Wyatt Legal Services Pllc Attorneys At Law Contract For Legal


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Wyatt Legal Services Pllc Attorneys At Law Contract For Legal

  1. 1. WYATT LEGAL SERVICES, PLLC ATTORNEYS AT LAW Contract for Legal Services –Medicaid Services April 14, 2008 Date Medicaid Applicant: Responsible Party: Address: City: , State: , Zip: Phone: This is an agreement for legal services. Under this agreement, Wyatt Legal Services, PLLC (the “Firm”), will render legal services for the Medicaid Applicant (the “Client”). In many cases, a Client asks the Firm to deal directly with a Responsible Party instead of them. In some cases, the client has no capacity to deal directly with us and, therefore, we deal only with a Responsible Party. Unless the client contacts us directly and has capacity, we require, as a condition of engagement, that both the Client and Responsible Party agree to pay for legal services. In this agreement and this engagement, it is understood that “Client” for the purposes of attorney client privilege, priority of interests and protection shall refer to “Medicaid Applicant” above. However, as to all duties on the part of client, both the client and the “Responsible Party” above agree to be bound by the terms of this engagement. Term The agreement shall run while the legal matter described herein is active. The term shall start on the date of this agreement and shall end with the date of disengagement stated in the letter of disengagement issued at the end of this matter. Promises by the Firm The firm promises to: 1. Act as attorney(s) for client in relation to services necessary and incident to evaluation of eligibility for Texas Medicaid Services, development of a plan for enhancing eligibility and assisting the client in applying for benefits under Texas Medicaid as those services may be authorized from time to time.. 2. Act professionally and exercise due care as required by the Rules of Professional Conduct. 3. Provide client with copies of all letters, court documents, and other relevant documents produced or received during the course of this matter. This does not include notes or research notes. These materials remain the property of the firm and are not subject to client inspection unless otherwise required by law. 4. Keep confidential and secret all discussions and materials. Maintain confidentiality regarding all documents and other materials regarding client's affairs except as permitted by the Code of Professional Conduct or as authorized by client. 5. Continue to represent client on this matter until the matter is concluded, unless client discharges the firm or the firm is permitted to withdraw. 1
  2. 2. Promises by the Client Client Promises to: 1. Pay all fees at the inception of the case, and pay costs and other charges rendered by the firm within 10 days of receipt of any bill according to the following: Costs. Costs are any funds billed to, or expended by, the firm on your behalf for services or expenses directly related to legal representation and paid to another person, firm or governmental office. Typically, they include items such as filing fees, and special legal supplies. As required by law, all costs are payable by the client and may not be paid by the attorney as a part of the fees collected in a case. The firm is permitted to expend funds for costs as a courtesy only and is not allowed to lend money to clients on account of costs. Fees. At the outset of every engagement, we ask for a retainer. This is a sum of money which we deposit into our Attorney Trust Account for the client’s account. We draw against this retainer as each phase of our work is authorized. Fees for Elder Law Services provided by the Law Firm are divided into four phases matching the logical progression of the work on the case. Each phase is contracted for, under the general terms of this engagement agreement, at the conclusion of work on the prior segment. Payment is expected for each phase of work as that phase is commenced. 1. Initial Assessment and Engagement Meeting We will then assess capacity, review financial records, and formulate a plan. 2. Financial Summary and Plan Review and Approval Meetings We will then draft instruments and assist the Responsible Party with implementing a Plan. 3. Plan Compliance and Eligibility Confirmation Meeting We will then confirm eligibility and compile and full application package. 