Form 2-2

Employment Contract

[Date]

[Name and address of client]

Re: [specify]

[Salutation]

This letter is written to confirm your engagement of [name of attorney or firm] [include if firm: (“we” or the “firm”)] to represent you, the client, with respect to [specify family law matter, e.g., divorce, modification, etc.]

I.Legal Matter and Scope of Services

[My/Our] representation is strictly limited to the matter described in this letter. [My/Our] services will consist of court appearances, telephone conferences, emails, travel, investi­gation, research, review and organization of documents, preparation of pleadings and corre­spondence, negotiations and settlement conferences, and other necessary professional services.

This engagement includes services through the entry of a final order at the trial court level. This engagement does not include presentation of this case to any appellate court. If an appeal is necessary, it is a separate and distinct representation requiring the services of an appellate lawyer.

With respect to this engagement, please understand that [I/we] do not provide tax or accounting advice. Any information that [I/we] provide concerning federal income taxes or the potential tax consequences of any transactions constitutes nothing more than a starting point for discussions between you and your certified public accountant or other tax advisor. You are strongly encouraged to review the tax language contained in any mediated or infor­mal settlement agreement and any documents finalizing your divorce with a certified public accountant or other tax advisor before you sign any such documents.

[I/We] do not provide advice relating to intellectual property or regulatory matters.

[I/We] are not being retained to value the marital estate, as [I/we] do not have expertise in this area. You must determine, based on the information obtained through the proceeding, which assets you would like to receive, the value of those assets, and the economic ramifica­tions concerning the property division. [I/We] may advise you to retain appropriate experts, such as accountants, financial advisors, or real estate or business appraisers, to assist in this regard.

[I/We] do not automatically search property titles, determine the validity of income and expense figures supplied by your spouse or other opposing party, or attempt to verify other underlying data provided as part of our representation. If there are questions in your mind con­cerning any of these issues, you should discuss them with [me/us] and authorize [me/us] to retain appropriate experts to provide assistance on your behalf.

If you receive real estate as part of the division of assets in this case, you have the right to have a title policy issued with regard to each such conveyance or to have a title search or abstract letter issued. This office does not issue title policies, nor do [I/we] prepare abstracts or conduct title searches related to the conveyance of real estate or to secure obligations cre­ated in divorce documents. If you desire that [I/we] prepare any real estate documents, [I/we] rely solely on information you provide [me/us] about the ownership of property, legal descrip­tions, existing liens, encumbrances, or other restrictions that may affect the conveyance of title. If you wish to have a title policy issued or a title search performed or abstract prepared, please advise this office in writing and [I/we] will be happy to refer this aspect of the closing documents relating to your case to a title company. You may also consult with a title company of your choice or an abstract attorney at your expense. Please advise this office, in writing, if you desire to have a title search, abstract letter, or title policy issued or any other research done with regard to the real estate closing documents that may need to be prepared to con­clude your case.

In cases involving retirement plans, a domestic relations order or a qualified domestic relations order (QDRO) may be required to effectuate a division of the benefits. If your case involves a QDRO or a domestic relations order, [I/we] will suggest persons with the appropri­ate skills to assist [me/us] with this matter at your expense. You will be expected to make a separate arrangement with the specialist and pay the fees associated with the drafting of any domestic relations orders or QDROs.

II.Retainer (Initial Fee Deposit)

As consideration for [my/our] acceptance of your case, you have agreed to pay a [refundable/nonrefundable] retainer in the amount of [number] dollars ($[amount]). The retainer should be delivered to [me/us] with a signed copy of this letter before [I/we] can com­mence work on your case.

You have agreed to pay a nonrefundable retainer to secure [my/our] services and to compensate [me/this firm] for the likelihood of lost employment opportunities.

[The initial fee deposit will be deposited into [my/our] trust account and applied toward the professional services rendered and expenses advanced by [me/the firm] as incurred each month./The initial fee deposit will be held and applied to the last invoice in this matter.]

At [my/our] discretion, the initial fee deposit may also be applied to any past-due invoices, in which case you agree, on [my/our] request, to replenish the retainer in the amount of your original payment. If you fail to replenish the retainer, then with written notice to you, [I/we] may cease work on your case as soon as ethically possible.

The initial fee deposit is not an estimate of the total legal expenses you may incur. The total fee may be less than or exceed the retainer depending on the circumstances of your case and subsequent developments.

All funds deposited in [my/our] trust account earn interest paid by the financial institu­tion to the Texas Equal Access to Justice Foundation by order of the Texas Supreme Court.

