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Contract analysis / engagement-letter-fonseca.docx
engagement-letter-fonseca.docx
1035-00002 · 16 clauses
High · 1 Medium · 9 Standard · 2
1. Purpose and Acceptance of Engagement
1. Purpose and Acceptance of Engagement Thank you for selecting Calderwood & Harkness LLP ("the Firm" or "Calderwood & Harkness") as your legal counsel. We are honored by the confidence you have placed in us, and we look forward to providing you with the highest level of professional representation. The purpose of this letter is to confirm the terms and conditions of the Firm's engagement to represent you, Marguerite
2. Scope of Representation High
⚑ Non-compete / exclusivity restraint
2. Scope of Representation The Firm is engaged to represent you in all matters related to the establishment of a custody arrangement, parenting plan, visitation schedule, and child-support order concerning your two minor children with Mr. Medrano: • Isabela Luz Fonseca-Medrano, born February 11, 2017 (age 6); and • Mateo Elías Fonseca-Medrano, born August 29, 2019 (age 3). Without limiting the generality of the foreg
3. Engagement Team Standard
⚑ Commercial term
3. Engagement Team The Firm has assembled a dedicated team of experienced family law professionals to handle your matter. The attorneys assigned to this engagement are as follows: Oliver Mackenzie, Partner — Mr. Mackenzie will serve as the Responsible Partner for this engagement. In that capacity, he will provide supervisory oversight of all substantive work performed by the engagement team, ensure adherence to the F
4. Fees and Billing Rates Medium
⚑ Notice / time limit to track
4. Fees and Billing Rates The Firm will bill for all professional services rendered in this matter on an hourly basis. The current hourly rates for the members of your engagement team are as follows: In the event that paralegal or legal assistant time is incurred in connection with your matter, such time will be billed at hourly rates ranging from $225.00 to $325.00 per hour, depending on the experience level and qua
5. Fee Estimate Medium
⚑ Liability cap to check against exposure
5. Fee Estimate Based on our preliminary assessment of the circumstances of your matter, including the nature and complexity of the custody and support issues, the positions we anticipate may be taken by Mr. Medrano's counsel, and our experience with similar matters, we estimate that total legal fees for this engagement will fall in the range of $120,000 to $175,000. The lower end of this range assumes that the custo
6. Retainer Deposit Standard
⚑ Commercial term
6. Retainer Deposit As a condition of the commencement of substantive work on your behalf, the Firm requires an initial retainer deposit in the amount of $50,000.00 (Fifty Thousand Dollars). This retainer deposit must be received by the Firm before we will undertake any substantive legal work in connection with this matter. Upon receipt, the retainer deposit will be deposited into the Firm's client trust account (Int
7. Costs and Disbursements Medium
⚑ Liability cap to check against exposure
7. Costs and Disbursements In addition to professional fees, you will be responsible for the reimbursement of all costs and disbursements reasonably incurred by the Firm in connection with the representation. These costs are separate from, and in addition to, the fee estimate set forth in Section 5 above. Examples of costs and disbursements that may be incurred in connection with this matter include, but are not limi
8. Billing and Payment Medium
⚑ Forum / governing law
8. Billing and Payment The Firm will issue invoices on a monthly basis for all professional fees earned and costs advanced during the preceding calendar month. Each invoice will contain a detailed description of the services rendered, including the date of each service, the identity of the timekeeper, a narrative description of the work performed, the hours worked, the applicable billing rate, and an itemization of a
9. Client Responsibilities Medium
⚑ Liability cap to check against exposure
9. Client Responsibilities The success of this engagement depends in significant part on your active cooperation and participation. Accordingly, you agree to cooperate fully with the Firm in the conduct of the matter, including but not limited to the following: (a) Provision of Information. You will provide all requested documents, records, financial information, and other materials in a timely manner. This includes,
10. Confidentiality Medium
⚑ Confidentiality undertaking
10. Confidentiality All communications between you and the Firm, and all information provided by you to the Firm or developed by the Firm in the course of this engagement, are protected by the attorney-client privilege and the work-product doctrine. These protections are among the most important safeguards of the attorney-client relationship, and the Firm takes its obligations in this regard very seriously. The Firm
11. Conflicts of Interest
11. Conflicts of Interest Prior to agreeing to undertake this representation, the Firm conducted a comprehensive conflicts of interest check in accordance with the California Rules of Professional Conduct, Rules 1.7 and 1.9. The conflicts check was completed on April 14, 2023, and encompassed the following individuals and entities: Rafael J. Medrano; Medrano Visuals, LLC; Kwan, Delacroix & Samuels LLP; Gwendolyn R. K
12. Termination of Engagement Medium
⚑ Confidentiality undertaking
12. Termination of Engagement Either you or the Firm may terminate this engagement at any time, subject to the Firm's professional and ethical obligations as set forth below. Termination by Client. You may terminate this engagement at any time, for any reason, by providing written notice to the Firm. In the event of termination by you, you will remain responsible for the payment of all fees earned and costs incurred
13. Document Retention
13. Document Retention Following the conclusion of this engagement, the Firm will retain your client file for a period of seven (7) years, in accordance with the Firm's document retention policy. After the expiration of this seven-year period, the Firm may destroy or dispose of the file, including all documents, correspondence, notes, and other materials, without further notice to you. If you wish to receive your fil
14. Governing Law and Dispute Resolution Medium
⚑ Liability cap to check against exposure
14. Governing Law and Dispute Resolution This engagement letter and the relationship between the Firm and you shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. In the unlikely event that any dispute arises out of or in connection with this engagement, including but not limited to disputes regarding fees, the scope of services, or t
15. No Guarantee of Outcome Medium
⚑ Liability cap to check against exposure
15. No Guarantee of Outcome The Firm has not made, and does not make, any guarantee, promise, or representation regarding the outcome of this matter. While we are committed to providing you with diligent, competent, and effective representation, and while we will exercise our best professional judgment on your behalf at all times, the results of any custody, visitation, or child-support determination are inherently u
16. Entire Agreement
16. Entire Agreement This letter constitutes the entire agreement between you and the Firm with respect to the terms and conditions of the Firm's engagement to represent you in the matter described herein. This letter supersedes all prior discussions, negotiations, representations, and agreements between you and the Firm, whether oral or written, relating to the subject matter of this engagement. No modification, ame