Fees and Policies that Apply to All Clients

These Fees and Policies Substitute for a Written Engagement Letter

These fees and policies apply to all attorney-client relationships with all clients in place of written fee agreements or engagement letters. By engaging our firm, you unconditionally agree to all of these policies without exception.

Our fees are usually quoted as flat fees plus costs. Flat fees are strictly limited to the subject item plus corrections and follow-up in the immediate time frame. Details below.

First, go to Contact Us and fill out the Client Inquiry Form. Let us know basic details in 200 words or less. We will respond promptly with free preliminary comments (not a full consultation) including a confirmation that we handle your type of case. The next step, if you choose, is a detailed paid consultation which includes a review of your circumstances and documents (you will need to email or fax these to us). The consultation is then handled online, supplemented by phone if needed.

We ask that you first read our web article that addresses your legal issue. This is a vital part of our process. You will get much more out of a consultation if you are first acquainted with basic law and procedure applicable in your case.

There are no artificial time limits on the consultation so long as its length and scope are reasonable. We discuss the case until legal advice and guidance are substantially complete (but obviously not indefinitely). Follow-up questions in the immediate time frame are included.

We want our clients to be proactive in the consultation process. Ask as many questions as you need to. If you think we have not thoroughly responded on some issue, let us know. Keep us informed of developments.

We have two ironclad rules: (1) we are unable to download and read your documents, create a file for you, place your case on our docket, prepare and ship documents to you, or provide any substantial legal advice until payment is made; and (2) we terminate discussions with any client who unreasonably seeks a discount, special deal, package rate, or the like. Our fees are reasonable but this is not a discount law firm.

We earnestly strive for transparency in specifying fees and costs on this site. If you are ready to move forward with a consultation or document preparation, kindly do not ask that we first review your emails/attachments/downloads and state that you "are happy to pay required fees." Fees and costs should be clear . . . so please go ahead and make the appropriate payment and we will begin action on your file within one business day. Of course, if you are unclear as to fees or costs, do not hesitate to ask.

Note that the Client Inquiry Form is for those wishing to engage an attorney to provide legal services. We regret that we do not have the resources to provide free Q&A services to the non-client public.

Initial queries. We respond to initial queries with preliminary comments (not a full consult) and a confirmation that we are able to handle your case. A paid consult follows if the client chooses. We regret that we are unable to offer free consultations or answer questions from those who are not seeking to retain an attorney. Also, please do not use our Client Inquiry Form to ask that we call you – that is not our process. We view such phone calls as consultations for which there is a charge.

Prospective clients occasionally ask:

“Do I have a case?”

“This is what happened. What should I do?”

“Let me give you the facts of this case.”

“I´m attaching my documents for your review. Can you help me?”

Reasonableness. Occasionally we have a client who wants a $150 consultation but then accompanies his request with a hundred pages of single-spaced legal documents for us to read and analyze. That is not reasonable. We reserve the right to determine what is a reasonable scope of work for any flat fee we charge and then, if necessary, increase the fee, convert to an hourly arrangement, or refund the payment.

Consultation vs. retainer. Clients who have not used an attorney before may be unaware of the difference between a consultation and a retainer. A consultation is just that – a discussion and review of your circumstances, documents, and options. It then concludes. It is not a retainer for ongoing advice and legal services. The same applies when the client pays to have a document prepared. Doc prep fees are not retainers for the long-term and do not include additional services such as negotiating terms of the document with an opposing party.

Long-term retainers. If a client wishes to retain a lawyer for an indefinite or lengthy period, it is certainly possible to do so, but payment of a retainer fee in proportion to the size and duration of the transaction is appropriate. Initial flat fee retainers range from $550 to $5,500.

Hypothetical questions. Even though Mr. Willis used to be an adjunct law professor, we prefer not to respond to hypothetical or general questions. Lawyers who practice in the areas of real estate and asset protection answer questions concerning specific circumstances and specific documents. That is the nature of our business. If you would like to arrange a consultation on a specific, concrete situation, we are available.

Types of consultations. Consults fall into two categories:

Real estate law consult. The online fee is $150 for residential, $250 for commercial. Documents are reviewed, the case is evaluated, options are explained, and a course of action is recommended. We need to see all your relevant paperwork to effectively advise you. We cannot offer advice on documents we have not seen. Documents and correspondence should be emailed or faxed to (832) 201-5321. The consult fee may in certain limited circumstances be applied to the flat fee for additional related services undertaken within 30 days. Inquire.

