Law Offices of Frankie Frank and Emma Nim

1241 Lake View Dr., Suite B

Houston, Texas 77001
(281) 556-4511
December 3, 2015

Andre Joseph Pratt

6156 South Loop E,
Houston, Texas 77087
Re:
Terms of Engagement of Legal Services
NEW CLIENT INFORMATION LETTER

Dear Mr. Pratt,

We are pleased that you have chosen our law firm to provide litigation services for your
wrongful towing action against B & B Towing and the Avalon at Gulfgate Apartment Complex.
The purpose of this letter is to provide you with some general information on our law firm's
policies and procedures, and a broad explanation on the method used by our law firm to charge
for our services.
Outcome or Results
Due to numerous and complicated factors which are beyond our control, we cannot
guarantee a favorable outcome in any business matter that we are handling for you. We will,
however, within the bounds of legal ethics, provide reasonable and competent services to
represent and protect your legal interests. In the event the matter requires negotiation or
involves litigation, we will negotiate with the opposing party on your behalf in order to settle or
resolve the dispute. We will not conclude or settle the matter without your approval.
In order for us to represent you competently, please do not communicate with any of the
parties, witnesses, insurance companies, adjustors, investigators or attorneys in the case without
our involvement.
In the event our representation is to collect money owed to you, you grant us a lien on the
claim or cause of action and upon any sum of money or property to be recovered in order to
secure any unpaid attorney's fees or costs incurred as discussed in this letter. All monies
collected shall be disbursed through our office.
Office Appointments

Many legal matters can be handled by telephone, fax transmissions or mail in order to
avoid numerous personal trips to and from the office. It is more productive to handle routine
matters by phone as opposed to personal visits because it saves each of us time.
In the event you need to meet personally with an attorney or a staff member, feel free to
do so. Simply make an appointment with the administrative assistant, who will schedule an
appropriate time on the attorney's calendar.
Initial Consultation
Our law firm charges $200 for an initial consultation with a client. The consultation
includes meeting the client, ascertaining the facts necessitating the need for legal services,
analyzing the situation, and advising the client what, if any, services the law firm may be able to
perform on the client's behalf.
Client Availability
In order to properly represent you, you agree to keep our office advised of your
whereabouts during both day and evening hours by providing us with current business and home
telephone numbers. In the event the matter involves litigation, you may be required to attend
court appearances and comply with discovery requests and deposition notices.
Fee Determination
Some or all of the following factors may be taken into account when determining a fee
structure and setting a fee:
1.
2.
3.
4.
5.
6.
7.
8.

The time and labor required, the novelty and difficulty of the questions involved,
and the skill requisite to perform the legal service properly.
The likelihood, if apparent to the client, that the acceptance of the particular
employment will preclude other employment.
The fee customarily charged in the locality for similar legal services.
The amount involved and the results obtained.
Time limitations imposed by the client or by circumstances.
Nature and length of the professional relationship with the client.
Experience, reputation and ability of the lawyer or lawyers performing the
services.
Type of fee structure (fixed fee, hourly rate, contingent, or other).
Types of Fee Structures

The fee structure may be based on a flat rate (sometimes called "value billing"), an hourly
rate, or on a contingency basis.
Flat Rate:
A flat rate is a one-time payment to cover all of the costs of handling a
specific legal matter such as an incorporation, an uncontested bankruptcy, or a divorce.
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Hourly Rate: An hourly rate is an hourly charge for all the attorney's time devoted to
handling a specific case.
Contingency Fee:
When allowed by law, the attorney may charge a contingency fee
which is based on a percentage of the judgment awarded to the client.
Flat Rates (Value Billing)
Flat rates are used primarily in routine, uncomplicated legal matters. A flat fee is always
based on certain specific assumptions. If those assumptions are incorrect, changed, or modified,
then the attorneys must revert to an hourly rate since they cannot provide competent professional
services as requested and needed under a flat fee arrangement.
For example, a flat fee for a divorce proceeding might include: a meeting with the client,
determining the client's needs; drafting and filing the divorce petition; having the spouse sign a
document which waives service of citation; preparation of an agreed divorce decree; representing
the client at the hearing; and obtaining a final agreed divorce decree.
However, if the matter cannot be resolved by agreement, then the flat fee arrangement
would no longer apply due to the changed circumstances. In such a situation, we would apply
the flat fee as a retainer or deposit against the total fee owed. Once the hourly rate fee exceeds
the monies previously collected, we would bill the client at the stated hourly rate based on the
time spent on the case.
Current Hourly Rates

Rian M. Taff

$200

Hourly rates are reviewed from time to time and adjusted as and when appropriate.
When an adjustment is required, you will be notified and advised accordingly.
Regulation of Attorneys
Attorneys are regulated by the State Bar of Texas per the State Bar Act. Clients have
certain rights and privileges under the Act. The State Bar of Texas investigates and prosecutes
professional misconduct committed by attorneys. Although not every complaint against or
dispute with a lawyer involves professional misconduct, the State Bar's Office of Chief
Disciplinary Counsel will provide you with information about how to file a complaint if you
believe one is necessary. For more information about your rights as a client, you may call the
State Bar, toll free, at 1-800-932-1900.
Conclusion
I hope this letter has answered any questions that you may have had regarding how
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attorneys charge for their legal services and how we have agreed to handle the legal matter. If
you have any questions concerning any other matters, please call me at (281) 556-4500.
Once again, we are delighted that you have decided to use our services, and we look
forward to working with you.
Very truly yours,

Rian M. Taff

Receipt acknowledged on this 3rd day of December 2015.

Andre Joseph Pratt

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