By requesting or accepting services from us, you agree to the terms of this memo unless we agree otherwise in a document signed by us. If you disagree with anything in this memo, in a fee agreement, or in any communication from us regarding billing, you must instruct us not to render any services until you and we have signed a written fee agreement; otherwise, you will be bound by the terms of this memo, any fee agreement, and all billing-related communication.
1. Hourly Charges; Billing Rates. When services are “billed by the hour” or when “hourly charges” apply, you agree to pay for the time that we expend on your case, as calculated at our standard hourly rates that are in effect at the time the services are rendered.
(a) As of March 31, 2018, the standard hourly billing rates for the professionals in the Firm are: $500 for attorney Layne T. Rushforth; $325 for attorney Kennedy E. Lee; $325 for attorney Daniel P. Kiefer; $350 for attorney Matthew W. Park; $325 for attorney Suzanne Fitts; $300 for attorney Brendan Bybee; $450 for attorney Joseph J. Powell; $175 for legal assistants Anne C. Stokes and Kelly L. Meade; and $75 to $125 for secretarial and staff services (e.g., general typing, mailing, copying, and filing) that are requested by you. If you agree to a different billing rate for specific circumstances, the rate must be specified in a separate document signed by you. The current billing rate for any employee is available upon request.
(b) Time is billed in tenth-hour (six-minute) increments, rounded to the next highest tenth of an hour. You will not be billed for telephone calls to discuss billing matters.
(c) Billable time will include all time expended on your matter, including the time we spend meeting or communicating with you, your other advisors, opposing parties and their counsel, and/or other third parties that are involved in the matter we are handling. The time expended on your matter will include the time to prepare for meetings, consultations, and hearings, including a file review, plus the time to prepare or dictate file memos or correspondence summarizing the meeting or consultation.
(d) More than one professional may work on your case, and you will be billed for the time of each professional, even when the professionals confer or work together on your case.
(e) For any out-of-office event, you will be billed for each person’s mileage charges (using the rate deductible for federal income tax purposes) and for each person’s time out of the office, including round-trip travel time.
(f) If services are required by a specific deadline and an employee of the Firm is required to work outside our normal business hours, we have the right to bill you for: (i) the additional cost we pay to compensate staff whose time is not billed; and (ii) the time of our billing professionals at a rate of up to 150% of our standard hourly rates.
2. Additional Services. If you request additional legal services that were not originally anticipated, the time to render such services will be billed by the hour unless we specifically agree otherwise in writing.
3. Interest; Default. We do not agree to extend credit to you. To discourage late payments, we charge interest at a very high rate. From the date of each invoice that is not paid within one calendar month of the invoice date, the Firm has the right to charge interest at the rate of 2.0% (two percent) per calendar month, compounded monthly (APY/EAR 24.34%), or, if lower, the highest interest rate permitted by applicable law. Even if invoices do not show interest charges, until you pay us in full, as billed, we have the right to add interest at any time retroactively to the date of the earliest invoice that remains unpaid. We may bill for our services under multiple billing matters, but a late payment, delinquency, or other default on one matter will be treated as a late payment, delinquency, or default in all matters. We have the right to suspend all work on all matters or to withdraw from any or all matters if any unpaid amount is over 60 days overdue or if the unpaid balance (even if not overdue) exceeds $5,000 after any existing retainer balance is applied. By accepting partial payments, we do not agree to do so in the future or waive the right to seek immediate collection of all amounts due.
4. Expenses. You agree to reimburse us for expenses incurred on your behalf, such as: postage; recording fees; filing fees (including fees for online filings); travel (based on mileage); and parking expenses. If you request — or if the expeditious handling of your case requires — urgent delivery that UPS or FedEx cannot make, you agree to reimburse us for the costs actually incurred to make the delivery. If a member of our staff makes the delivery, you will be billed by the hour for the time.
5. Personnel; Non-Attorney Professionals. The Firm has the right to select from its employees the persons who will perform the services to be rendered. A non-attorney professional (such as a legal assistant) may be used by the Firm to perform some of the work.
6. Termination of Services. Our duty to provide services ends upon the “effective termination date”, which is the date (1) you or we terminate the engagement, which either of us may do at any time for any reason, (but only as of the date approved by the court if court approval is required) or (2) the work is completed, whichever is earlier.
7. Fee Disputes. As to cases over which a court has jurisdiction, you agree to resolve fee disputes in the relevant court. You agree that we may choose to resolve other fee disputes by written arbitration through the State Bar of Nevada; however, if one or more hearing or other proceedings are required, all such hearings and proceedings shall be held in Las Vegas, Nevada. Nothing herein precludes us from seeking a judgment against you in a court of law or seeking other judicial remedies, such as the imposition or enforcement of a lien.