Asset protection review (“APR”). A good starting point if you are uncertain about what action to take to establish a business structure and/or defend assets. The APR includes an analysis of your circumstances and goals with recommendations for action, so you will need to prepare a list of assets, liabilities, and any legal action that may be pending against you. We need to see all your relevant paperwork to effectively advise you. We cannot offer advice on documents we have not seen. The fee is $250 and is applied to the fee for forming an LLC if action is taken within 10 days.

Flat fees vs. hourly fees. This is a flat-fee office for the most part (examples below). When hourly billing is appropriate – usually in litigation – the rate is $250 per hour for out-of-court time and $300 per hour for in-court time. Legal fees never include costs such as clerk´s filing fees, court reporters, mediators´ fees, overnight delivery, and other costs.

No contingency fees. We do not accept contingency fee cases. Such arrangements are usually offered by personal injury attorneys who eventually collect cash settlements from insurance companies – which is not true of business and real estate lawyers whose services are fee-based.

Stacking discounts or credits. In rare circumstances, more than discount or credit may apply. Unfortunately, our fees are so low that we cannot permit these to be stacked. The client will be allowed the largest discount or credit that applies.

Compare our fees. You are encouraged to compare our fees with those charged by other board-certified lawyers with many years experience (This does not include non-lawyer internet sites such as LegalZoom or "guru" investor sites, which we view as toxic waste). Our fees are extremely reasonable, particularly in light of our unique specialties and the availability of fast services online. We produce first-rate quality documents and services for fees that are often half or one-third of those charged by downtown law firms. However, this is not a discount law office. Persistent attempts to negotiate fees will result in termination of our discussions.

Payment is by credit/debit overnighted check, cash, wire, or direct deposit at our bank. E-checks are not accepted since they incur a 5 day hold. All personal or business checks $1,000 or greater must be cashiers checks or money orders – no exceptions. Go to Make Payment.

The cost of processing credit and debit cards is climbing. We offer a 10% reduction on legal fees (not filing fees and other costs) for cash (not checks), wires, or direct deposit of cash (not checks) at a Wells Fargo near you. You will of course receive a receipt. The 10% discount applies for fees less than $750; 5% for fees $750 and over. Why no reduction for checks? Risk. An alarming number of checks are now NSF.

Chatting. Occasionally, clients or potential clients misunderstand our role in the online marketplace and seek to utilize us as a free legal chat site. In spite of our significant online presence and our determination to supply an unprecedented amount of free information (by means of our website articles), we remain a business that sells legal advice, documents, and services, so – beyond making preliminary comments – we will respectfully decline to engage in lengthy or prolonged back-and-forth communications on an unpaid basis.

“Dribbling.” Many clients use handheld devices rather than keyboards and find it more convenient to send us multiple short or fragmented bursts of information, often over a period of days or weeks. This makes our job difficult since we receive many emails each day. To make matters worse, such devices are notorious for dropping text attachments and typically do not provide an email thread, so we can find ourselves at a loss as to context. Our conclusion? Real estate law is serious business and should probably not be conducted entirely by portable device. Please take the time to get to a computer so we can communicate professionally. Send one (or maybe two) comprehensive instructional emails with all relevant attachments that make it clear what we are being asked to do or what documents we are being asked to prepare. Then make payment. We will respond promptly.

Texas and Nevada series limited liability companies are a specialty of ours. Company formation is handled online and services are priced accordingly. Office conferences are not included and usually result in doubling the online fee.

Note that 90% of the new companies we form are series companies because of simplicity, economy, and flexibility for future operations. However, we are still occasionally asked to form a traditional LLC or a corporation and are glad to do so.

Prices are quoted in terms of flat legal fees plus costs (which are beyond our control and subject to change without notice). Company books with seal and membership certificates are part of the package that we pass along to you at our cost. We insert our own sophisticated documentation into these books (instructions, minutes, company agreement, etc.) designed to maximize asset protection. We are confident that you will be pleased with the end product.

Questions, corrections, and minor revisions within the immediate time frame are included in our fees. Major re-writes or the creation of custom documentation substantially different from what we usually offer are not included.

Our policy is not to work with or utilize LLC documents prepared by others. The reason is that 90% of what we see from other sources, including law firms, is simply not up to our standards.