4. Form 1200 Execution Meeting We will then submit the application package and represent the client through approval. These steps and processes are all discussed at greater length in the white paper delivered with this contract entitled, “Elder Law Services Information for Clients and Responsible Parties.” Services in the Medicaid area are, of course, subject to the reality that individuals in hospital or nursing care are often very ill or frail. We ask that the Responsible Party keep the law firm informed of any changes in the health of the client. We consider, and the client agrees, that once a phase of service is authorized, as explained in the detailed Elder Law Services Fee Statement and Estimator Worksheet attached hereto, the firm has the right to retain funds paid to us upon that authorization or to transfer funds from the Client’s Retainer Account in our Attorney’s Trust Account and to retain the funds as a payment for Fixed, Non-refundable fees. 2. Tell the truth and divulge all information which is sought by the firm for the purposes of legal representation hereunder upon request and inform the firm of any newly discovered, subsequently recalled, or changed information which may affect any information previously supplied to the firm. 3. Follow the advice and instructions of the firm. 4. If client fails to perform any of these duties, the firm may withdraw from representation. In the event of withdrawal, no refund of fixed fees is due to the client except as may be required by law. In the event that the Medicaid Applicant expires during the term of this agreement, the engagement may be terminated by the 2
  3. 3. responsible party, or not, as may be chosen following consultation. Fees are not refundable due to death of the applicant. Appeals and Separate Matters This engagement does not include handling any appeal from an adverse ruling. This is not an agreement to provide services as quot;General Counselquot; and does not govern the terms of service on any other legal matters. Any such matter would have to be the subject of a separate agreement. Separate and non-related services. During the implementation phase of the Medicaid Plan this firm may recommend the transfer of assets or purchase of products, particularly financial products, which are sold by third party vendors. We are not sales agents for any such products. The Medicaid Plan which we formulate and present to you will describe by features and characteristics the products which the situation will be best served by purchasing. However, no obligation to make a recommendation of, or assessment of, a particular vendor is incurred by the Firm under this agreement. We will investigate, for an additional fee, the financial qualifications and/or strength of any vendor which you propose using. Otherwise, WE DO NOT INVESTIGATE OR RECOMMEND ANY VENDOR OF FINANCIAL PRODUCTS to our clients. R. Jeff Green, legal assistant for Elder Law, is a full time employee with the firm. He is also the owner of a company known as Senior Planning Services, LLC., which is a vendor of financial services. This firm has not evaluated his company or the products his firm sells. We neither endorse nor discourage the use of that company for purchase of financial products if recommended within a Medicaid Plan produced by this firm. Governing Law This agreement is subject to the Rules of Professional Conduct governing attorneys and all laws and regulations governing the practice of law in the State of Texas. Additional Terms: This agreement contains no additional terms. This agreement is entered into this .............. day of .................................., 20.......... . Client acknowledges that prior to signing this agreement he/she/they/it has read and reviewed the attached: (check all that apply) [ ] Exhibits A and B. [ ] Elder Law Services Fee Statement and Estimator Worksheet. [ ] White Paper – “Elder Law Services Information for Clients and Responsible Parties.” [ ] Due Diligence Checklist Form ______________________________________________ Client, Client by Responsible Party and Responsible Party ______________________________________________ Client by Responsible Party and Responsible Party Individually. 3
  4. 4. EXHIBIT A – Wyatt Legal Services, PLLC In the unlikely event that any member of the firm renders services to the client under the direction of the responsible part, the following is a list of the hourly rates applicable. No such authorization to proceed with work by the hour will be implied and none will be undertaken without the express consent of the client and/or responsible party. Schedule of Fees As of January 1, 2008. Attorneys: Rate Attorney Donald L. Wyatt, Jr. $300 Note: This rate will increase to $360 as of July 1, 2008 Support Staff: Paralegals, law students $80 Clerical staff $35 Investigative personnel $75 EXHIBIT “B” NOTICE TO CLIENTS 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’s Office of Chief Disciplinary Counsel will provide you with information about how to file a complaint. Please call 1-800- 932-1900 toll-free for more information. Initials: _____ _____ NOTICIA A CLIENTES El Colegio de Abogados investiga y procesa quejas de mala conducta profesional contra abogados con licencia en Texas. No todas las quejas o desacuerdos con un abogado implican mala conducta profesional. Sin embargo, la oficina del Jefe de Consejo Disciplinar le ofrecerá información sobre cómo presentar una queja. Para más información, favor de llamar al 1-800-932-1900. (sin costo) Initials: _____ _____ 4