Agreement for Employment of Legal Services - Primary Representation

This agreement is made and entered into by and between the law firm of ____________________, hereinafter referred to as “Attorney”, and _______________________________________________________________, hereinafter referred to as “Client”. Client, having been investigated, arrested or charged with the criminal offense(s) listed below and, in need of legal advice, hereby employs Attorney as Client’s attorney-at-law and in-fact for the following matters:

CHARGE(S)/OFFENSE(S):

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Attorney will represent Client in this case by advising and counseling, investigating the law and facts, by negotiating with appropriate parties including the prosecuting attorney, or by negotiating a resolution of the case through a plea of guilty or no contest, if so directed by Client. For an alcohol-related offense, this will include representation at the ALR hearing. This contract does not include a fee for secondary representation such as a trial. A second agreement must be signed for secondary representation.

1. Attorney’s Fee (Active Case). In consideration for Attorney’s initial representation of Client, Client agrees to pay to Attorney a stair stepped FLAT FEE of $______________________to be paid according to the following terms. Client agrees that third parties may pay this fee to Attorney, whether entirely or in part, and Client agrees and understands that Attorney may receive funds on Client’s behalf from third parties. In the event the case is disposed of with Client opting to enter into a pre-trial diversion program or the State agreeing not to file the case, the entire fee is deemed fully earned. In the event the case is filed, Attorney and Client agree that the fees contemplated by this Agreement shall be fully earned and become the sole property of Attorney upon the occurrence of the following phases, or “benchmarks” in the representation:

   a. First Benchmark: One-third (1/3) is fully earned when a letter of representation is mailed to the Clerk’s Office in the County where the criminal charge is pending or will be filed OR an ALR hearing request is made in an alcohol-related offense. The parties understand that, by designating herself as “Attorney of Record”, Attorney will have to “appear” before one or more tribunals who would have to approve Attorney’s withdrawal from the matter, which would involve additional time and effort on Attorney’s part. Therefore, the...