III.Fees and Expenses

I will serve as lead attorney. You agree to pay an hourly rate of $[amount] for profes­sional services performed by the lead attorney. [Include if applicable: For services performed by other attorneys in the firm, you will be charged at the hourly rate of $[amount].] For ser­vices performed by legal assistants, you will be charged at the hourly rate of $[amount]. These hourly rates may change during [my/our] representation. If such changes are necessary, you will be notified in writing [number] days before the change. All services, including telephone calls and emails, are billed in [number]-minute increments regardless of the actual time spent.

You will also be charged all incidental costs and expenses incurred by [me/the firm] in connection with your case, including the following: court costs and filing fees; deposition expenses; transcript costs; travel expenses; long-distance telephone calls; postage; services of other professionals, accountants, expert witnesses, and private investigation firms; document reproduction at $[amount] per page; fax transmissions at $[amount] per page; and Westlaw/Nexis legal research fees. [My/Our firm] policy requires a client to pay in advance or directly to the provider any expense exceeding $[amount].

Although I may request that the opposing party pay attorney’s fees and court costs as authorized by the Texas Family Code and other statutes, neither the request for fees nor a judgement for attorney’s fees will excuse your obligation to pay fees as required by this con­tract.

IV.Billing

You will be invoiced generally on a monthly basis for services and expenses rendered during the prior thirty-day period. Payments for [my/our] invoices are due on receipt and are past due after thirty days. If the initial fee deposit is exceeded, any balance is due and payable on receipt of the monthly statement. You may be requested to make an additional deposit when the initial fee deposit is less than $[amount].

V.Confidentiality

Conversations between an attorney and a client are protected by law. An attorney can­not be compelled to reveal confidential communications of a client with certain exceptions involving child or elder abuse. To enable [me/us] to efficiently render legal services to you, you agree to disclose fully and accurately all facts and keep [me/us] apprised of all develop­ments relating to your case. You further agree to cooperate fully with [me/us] and to attend hearings and meetings [I/we] may advise you to attend. You further agree to promptly provide any documents you have received pertinent to this matter.

From time to time [I/we] may use email without encryption to communicate with you or others about your case. There are related privacy and security issues with this means of communication. You have agreed that [I/we] may use email as an economical, convenient form of communication.

Please understand that to protect your interests in the event of my death, disability, or retirement, it may be necessary or appropriate for another lawyer or a staff member of this or another firm, a personal representative (including someone acting under a power of attorney), or another lawyer who is retained by any such person, to have access to your file and records in order to contact you to determine appropriate handling of your matters and of your files and to make an appropriate referral (subject to your approval) to other attorneys for future han­dling. In that regard, you grant permission and waive all privileges solely to the extent neces­sary or appropriate for this purpose.

VI.Management of Engagement

You have the right to be informed about the status of your case, and [I/this firm] will do [my/our] best to keep you advised as the case progresses. You hereby authorize [me/the firm] to take such action and to prepare, sign, and deliver such documents and filings as may be necessary or appropriate to represent you. Because of the nature of legal representation in gen­eral, [I have/this firm has] made no promises or guarantees to you concerning the outcome of the engagement, and [I/we] cannot do so.

You agree that [I/this firm] may withdraw from representation in the event you—

1.insist on presenting a claim or defense not warranted under existing law and that cannot be supported by a good-faith argument for extension or reversal of such law;

2.personally seek to pursue an illegal course of conduct;

3.request that [I/the firm] pursue a course of conduct that is illegal or prohibited under the disciplinary rules;

4.by other conduct render it unreasonably difficult for [me/the firm] to carry out employment;

5.insist that [I/the firm] engage in conduct that is contrary to [my/our] judgment or advice; or

6.disregard an agreement with [me/the firm] as to fees, services, or costs or expenses rendered.

You further agree that in order for [me/this firm] to effectively represent you, it is imperative that you—

1.communicate with [me/the firm] by returning telephone calls and responding to written correspondence;

2.cooperate with [me/the firm] by complying with requests for information or docu­ments; and

3.timely pay for services rendered as provided herein.

VII.Retention of File

[I agree/The firm agrees] to assert a diligent effort, subject to causes beyond [my/our] control, to retain and maintain all major and significant components of [my/our] files pertain­ing to this engagement for [number] years. [I reserve/This firm reserves] the right to destroy the file [years (not less than five)] years from the date the file is closed.

VIII.General Provisions

The Texas Supreme Court and courts of appeals have adopted the Texas Lawyer’s Creed as a mandate to the legal profession in Texas. A copy of the Texas Lawyer’s Creed is attached to this employment agreement for your review.

The Texas Government Code requires that you be advised that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar will provide you with information about how to file a complaint. For more informa­tion call 1-800-932-1900.

