Jennings and Medura



ATTORNEY/CLIENT AGREEMENTThis Attorney/Client Agreement (“Agreement”) is made and entered into by __________(“Client”), [THIRD PARTY PAYOR IF APPLICABLE] and the law firm of JENNINGS & MEDURA, LLC ("Firm"), in Salt Lake City, Utah, on this __ day of ______ 2020.1.In consideration of services rendered by the Firm, the Client hereby retains the Firm to provide legal representation to the Client in the _______action as well as any other related matters as the parties expressly agree. It is acknowledged that this Agreement shall become effective upon execution of this Agreement and payment of the retainer fee set forth below. ?It is understood that the Firm does not represent the Client until the retainer as set forth below has been paid in full. There shall be no change in the terms of this Agreement except in writing and signed by all parties to this Agreement.2.The Client empowers the Firm to take all steps in the above-referenced matter(s) deemed by the Firm to be advisable, namely:a.To initiate appropriate legal proceedings and to prosecute and/or defend any and all claims, up to and including trial if necessary;b.To negotiate and effect a settlement, subject to the approval of the Client;c.To conduct all necessary research, provide necessary advice, prepare necessary documents;d.To take all other appropriate steps to serve the best interests of the Client; ande.To advance costs on the Client's behalf for expenses incurred in representation of Client, as set forth in Section 6 below.3.The Client agrees to pay, for the Firm’s services, the sum of ______ as a retainer fee for the above-referenced matter. ?The retainer shall be credited against the overall fee, and all costs and services of the Firm set forth herein shall be first charged against the retainer. Upon depletion of the retainer, the Client agrees to deposit an additional retainer in the same amount as the original retainer set forth above or other amount agreed to by the Client and the Firm. At no time shall the Client allow the retainer to be reduced below $1,000.00 and continuation of legal representation pursuant to this Agreement is conditioned upon the Client maintaining at all times at least a $1,000.00 retainer balance. If the Client’s retainer falls below $1,000.00, the Firm shall stop all work and withdraw from representation of the Client under this Agreement as permitted under the Utah Rules of Professional Conduct. A one-time administrative fee of $300.00 will be charged at the outset of your case. We do not charge clients individually for general office supplies, credit card fees, legal research, court subscription fees etc. which can be substantial. This fee covers these costs.4.The Client and the Firm understand that the person or entity listed above as “Third Party” agrees to be responsible to pay legal fees to the Firm on the Client’s behalf. The Client consents to payments by the Third Party. The Third Party understands that his or her role in limited to the payment of fees and such payment does not create an attorney-client relationship between the Firm and the Third Party. The Third Party cannot make decisions for the Client or instruct the Firm or any attorney how to handle the case. The Third Party agrees to be bound by all the terms and conditions of this Agreement until all fees are paid notwithstanding any future change in the Third Party’s relationship with the Client. This Agreement cannot be canceled or modified by the Third Party without the consent of the Client and the Firm.5.The Client expressly authorizes the Firm to withdraw further sums from the Firm’s trust account monthly, immediately upon posting of time to the Client's billing account, as set forth above. All such trust account transfers to the Client's billing account are subject to the Client's right to review the same, pursuant to paragraph 9.6.The Client agrees to pay the Firm for the services of Cassie J. Medura at the rate of $325.00 per hour. The Client agrees to pay the Firm for the services of attorney Jarrod Jennings at the rate of $325.00 per hour. The Client agrees to pay the Firm for the services of attorney Jennifer Falk at the rate of $350.00 per hour. The Client agrees to pay the Firm for the services of an associate attorney at the rate of $250.00 per hour. The Client agrees to pay the Firm for the services of a paralegal at the rate of $175.00 per hour. The Firm retains the right to adjust the foregoing hourly rate(s) with at least thirty (30) days notice to the Client. Monthly invoices will reflect all services rendered in the previous month. Payment for services rendered is due within thirty (30) days of receipt of the invoice from the Firm. Invoices not timely paid in full shall accrue a $50.00 monthly late fee, plus interest at the rate of 18% per annum.7.Charges for the Firm’s services include, but are not limited to: court appearances, telephone calls, office conferences, legal research, depositions, review of file materials and documents sent or received, preparation for and attendance at hearings, trials and conferences, drafting of pleadings, instruments, correspondence and office memoranda and travel.8.Any out-of-pocket expenses (cost advances) incurred by the Firm in representing the Client's interests, including, but not limited to, filing fees, parking fees, services fees, paralegal fees, phone or conferencing charges, travel expenses, copying, postage, cost of depositions and/or transcripts, court reporter fees, witness fees, business meals, costs of investigation and investigators, tests, expert witnesses, and all other costs, shall be reflected on the Client’s monthly invoice and shall be reimbursed to the Firm monthly consistent with the payment terms set forth in paragraph 5 above. 