Texas Series LLC formation. Legal fees for series LLC formation in Texas are $750 plus the filing fee ($325), $90 for the company book (our cost – includes black vinyl notebook, seal, and custom membership certificates – leatherette upgrade available), and $20 domestic shipping by UPS ground (overnight/air is $20 additional) for a total of $1,185 for the complete basic Texas package. For this total, you must supply your own registered agent with a physical street address in Texas (not a POB or UPS box). EIN not included – but that is easily obtained at irs.gov.

Anonymity company formation. This is our proprietary system for utilizing a trust in connection with the LLC filing in order to maintain the client´s anonymity in the Certificate of Formation. Trust agreement is included. Legal fees are $1,500 plus the filing fee ($325), $90 for the company book (our cost – includes black vinyl notebook, seal, and custom membership certificates – leatherette upgrade available), $20 domestic shipping by UPS ground (overnight/air is $20 additional), and $250 annual fee for registered agent services for a total of $2,185.00. EIN not included – but that is easily obtained at irs.gov.

Two-company structure (recommended for real estate investors). If the client wishes to establish our two-company asset protection structure (utilizing a series LLC as an asset-holding company plus a separate "shell" management LLC to deal with the public), then legal fees for forming these two companies simultaneously are reduced by $100.

Nevada Series LLC formation. An excellent way to own and hold assets. Legal fees for series LLC formation in Nevada are $750 plus $290 in costs, which include the $200 filing and expedited handling fee (regular processing is too slow), $90 for the company book (our cost – includes black vinyl notebook, seal, and custom membership certificates – leatherette upgrade available), and $20 domestic shipping by UPS ground (overnight/air is $20 additional) for a total of $1,160. EIN not included – but that is easily obtained at irs.gov. Note that a Nevada LLC is not recommended for a management company for Texas properties since it would then have to pay expensive fees to register and do business in Texas. Use a Nevada company for a holding company instead. Note that a Nevada LLC is not recommended for a management company for Texas properties since it would have to pay expensive fees to register and do business in Texas. Use a Nevada LLC for a holding company instead.

The Nevada registered agent with whom we have an established relationship charges approximately $375 per year. This supplies your company with both a mailing address (on W. Sahara Drive in Las Vegas) and registered agent services at that same address. There are no franchise taxes in Nevada, but after establishing an LLC the state will likely require payment of an annual business license fee (subject to change) of $200.

Conversion of Traditional Texas LLCs. Some clients will request that we convert a traditional Texas LLC to a series company. We generally discourage this option since older entities often come with "baggage" (debt, liabilities, taxes owed, etc.) but under certain circumstances it may be acceptable. $750 excluding filing fee of $175 and any other costs (e.g., company book and shipping).

Documenting an existing traditional LLC. If you have formed a traditional LLC with a minimal "one pager" filing and have no organizational minutes or company agreement, we will document your company with these items and provide complete instructions for starting business. We can also order a company book with seal and membership certificates from our printer. EIN not included – but that is easily obtained at irs.gov. Fee is $550 plus $90 for the company book. Not available for previously formed series companies.

Total Structural Reorganization. Clients occasionally request that we take their existing complicated structure (often consisting of numerous LLC´s, corporations, and limited partnerships) and overhaul it to create a simplified but effective asset protection program. Fees (not costs) begin at $2,500 and are deposited as an initial retainer with supplemental deposits expected. Inquire.

Shelf Companies. From time to time, we may have an inventory of existing, established companies that we can assign to you. These are companies specially designed by this office to include unique anonymity and asset protection features, EIN´s, assumed name certificates, and bank accounts. Fees are substantially higher. For our current inventory, see shelf companies.

Optional add-ons. These include:

Deeding Properties into your LLC or Trust: Specially crafted deeds for this purpose are $175 plus recording fees (usually about $28 depending on the county). If three or more properties are involved, the fee per deed drops to $125. Assumption deeds are used occasionally, and these are $250.

Management and consulting contracts to facilitate capital flow between companies (a must for the two-company structure): add $175 per agreement for a total of $350. Note: the management agreement and the consulting agreement are real, full-length contracts that usually are priced at $350 each.

Attorney serving as registered agent in Texas (to receive official mail and accept service of process): $250 annually per company.

Nevada company address and registered agent: approx. $375 (we arrange for you to pay direct to provider).

Upgrade to black and red leatherette company book (display quality): add $45.00.

Deed of real property into the company or into a specific series of the company: $175 per deed plus the county clerk's per page recording fees (usually about $28).

