EXPUNGEMENT FEE AGREEMENT – CONVICTION

We, the Client and any Co-Signors on behalf of Client, enter into the following Fee Agreement with Aarons Law Firm, P.C.:

Flat Fee for Legal Services:

$3,000.00

NM Gross Receipts Tax:

+$2553.13

8.44%

Fees, and Taxes:

$3,253.13

Retainer (down payment): –

-$1,000.00

Total Balance Due: $

$2,253.13

  1. FLAT FEE: The lawyers will handle this expungement case for the flat fee as stated. No refund will be paid to Client if the case ends quickly by agreement of the parties and no extra fee will be due even if it proceeds to one or more hearings. The flat fee includes notifying law enforcement agencies and the courts once the judge orders an expungement of your records.

  2. EXTRA EXPENSES: In addition to this flat fee for legal services, Client or Co-Signors are responsible for all extra out of pocket expenses. Such expenses typically include (a) the cost of obtaining certified rap sheets from NM Department of Public Safety and the Federal Bureau of Investigation; (b) photocopy costs if your criminal file has been archived; filing fees to begin the petition; (c) the cost too electronically open your case and file your petition with the court clerk; and, (d) postage to send the petition and other pleadings by certified mail to interested parties. Other expenses can also include Paypal transaction fees to process credit cards (3%), photocopy costs if the court clerk has archived your criminal file, a private investigator in rare circumstances and, if one of the lawyers has to travel long distances for a court hearing or otherwise, mileage at 50 cents per mile and lodging. The lawyer will inform Client and Co-signor before extra expenses become due. Client will pay $50 for any bounced check.

  3. PAYMENT PLAN: The lawyers will not begin work until the one-third retainer (down payment) is paid. This amount is not refundable once the lawyers research your case and begin assembling documents and creating files on your behalf. You should pay some amount toward the remainder of the flat fee each month. The amounts beyond the retainer will be deposited in an IOLTA client trust account. Once the total balance due has been paid, and the certified records checks have been received, the lawyers will electronically file the petition, thereby opening up your civil case with the court clerk.

  4. LEGAL SERVICES: In no case can the lawyers guarantee that the court will approve the petition for expungement or that law enforcement agencies, detention centers or court clerks will follow through once the court signs an order to expunge your records. The lawyer will represent Client to the best of his ability. The flat fee does not, however, cover other matters such as appeals if the district judge denies the petition, or other legal matters beyond the scope of the petition to expunge.

  5. RELEASE. At the end of the case, Client or Co-signor will pick up any items in the file because the remainder of the file will be scanned and destroyed.

  6. DISPUTES. Client may discharge or “fire” the lawyers at any time without any reason whatsoever. If you do so, then you may receive back some of the monies you paid from the trust account. If you discharge the lawyers before they file the petition, than they will only be entitled to the retainer plus any expenses to date, the remainder being refunded to the paying party. If they are discharged after the petition is filed but before the final hearing on your petition, then the lawyers will have earned two-thirds of the flat fee plus costs, and you will be entitled to a refund of any amount above that sum. If these benchmark fees are not enforced, then the lawyers will calculate their hours spent at 400 per hour to determine their earned fees. Consult another attorney if the lawyer provided ineffective assistance. All controversies are between the Client, Co-Signors and Aarons Law Firm PC and, if the parties cannot agree on the sum due to overpayment or malpractice, the controversy will be resolved by the New Mexico Bar Association Fee Arbitration Program; 5121 Masthead NE; Albuquerque NM 87109; telephone (505) 797-6068. The Magistrate Court of the County of Santa Fe, New Mexico, is the is the exclusive venue for any lawsuit filed between the parties unless the amount in controversy exceeds $10,000, in which case the First Judicial District Court in Santa Fe is the exclusive venue. The law of New Mexico will apply to any dispute.

  7. CO-SIGNORS. One or more Co-signors have express authority from Client to sign this fee agreement. Each Co-signor guarantees payment of all sums due under the terms of this fee agreement, including expenses, and is jointly and severally liable for the total balance due. <[initials: _______]

  8. MODIFICATIONS. This fee agreement represents the entire understanding of the parties unless we later modify it in writing and the parties sign the new agreement. Before signing this document, we agree that we understand its terms. If any portion of this Fee Agreement is declared void for any reason, the remainder shall remain in full force.

SIGNED on  in Santa Fé, New Mexico, by:

(x) _____________________________                      (x) _____________________________ 

back

back