9.All fees or costs billed to the Client shall be paid on or before the 10th day of the month following such billing. Any fees or costs remaining unpaid for sixty (60) days shall be cause for termination of this Agreement by the Firm and commencement of legal proceedings to collect the same. In the event a referral is made to a collection agency the Client will be responsible for all fees associated with the collection process, including, but not limited to, initiation of legal proceedings to collect unpaid fees, all collection agency fees, all legal fees incurred, all interest charges etc.10.The Client’s failure to timely pay amounts due as set forth herein constitutes grounds for withdrawal from representation of the Client consistent with the Utah Rules of Civil Procedure and Utah Rules of Professional Conduct. This right of termination and withdrawal may be exercised at any stage of representation and the Client hereby waives any right to object to allegedly untimely withdrawal by the Firm. In the event of failure to timely pay all amounts owed to the Firm as set forth herein, the Client acknowledges that the Firm may obtain an attorneys’ lien in accordance with Utah Code Section 38-2-7, upon all proceeds of this matter to secure payment of the attorneys’ fees and costs provided for herein. The Firm may also take all other legal and other action as allowed by law to secure payment of all amounts owed by the Client to the Firm as set forth herein.11.The Client agrees to read carefully all statements for services rendered by the Firm and to notify the Firm, promptly in writing, of any claimed errors or discrepancies in any billing within fifteen (15) days from the Client's receipt of the statement. ?In the event the Client fails to so inform the Firm, it will be presumed that the Client agrees with the correctness, accuracy and fairness of the billing statement.12.The Client may terminate the attorney/client relationship as established by this Agreement at any time consistent with Utah law. Termination of the Firm’s services in no way affects the enforceability of all other provisions as set forth herein and Client agrees to pay in full all amounts owed to the Firm.13.Please consider the following as we proceed with your action. Please change passwords on any email accounts that are non-marital to add to your security. Please change passwords on cellular devices as well, and you may wish to consider obtaining an inexpensive telephone to communicate with us to preserve attorney client privilege. Please avoid using social media through the course of your action as statements, photographs, etc. that are posted may be taken out of context and used against you. Do not, however, close down social media sites or remove prior posts as this can be construed by the court as destruction (spoliation of evidence). During the Firm’s representation of the Client, there will be times when the Client is required to make disclosures, including financial disclosures, to opposing party, their counsel and/or third parties (such as custody evaluator’s or Guardians ad Litem). Please note that you are responsible for making those disclosures as accurate and transparent as possible. We will provide what you give us to the opposing counsel/party and/or third party but are not responsible for the content of your disclosures.14.Upon filing of a divorce, paternity or support action, certain court orders automatically become effective under Utah Rule of Civil Procedure 109. A copy of these automatic inunctions is attached to this Agreement, which your attorney will discuss with you. Please ensure that you strictly comply with each of the provisions in the attached injunction and contact us immediately if you have any questions about compliance with the injunction or if the opposing party violates the injunction. 15.Upon completion of this matter, or in the event either party terminates representation by the Firm, any unearned portion of the retainer or credit balance shall be refunded to the Client, or any unpaid charges shall be paid to the Firm.16.The Client acknowledges that the Firm has made no guarantee regarding the outcome of this matter, and all expressions thereto are matters of opinion only.17.The Client understands that in some cases the court may award attorneys’ fees and costs to one party and order the other party to pay the amount awarded. This is solely in the discretion of the court and cannot be relied upon with certainty. In other cases, if there is a settlement agreed to by both parties, thereby avoiding a contested trial, the settlement agreement may provide that one of the parties contribute to the other party's legal expenses. It is impossible to predict whether either of the above situations will materialize. Therefore, no representation is made that any contribution by the other party will be obtained toward the Client's legal expense. Further, the Client understand that such an award of attorneys’ fees and costs does not affect any other portion of this Agreement and that the Client will remain responsible for all attorneys’ fees and cost advances billed by the Firm to the Client. ?In the event, however, that one of such contributions is obtained for the benefit of the Client, the amount in question, when paid, will be credited against the Firm’s final invoice to the Client if any amount is owing, or will be paid to the Client if no monies are due and owing to the Firm.18.The Firm will forward to the Client electronic copies of pertinent correspondence, pleadings and other materials, whenever practical. Hard copies will not be provided to the Client by the Firm except upon request. At the termination of the representation, the Client may retrieve any hard copy documents in the possession of the Firm as set forth herein.19.At the end of its representation of the Client, the Firm we will provide the Client with the opportunity to obtain its files from us. Please note that the Firm does not generally maintain paper files. In the event of a withdrawal, the Client will be given notice to pick up his or her files or have them delivered to the client by the firm. ?In the event the Client fails to inform the Firm within thirty (30) days from the receipt of notice, the firm will presume that the files may be destroyed in a secure manner and no copies need be kept by the Firm or delivered to the Client.THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK INDEPENDENT COUNSEL.ClientJennings & Medura, LLC.FirmDATED: DATED: Third-Party PayorDATED: Rule 109. Injunction in certain domestic relations cases.(a)Actions in which a domestic injunction enters. Unless the court orders otherwise, in an action for divorce, annulment, temporary separation, custody, parent time, support, or paternity, the court will enter an injunction when the initial petition is filed. Only the injunction's applicable provisions will govern the parties to the action.(b)General provisions.(b)(1) If the action concerns the division of property then neither party may transfer, encumber, conceal, or dispose of any property of either party without the written consent of the other party or an order of the court, except in the usual course of business or to provide for the necessities of life.(b)(2) Neither party may, through electronic or other means, disturb the peace of, harass, or intimidate the other party.(b)(3) Neither party may commit domestic violence or abuse against the other party or a child.(b)(4) Neither party may use the other party's name, likeness, image, or identification to obtain credit, open an account for service, or obtain a service.(b)(5) Neither party may cancel or interfere with telephone, utility, or other services used by the other party. (b)(6) Neither party may cancel, modify, terminate, change the beneficiary, or allow to lapse for voluntary nonpayment of premiums, any policy of health insurance, homeowner's or renter's insurance, automobile insurance, or life insurance without the written consent of the other party or pursuant to further order of the court.(c)Provisions regarding a minor child. The following provisions apply when a minor child is a subject of the petition.(c)(1) Neither party may engage in non-routine travel with the child without the written consent of the other party or an order of the court unless the following information has been provided to the other party: (c)(1)(A) an itinerary of travel dates and destinations;(c)(1)(B) how to contact the child or traveling party; and(c)(1)(C) the name and telephone number of an available third person who will know the child's location.(c)(2) Neither party may do the following in the presence or hearing of the child:(c)(2)(A) demean or disparage the other party;(c)(2)(8) attempt to influence a child's preference regarding custody or parent time; or(c)(2)(C) say or do anything that would tend to diminish the love and affection of the child for the other party, or involve the child in the issues of the petition.(c)(3) Neither party may make parent time arrangements through the child.(c)(4) When the child is under the party's care, the party has a duty to use best efforts to prevent third parties from doing what the parties are prohibited from doing under this order or the party must remove the child from those third parties.(d)When the injunction is binding. The injunction is binding (d)(1) on the petitioner upon filing the initial petition; and(d)(2) on the respondent after filing of the initial petition and upon receipt of a copy of the injunction as entered by the court.(e)When the injunction terminates. The injunction remains in effect until the final decree is entered, the petition is dismissed, the parties otherwise agree in a writing signed by all parties, or further order of the court.(f)Modifying or dissolving the injunction. A party may move to modify or dissolve the injunction.(f)(1) Prior to a responsive pleading being filed, the court shall determine a motion to modify or dissolve the injunction as expeditiously as possible. The moving party must serve the nonmoving party at least 48 hours before a hearing.(f)(2) After a responsive pleading is filed, a motion to modify or to dissolve the injunction is governed by Rule 7 or Rule 101, as applicable.(g)Separate conflicting order. Any separate order governing the parties or their minor children will control over conflicting provisions of this injunction.(h)Applicability. This rule applies to all parties other than the Office of Recovery Services.Effective May 1, 2019 ................
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