The fee specified in this agreement will be divided with [name], an attorney who is not in this firm. The fee will be divided [in proportion to the professional services performed by each attorney/between attorneys who assume joint responsibility for the representation]. You have consented to all the terms of the arrangement, particularly (1) the identity of the attor­neys or firms who will participate in the fee-sharing agreement, (2) the manner in which the fee will be divided as specified above, and (3) [the share of the fee that each attorney or firm will receive/the basis on which the division will be made].

[I am/We are] privileged to assist you and value your trust and confidence. If you approve this agreement, please date and sign the original of this letter where indicated and return it to this office by [date]. The enclosed copy is for your file. On receipt of this signed agreement and payment of your retainer, [I/we] will begin work on your case.

Sincerely yours,

[Name of law firm]

By:      
     [Name of attorney]

ACCEPTED AND AGREED TO ON ___________________________________.

   
[Name of client]

Notice of Privacy Policy Regarding Social Security Numbers

Social Security numbers will be divulged only with the client’s consent and when nec­essary during the course of the representation.

•Social Security numbers are collected from various sources, including income tax returns and other financial documents we receive.

•Social Security numbers are used to prepare documents in connection with child support; prepare reports filed with the state of Texas; and obtain information about your finances, employment, and retirement benefits.

•Only employees of the firm who have a need to know will have access to Social Security numbers.

The Texas Lawyer’s Creed

I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right.

Our Legal System

A lawyer owes to the administration of justice personal dignity, integrity, and indepen­dence. A lawyer should always adhere to the highest principles of professionalism.

1.I am passionately proud of my profession. Therefore, “My word is my bond.”

2.I am responsible to assure that all persons have access to competent representation regardless of wealth or position in life.

3.I commit myself to an adequate and effective pro bono program.

4.I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed.

5.I will always be conscious of my duty to the judicial system.

Lawyer to Client

A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate means to protect and advance the client’s legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.

1.I will advise my client of the contents of this Creed when undertaking representa­tion.

2.I will endeavor to achieve my client’s lawful objectives in legal transactions and in litigation as quickly and economically as possible.

3.I will be loyal and committed to my client’s lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice.

4.I will advise my client that civility and courtesy are expected and are not a sign of weakness.

5.I will advise my client of proper and expected behavior.

6.I will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct.

7.I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.

8.I will advise my client that we will not pursue tactics which are intended primarily for delay.

9.I will advise my client that we will not pursue any course of action which is with­out merit.

10.I will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client’s lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel.

11.I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.

Lawyer to Lawyer

A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall not influence a lawyer’s conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct.

1.I will be courteous, civil, and prompt in oral and written communications.

2.I will not quarrel over matters of form or style, but I will concentrate on matters of substance.

3.I will identify for other counsel or parties all changes I have made in documents submitted for review.

4.I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties.

5.I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are can­celed.

6.I will agree to reasonable requests for extensions of time and for waiver of proce­dural formalities, provided legitimate objectives of my client will not be adversely affected.

7.I will not serve motions or pleadings in any manner that unfairly limits another party’s opportunity to respond.

8.I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses.

9.I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me.

10.I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impro­priety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, par­ties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel.

11.I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel’s inten­tion to proceed.

12.I will promptly submit orders to the Court. I will deliver copies to opposing coun­sel before or contemporaneously with submission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court.

13.I will not attempt to gain an unfair advantage by sending the Court or its staff cor­respondence or copies of correspondence.

14.I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has been made to schedule it by agreement.

15.I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.

16.I will refrain from excessive and abusive discovery.

17.I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a wit­ness for the purpose of delaying or obstructing the discovery process. I will encourage wit­nesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is rea­sonably clear.

18.I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable.

19.I will not seek sanctions or disqualification unless it is necessary for protection of my client’s lawful objectives or is fully justified by the circumstances.

Lawyer and Judge

Lawyers and judges owe each other respect, diligence, candor, punctuality, and protec­tion against unjust and improper criticism and attack. Lawyers and judges are equally respon­sible to protect the dignity and independence of the Court and the profession.

1.I will always recognize that the position of judge is the symbol of both the judicial system and the administration of justice. I will refrain from conduct that degrades this symbol.

2.I will conduct myself in Court in a professional manner and demonstrate my respect for the Court and the law.

3.I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility.

4.I will be punctual.

5.I will not engage in any conduct which offends the dignity and decorum of pro­ceedings.

6.I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage.

7.I will respect the rulings of the Court.

8.I will give the issues in controversy deliberate, impartial and studied analysis and consideration.

9.I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes.