ATTORNEY'S FEE AND COST AGREEMENT FOR LEGAL REPRESENTATION IN THE
MATTER OF: Bankruptcy for _________________________________.
____________________________ hereinafter called “CLIENT,” hereby retains the Kemp and Ruge Law
Group, hereinafter called “ATTORNEY,” to represent said CLIENT in the matter of:
Bankruptcy Chapter 7 / 13 (circle one).
I.
ATTORNEY'S FEE/RETAINER: The attorney's fee for this representation shall be an initial
retainer and non-refundable minimum attorneys’ fee, which is earned upon receipt, in the amount
of $1,400.00. This attorneys’ fee INCLUDES the following services:
a. The initial interview with CLIENT;
b. Review of CLIENT’s financial situation and any follow up meetings related to CLIENT’s
bankruptcy case;
c. Preparation of CLIENT’s Bankruptcy Petition, and actual filing of Bankruptcy Petition
reviewed by CLIENT for factual accuracy;
d. Provide information to CLIENT’s creditors with regard to the status of CLIENT’S
bankruptcy case;
e. Provide required documents received from CLIENT to Bankruptcy Trustee for Meeting of
Creditors;
f.
Attendance with CLIENT at the first Meeting of Creditors; and
g. Informing CLIENT of final disposition of bankruptcy case.
No other services except those mentioned above are included in this fee.
CLIENT agrees that regardless of the extent to which matters actually occur in this case, or the
amount of work the ATTORNEY actually performs, shall not give the CLIENT a right to a
refund or reduction in the fee.
CLIENT agrees that no work shall be performed and no petition will be filed without having the
full amount of the fee provided to ATTORNEY.
II.
COSTS: The Costs associated with this matter are included in the above fee. In the event that
additional costs are needed beyond the filing fee and the costs of the courses required,
ATTORNEY shall inform CLIENT of the costs needed and the reason for the costs. CLIENT
understands the CLIENT shall also be responsible for all costs incurred, including, but are not
limited to, the following: court reporter's charges for depositions, hearings, transcripts, etc.;
service of process charges; witness fees; reports from doctors; expert witnesses, or private
investigation services; long distance charges; mileage; postage; travel; and photocopies.
III.
MISCELLANEOUS: CLIENT acknowledges that CLIENT has not been promised any specific
result for the services, which the undersigned ATTORNEY has contracted to provide, nor has
CLIENT been given any guarantee by ATTORNEY of any particular outcome associated with
this matter. _______ (initials).
IV.
CLIENT understands and agrees that CLIENT will not discuss the subject matter of this case with
anyone other than the ATTORNEY. CLIENT agrees to follow the advice and instructions of the
ATTORNEY, cooperate fully with the ATTORNEY in the handling of the said case, and
CLIENT agrees to avoid all acts that are illegal, immoral, or unethical that might jeopardize the
case.
V.
CLIENT agrees to maintain contact with ATTORNEY, cooperate fully with ATTORNEY in this
representation, and agrees to promptly notify ATTORNEY in writing of any change in address,
telephone numbers, or other contact information supplied by CLIENT. If CLIENT does not
maintain contact, ATTORNEY shall have the right to file a motion to withdraw and withdraw
from representing CLIENT’S legal interests. Further, CLIENT agrees to accept service at the last
address provided in writing to ATTORNEY by CLIENT.
VI.
CLIENT agrees that associate counsel or co-counsel may be employed at the sole and absolute
discretion and expense of ATTORNEY and that any attorney so employed may be designated to
appear on behalf of CLIENT or undertake representation of CLIENT in this matter.
VII.
CLIENT understands and agrees that the above-quoted fee does not include some services that
may be required in CLIENT’s bankruptcy case. Some services that may be require include some
or all of the following non-exhaustive list of services that ARE NOT INCLUDED in the above
fee:
a.
Settlement negotiation of any over-exempt assets;
b.
Any adversary proceedings initiated by the Trustee or any creditor;
c.
Any objection filed by the Trustee or any creditor with regard to debtor’s exemptions;
d.
Any motion for a relief from automatic stay filed by the Trustee or any creditor;
e.
Any request by the Trustee or any creditor to take CLIENT’s deposition (Rule 2004
Examination); or
f.
Any other matter not specifically mentioned in (a) – (g) above.
CLIENT understands that CLIENT will be required to enter into a new agreement with
ATTORNEY if the CLIENT chooses to pursue any matters not covered by this retainer
agreement. In the event that Debtor(s) do not qualify for Chapter 7 bankruptcy under the
applicable Bankruptcy Law, CLIENT agrees that if CLIENT wishes to continue under Chapter
13, that the fee for the service shall be increased to $3,600.00 with credit provided for the
payment of Chapter 7 bankruptcy. ATTORNEY shall put forth the remaining attorney fee
through the Chapter 13 Payment Plan. There may be additional costs for Chapter 13 cases, which
will be billed to client as they are incurred.
VIII.
CLIENT also agrees that should enforcement of this Agreement be necessary by ATTORNEY,
ATTORNEY shall be entitled to recover reasonable attorneys’ fees and costs incurred as a result
of said action.
IX.
Any unpaid balances shall bear interest in the amount of 1-1/2% per month.
X.
CLIENT hereby certifies that CLIENT has read the foregoing document and will be provided a
copy. All of the provisions of this contract have been explained to CLIENT and CLIENT fully
understands its contents and CLIENT has entered into it freely and voluntary.
DATED this ____day of ___________________________.
CLIENT
__________________________________
Sign only if you have read, understand,
and agree to all of this
_________________________________
Kemp & Ruge Law Group
Kemp and Ruge Law Group
Addendum to the Fee Agreement
In order to provide the CLIENT with the best service possible and to ensure that all information is
properly obtained, the CLIENT needs to provide the following information to assist in CLIENT’s case:
1. A completed bankruptcy questionnaire provided to the CLIENT at or before the initial conference
2.
3.
4.
5.
with the ATTORNEY;
Seven (7) months of paystubs from employment or if the CLIENT is self-employed or an
independent contractor, seven (7) months of Profit and Loss Statements detailing gross revenue,
business expenses, and estimated tax payments;
Household Inventory Sheet provided to the CLIENT at or before the initial conference with the
ATTORNEY;
Federal Income Tax returns that were filed in the previous two (2) years and any information that
shows year-to-date information related to income; and
A copy of all vehicle registrations;
The above information is needed to ensure that all information is provided to the Bankruptcy Court.
Failure to provide the information may result in the Bankruptcy Court not entering order that releases you
from your debt obligations.
The Bankruptcy Trustee may require other documents from you, including, but not limited to, bank
statements, proof of expenses, payoff figures for mortgages and automobile loans, retirement plan
information, and court orders. CLIENT recognizes that such information is important to gather quickly
upon request to help ensure that the CLIENT’s Bankruptcy case may be successfully disposed.
** CLIENT also understands that it is important to fully disclose all account numbers, account balances,
addresses of creditors, and the proper creditor names. CLIENT also recognizes that the acquisition of a
credit report will list most, if not all, debts that the CLIENT wishes to discharge through the Bankruptcy
process. ATTORNEY is offering CLIENT at no additional charge, to obtain the CLIENT’s credit report.
It is the CLIENT’s responsibility to ensure all debts are included in his/her Bankruptcy Petition.
_____ initial here if you agree to allow ATTORNEY to obtain your credit report. Also, please provide
the State in which you resided when you obtained your social security number: _______ (enter state here)
DATED this ____day of __________________
CLIENT
______________________________
Sign only if you have read, understand,
and agree to all of this.
ATTORNEY
______________________________
Kemp and Ruge Law Group