receipt amount of $19.95 per month via Credit Card for as long as Client desires this Agreement to remain effective and in force. Either Client or the Attorney may opt to unilaterally terminate this Agreement at any time, for any reason or no reason at all. This Agreement is automatically and immediately terminated as of the date Client fails to remit the nonrefundable earned on receipt monthly payment of $19.95 as detailed in this Agreement. Because this is a monthly nonrefundable retainer simply to secure Attorney’s availability and will not be billed against, Client understands that if Client terminates this Agreement, Client has no further obligation to make payments on this Program. This provision conforms to the requirements of Arizona Rule of Professional Conduct 1.5(d)(3).
Whatever date of the month the initial monthly payment is remitted pursuant to this Agreement shall also be the due date for the following month and every month thereafter. In the event the initial payment is on the 28th, 29th, 30th or 31st of the month, the due date shall be the final day of each following month.
Client agrees to remit the nonrefundable earned upon receipt payment of $19.95 per month solely for two distinct purposes:
1. To ensure the Attorney’s availability to represent the Client for any of the Applicable Legal Matters listed below (subject to a conflict check); and
2. To secure the Reduced Hourly or Contingency Rate (as determined by the nature of the legal matter) for any of the Applicable Legal Matters listed below.
Applicable Legal Matters
An Applicable Legal Matter is any legal matter listed below which has arisen as a result of events that initially occurred after the Effective Date of this Agreement. Any legal matter that arises from events occurring prior to the Effective Date of this Agreement is specifically excluded from this Agreement. The date upon which any formal criminal charges are filed is inapplicable to the analysis of an Applicable Legal Matter.
Membership in the Attorney on Retainer Program entitles the Client to representation for any of the legal matters currently listed on our website on the Attorney on Retainer page. Listed below are Applicable Legal Matters at the Reduced Hourly or Contingency Rate, subject to the Rules of Professional Conduct including clearing any conflicts of interest for a particular Applicable Legal Matter.
Criminal and Civil Law Matters
Attorney is admitted to practice law only in Arizona and this Program is offered in compliance with the Arizona Rules of Professional Conduct. The Attorney agrees to remain available to accept legal representation in any state where Attorney is permitted to associate with local counsel, if appropriate and subject to Attorney’s admission pro hac vice, on behalf of Client for any of the following legal matters arising from initial events alleged to occur after the Effective Date of this Agreement:
* Formally charged Criminal Defense matters at the trial level;
* Criminal Appeals or Post Conviction matters;
* Legally appropriate Plaintiff’s Personal Injury matters;
* Legally appropriate Plaintiff’s Medical Malpractice matters; and
* Legally appropriate Plaintiff’s Civil Rights matters.
Criminal and Civil Law Matters (Arizona Only)
The Attorney agrees to remain available to accept legal representation on behalf of Client within the State of Arizona for the following legal matters arising from initial events occurring after the Effective Date of this Agreement:
* Breach of Contract matters (Plaintiff or Defendant);
* Legal representation if sued for Personal Injury or Property Damage;
* Order of Protection matters (Petitioner or Respondent);
* Injunction Against Harassment matters (Petitioner or Respondent);
* Criminal Rule 32 Post-Conviction Relief matters;
* Motion to Designate as Misdemeanor;
* Motion to Terminate Probation;
* Motions to Reinstate Gun Rights;
* Motions to Set Aside Judgment of Conviction;
* Petition to Clear Record; and
* Letter writing in any legal or pre-litigation matter.
The Attorney is ethically bound not to represent clients in frivolous or inappropriate legal matters. As such, the Attorney shall be the sole judge of what matters are “Legally Inappropriate.” If the Attorney determines any legal matter is Legally Inappropriate for any reason, no legal representation will be offered. Additionally, the Attorney is ethically bound not to accept representation if a legal or ethical conflict of interest would arise from such representation (such as a witness or opposing party being a current or former client of Attorney). In such an event, the Attorney shall attempt to secure qualified legal representation at the same Reduced Hourly or Contingency Fee Rate from qualified legal counsel free from the applicable conflict.
Reduced Hourly and Contingency Fee Rate
In addition to securing and guaranteeing the availability of Marc J. Victor, P.C. for representation in any of the above listed Applicable Legal Matters, the nonrefundable earned on receipt monthly fee of $19.95 also gives Client the option to retain the legal services of Marc J. Victor, P.C. for any of the above listed Applicable Legal Matters for the Reduced Hourly or Contingency Fee Rates as explained below, consistent with the Arizona Rules of Professional Conduct.
Client shall be entitled to secure representation from Attorney (and any necessary co-counsel admitted in the jurisdiction where the Matter is pending and any other attorneys assisting with the representation), with the limitations described above, for any of the above listed Applicable Legal Matters for the reduced hourly rate of $175.00 per hour for civil and criminal law matters listed above. However, representation for any Legally Appropriate Plaintiff’s Personal Injury, Plaintiff’s Medical Malpractice, or Plaintiff’s Civil Rights Matter shall be available for the reduced contingency fee of 25% of any recovery obtained prior to trial and 33% of any gross recovery in the event formal litigation is commenced. For any contingent fee matter pending in a jurisdiction other than Arizona, Client understands and agrees that a portion of the contingent fee earned by Attorney shall be paid to the co-counsel licensed in that jurisdiction and that Client shall be notified of the name of the co-counsel prior to the other lawyer entering an appearance on Client’s behalf.
In the event Client retains Attorney for legal representation in any Applicable Legal Matter pursuant to this Agreement, a new Fee Agreement will be executed consistent with the reduced hourly or contingency fee as detailed in this Agreement for that specific Matter.