Exclusion of Certain Registered Agents: The documents produced by this office are sophisticated and proprietary. They are never distributed for reuse. We reserve the right to decline to file formation paperwork that lists a competing asset protection law firm as registered agent or otherwise threatens the proprietary nature of our documents.

Online delivery. We are proud of our ability to deliver quality, customized documents in record time – usually within 24 to 48 hours of receiving the necessary background information from the client. Document preparation is customarily handled online – so again, fees stated in this section are online not in-office fees. Office visits usually double the online fees.

Preparing documents vs. negotiating documents. Note this distinction. Flat doc prep fees do not include negotiating the terms of documents with other parties or their lawyers, since negotiation is a time-consuming function separate from merely drawing up a document. Doc prep fees cover delivery of the document and any client-requested changes or corrections within the immediate time frame. Our responsibility then concludes.

Draft documents. We may send drafts of documents to the client to review. It is the client´s responsibility to read these drafts carefully and promptly make us aware of any errors or changes that need to be made. We gladly make these changes within the immediate time frame; however, "corrections" desired by a client after delivery of final documents will incur a re-draft fee of $50.

Use of the attorney as trustee in real estate documents. Fees quoted are for drafting documents to the client´s specifications. Use of the attorney´s name as trustee (on a land trust, a deed of trust, a simultaneous conveyance, etc.) is not a free service. Acting as trustee can incur significant liability by making the attorney a target for potential litigation, and an appropriate charge (beginning at $25 for deeds of trust) is added to compensate for this risk. We reserve the right to decline to act as trustee in any transaction. Under no circumstances will we act as trustee on a document not prepared by this office.

Filing of documents that are emailed to clients. When we email real estate documents to a client, the client should execute the document before a notary, make a copy, and then (if the document is intended to be filed) file the original document in the county clerk´s real property records (there is a modest per-page recording fee that varies by county – check their website). The client may do the filing directly or, alternatively, the document may be returned to us and we will take this extra step. If we do the filing, add $25 to our fees plus the clerk´s filing fee (usually about $28 for a deed, more for longer docs) to the fee for the preparation of the document. We file documents by first-class mail in the usual course of business unless other prior arrangements are made for expedited delivery. Clients are always responsible for filing documents outside of the State of Texas, except for Nevada LLC docs.

Minor clerical errors on documents we have filed or documents received from the printing company. We take every reasonable precaution to avoid errors and will of course take action to correct major errors – defined as errors that have substantive legal effect. We are glad to email pages with corrections or changes. However, it is not our policy to re-file documents with clerks or otherwise incur expenses to correct minor clerical errors (e.g., a missing comma or the like) that have no substantive legal effect.

Document processing time by clerks. Clerks vary widely in their processing time. These offices are chronically understaffed. We cannot be responsible for delays or errors caused by a county clerk or the secretary of state and can never be precise as to the time it will take for a document to be processed in a clerk´s office and the original returned.

Emergency doc prep on weekends and holidays. Legal documents may be available on weekends and holidays, by request and for an additional fee of 20%. All legal fees increase by 20% in the last 10 days of the calendar year. No discounts are available during this time.

Proprietary documents. All documents produced by this office are proprietary and licensed to the client for use in a particular transaction only. The client does not purchase our documents outright. Our documents may not be reproduced or re-used in any manner without permission. Accordingly, documents are supplied only in PDF form, not Word or WordPerfect. Please do not ask for forms or templates.

Closing Documents. One of our specialties is preparation of "creative" closing documents. Unfortunately, this is now a highly regulated area of the law. Accordingly, our documents are not "forms" but complex, customized instruments designed to comply with the latest state and federal requirements. Examples of closing document packages:

Owner finance transactions for paid-for properties (deed, note, and deed of trust): $750

Wraparounds (deed, wrap note, wrap deed of trust, and wrap agreement): $750

Land trust transactions (exit trusts): $550

If the attorney is named to serve as trustee in a residential deed of trust, add $25.

Fees for closing documents are payable in advance, not at closing (i.e., we do not take the risk that the transaction will not close). Our charges are for the documents only (excluding filing fees). Conduct of the closing itself is complementary and subject to the attorney´s schedule and location. Since this office sends closing documents all over Texas (indeed, the world) we cannot be present at the closing of every transaction. "Conference call" closings are usually a satisfactory alternative, so long as the client has a notary and a copier available on site.

Lien Removal. This is a complex and unpredictable area. Results vary. Our flat fee is $750 per lien with no guarantees. Read our article Lien Removal in Texas before proceeding.