Client understands and agrees that in the event legal representation is agreed to pursuant to this Agreement for any hourly matter, Client will be required to deposit an initial amount in the Marc J. Victor, P.C. Trust Account against which monthly hourly legal fees and expenses will be deducted. The Attorney shall have sole discretion to determine a reasonable initial amount (an Advance Fee Deposit) to be deposited into the Trust Account. Client will also be required to replenish funds in the Trust Account as needed to cover ongoing Attorney Fees and expenses.
Client agrees to timely provide all information requested by the Attorney. All Parties to this Agreement consent and agree that notwithstanding who has actually paid the non-refundable earned on receipt monthly fees, only the person identified by this Agreement as the Client is entitled to legal representation at the reduced hourly or contingency rate as detailed in this Agreement. Only one person can be identified as the Client per this Retainer Program Agreement.
It is expressly understood and agreed that no guarantees or promises have been made about the outcome of any case.
The Attorney does not accept payment with funds obtained in any illegal manner. You hereby agree and certify that any funds used to pay fees agreed to and set out in this written representation Agreement were obtained solely by lawful means.
The Attorney does not accept cash payments in an amount of Ten Thousand Dollars ($10,000.00) or greater.
Scope of Agreement
The Scope of this Agreement is limited to securing the availability of Marc J. Victor, P.C. for legal representation in any Applicable Legal Matter as detailed above as well as for securing an offer of either the reduced hourly rate of $175.00 per hour or the reduced contingency fee rate of 25% (33% for litigation) for Attorney’s Fees for representation in such matters, through a new fee agreement entered into between Client and Attorney for one of the specific Applicable Legal Matters. Additionally, Client shall be entitled to personally meet with Marc J. Victor during any representation in any Applicable Legal Matter as detailed in this Agreement. Client shall also be entitled to personally contact Marc J. Victor for emergency situations.
You understand the Attorney is bound by and complies with all ethical obligations and standards of conduct as required by the Arizona Supreme Court. As such, The Attorney is required to reveal such information to the extent necessary to prevent Client from committing a future criminal act that is likely to result in death or substantial bodily harm. Additionally, the Attorney will not assist Client or any witness to testify falsely and Attorney will be required to correct any false statement of material fact presented to a tribunal. Attorney will associate with counsel in other jurisdictions as applicable and shall be jointly responsible with such co-counsel for the representation of Client. Attorney may withdraw from representing Client as permitted or required by the Arizona Rules of Professional Conduct.
This Agreement is governed by Arizona law. If any portion of the Agreement is held by a tribunal to be unenforceable, the remaining portions of the Agreement shall continue to be enforced. Venue for any dispute regarding the terms of this Agreement shall be Maricopa County, Arizona.
Credit or Debit Cards
Client understands and agrees that this Agreement is an ongoing monthly Agreement to pay a nonrefundable earned on receipt monthly flat fee to secure Attorney’s potential availability at the reduced rates listed above.
Client agrees to immediately contact Attorney in the event legal representation in any Applicable Legal Matter is necessary. Client also agrees to keep Attorney informed of current contact information (telephone numbers, secure email addresses, and mailing address) at all times. Client acknowledges the best results in this matter can be achieved by Client providing the Attorney with full and complete information concerning any pending legal matter and Client’s signature on this Fee Agreement attests that the information Client gives to the Attorney will be truthful and accurate to the best of Client’s knowledge. If there are any changes in material information or contact information, Client will promptly notify the Attorney. Client also understands that Client should not use work e-mail addresses, work computers, or public computers (such as at a public library or hotel) to communicate with the Attorney in order to protect the confidentiality of our discussions as e-mail may not be secure on those computers.
Client also agrees to let the Attorney know if the Attorney should not communicate with the Client via e-mail or regular mail due to a risk of interception of those communications.
Electronic Communications and Data Retention
The Firm may communicate with you by facsimile, mobile telephone, and email. No form of communication is completely secure and these forms of communication have some risk of improper interception even though our Firm maintains reasonable security measures to assure the confidentiality of your information. Please provide us with only copies of documents, unless we expressly request an original. We will scan and return to you any original documents that you send to us or that we create throughout the representation that have some intrinsic value (such as original stock certificates, estate planning, incorporation documents, adoption certificates, trademark registrations, etc.). We retain many file documents and data in electronic format only. These documents and data may be stored on a remote secure third party server hosted through the internet (“the cloud”). Accordingly, unless you instruct us that you prefer to receive only a paper copy by regular mail and do not wish to communicate by email, we send you each document that is relevant to your matter by email as a scanned document in “pdf” or “tif” format.
If you require any heightened security measures for the storage or transmission of electronic data, such as for government clearances, please notify the Firm. The email address that you provide to our Firm must be one for which only you are authorized to view the contents, to avoid waiving attorney/client privilege by having a third party, such as an employer or family member, view the contents. Please be certain that your email filters do not block emails from our office and that the allowable size of incoming emails is sufficient to accept emails from us with attachments. It is important that you retain all communications from and to us, including emails and attachments to emails. These are being tendered to you as your copy of your file for this.
Marc J. Victor, P.C.
By signing below, I certify that I have carefully read all seven (7) pages of this Agreement and understand all of its terms. Any questions I had about the Agreement have been explained to me by an Attorney to my satisfaction. I agree to be bound by all terms of the foregoing Agreement and specifically to pay all nonrefundable earned on receipt monthly Attorney’s fees pursuant to this Agreement. I further understand that Marc J. Victor, P.C. does not currently represent me in any legal matter as a result of this Agreement. If such legal representation is needed, I will execute a new Agreement for such legal representation.