Residential Real Estate

Residential documents review/comment (not a re-write or redline): $150

Residential documents newly drawn up (e.g., simple deeds and the like – note that a doc prep fee does not include filing fees or negotiation/representation in the transaction):

Simple deeds: $175

Complex deeds (e.g., Assumption Deeds and Deeds in Lieu of Foreclosure):$250

Deeds of Trust: $225 (add $25 if we are named as trustee)

Real estate lien note: $175

Lease review/comment (not a re-write or redline): $150

Lease newly drawn up (does not include negotiations): $250

Lease-option (subject to statutory limitations): $350 – Read Lease Options in Texas

Partition agreements dividing community property: $350

Heirship affidavit (does not include deed from heirs): $350 " Read Heirship Affidavits in Texas

Add $25 to the cost of a document if there is a "metes and bounds" legal description that needs to be re-keyed by us

Commercial Real Estate

Commercial documents review/comment (not a re-write or redline): $250

Commercial documents newly drawn up (note that a doc prep fee does not include filing fees or negotiation/representation in the transaction):

Commercial deeds and promissory notes: $350

Deeds of Trust: $350 – add $50 additional if the attorney is named as trustee in a commercial deed of trust

Deeds of Trust with Security Agreement are $450 – add $50 additional if the attorney is named as trustee

Commercial lease review/comment (not a re-write): $250

Commercial lease newly drawn up (does not include negotiations): $750

Add $25 to the cost of any document if there is a "metes and bounds" legal description that needs to be re-keyed by us.

Living Trusts for the Homestead. Living trust creation is handled online. $550 not including the deed into the trust (necessary to complete the process), which is an additional $175 plus recording fees (approx. $28 depending on the county). Read Living Trusts in Texas.

Anonymity and Entry Trusts. Fees are $550. Read our articles Anonymity Alternatives in Texas Real estate and Land Trusts in Texas.

Land Trust Transactions (exit trusts): $550. Deed not included. Read Land Trusts in Texas.

Foreclosures. $950 for residential and $1,500 commercial, excluding recording fees ($60). Additional charges apply for travel to outlying counties. Read Foreclosures in Texas.

Evictions. $950 for residential and $1,500 commercial, excluding filing fees. Additional charges apply for travel to outlying counties. Read Evictions in Texas.

Eviction Appeals to County Court. $2,500 (non-jury) plus costs.

1. Review/Comment on Sales Contracts. This is the minimum level of attorney involvement. It applies where the parties have already drafted a contract, whether signed or not (It is the only option available if the contract is already signed and binding). Comments and suggested changes are offered, as are answers to any questions concerning the legality or meaning of the contract. However, no drafting or redlining is included. We simply point out specific weak points or areas that could be improved. The attorney´s responsibility ends at that point. The online fee is $150 for residential and $250 for commercial.

2. Review/Revision/Preparation of Sales Contracts. This is a second-tier level of legal representation. Preparation and/or revision of contract provisions (redlined changes) are included. However, negotiations and brokerage functions remain the responsibility of the client and the client´s broker, since this option does not include performing the broker´s duties. Our "best case" objective is to provide a purchase-sale contract favorable to the client. The attorney´s responsibility ends at that point. It does not continue through closing. This option is not available if the contract has already been signed. If the transaction is residential, the fee is .001% of the sales price, subject to a $350 minimum (Example: $400,000 sales price, $400). If the transaction is commercial, then the fee is .0005% of the sales price subject to a $750 minimum.

3. Full representation through closing as "attorney/consulting broker." This option applies if the client is already represented by a real estate broker but wishes to retain this office for comprehensive representation ranging from preparation of the contract through review (not preparation) of closing documents. Drafting, re-drafting, and negotiations relating to contract provisions are included. Fees are:

(a) Residential Transactions. The fee is 1% of the sales price in residential transactions, with a floor of $450 paid in advance with the balance due at closing.

(b) Commercial Transactions. TThe fee is 1% of the sales price, payable as follows: $750 paid in advance with the balance due at closing.

4. Full representation through closing as both attorney and broker. This is the ideal option if the client has chosen a property on which he wants to make an offer, but is not represented by a real estate broker. Fees are:

(a) Residential Transactions. The fee is 2% of the sales price in residential transactions, with a floor of $450 paid in advance with the balance due at closing.

(b) Commercial Transactions. The fee is 2% of the sales price, payable as follows: $750 paid in advance with the balance due at closing.

These options can get complicated, so we reserve the right to review circumstances case-by-case and modify fees accordingly. Note that fees for options (1) through (4) above do not include preparation of closing documents (deed, note, deed of trust, etc.), which is a separate function separately priced. The attorney is available for "conference call closings" but does not usually physically attend, since our closings take place from El Paso to Dallas to McAllen.

Retainers for attempting to settle disputed non-court matters. Fees range from $550 to $1,500 depending on complexity. Included are a reasonable number of client conferences, letters, faxes, phone calls, emails, and limited document preparation involved in a diligent attempt to complete the task or settle the dispute with an opposing party or their attorney. Retainer expires in 90 days or when the attorney declares an impasse. Filing suit is not included.

Demand or Notice Letters. Clients occasionally ask that a legal demand or notice letter be written on their behalf. There are two options:

1. Attorney letter without follow-up. This option is the more limited of the two, and the fee is $250. Responses to the letter will be forwarded to the client, but we are not retained for additional action. We send the letter and close the file.

2. Attorney letter with limited follow-up. In most cases, there is a reply to our demand letter, subsequent consultations with the client, and then additional correspondence, emails, and/or negotiations in an attempt to settle the dispute. A release may need to be drafted. Fee for this option is $550. Our "reasonableness" policy applies when defining "follow up" and any required doc prep. Expires in 90 days or when the attorney declares an impasse.

3. Attorney letter with indefinite retainer. $1,500 and up, computed hourly, with a 3 hour nonrefundable minimum. Supplementary retainers may be requested as the process moves forward.

Credibility Policy on Demand Letters. As a matter of ethics and professional credibility, we will not write a letter threatening a lawsuit unless the client has tangibly pledged to us in advance that he or she is willing to back it up with action.

Mediation. Our fees are $550 for attending a half-day mediation. Either Mr. Willis or an associate may attend.

The costs of litigation have doubled in the last ten years – for everyone, including the attorneys involved. Because of this and for ethical reasons, only quality cases with legal merit are accepted. In other words, any case we accept must present both clear liability on the part of the defendant and real monetary damages in excess of $25,000. Our office has additional requirements:

1. We will never threaten a lawsuit in a demand letter unless the client has posted a substantial retainer in our trust account. This is our credibility policy.

2. This office will never file a frivolous suit.

3. This office will never file a suit in furtherance of illegal or unjust ends.

4. It is our firm´s policy never to file suits among family members. Life is too short.

5. We will never file a lawsuit unless the client has proven to us in advance that he or she has the financial resources to prosecute the suit at a sophisticated level through trial.

For smaller cases, we may agree to assist a client in preparing his or her own case to present pro se (without a lawyer) in Justice Court, where the jurisdictional limit is $10,000 and attorneys are not required.

As to hourly rates, we quote two rates – one for out-of-court time, the other for in-court time, although we may agree instead to a series of flat fee installments. Travel time is billed at half the out-of-court hourly rate. Contingency fee arrangements are not available. Retainers are as follows:

1. Initial retainer for filing suit. The initial non-refundable retainer for commencing litigation as a plaintiff in a non-TRO case is usually $5,000 plus a stipulated $500 in costs for a total of $5,500. Expect to pay additional retainer installments as the case progresses.

2. Initial retainer for answering a suit. The initial non-refundable retainer for lawsuit defense is usually $3,500 in a non-TRO case unless the client wishes to file a counterclaim, in which case the retainer is $5,000 plus a stipulated $500 in costs for a total of $5,500. Expect to pay additional retainer installments as the case progresses.

Retainers are lump sum payments and may not be paid in installments. Retainers are always non-refundable. In complex cases involving numerous parties, the initial retainer and cost deposit may be greater. Included in the non-refundable initial retainer are detailed preliminary pleadings, a first round of written discovery requests and/or responses, a half-day mediation if ordered by the court, and settlement negotiations and documents. No hourly accounting is made for these flat-fee items. Once completed, additional retainer installments will be required if legal representation is to continue. For more detail on the litigation process, read our article Litigation in Texas.

Clients receive copies of all documents and correspondence pertaining to their case. This is the client´s file. Keeping these copies and maintaining them in an orderly manner is the client´s responsibility. Our file remains the property of this office and may be disposed of at any time without consent of or notice to the client. Reproduction of this file, if we still have it, will incur a $50 fee. We never retain original documents. We disclaim any responsibility for keeping any files for any specific period. In accordance with the Identity Theft Enforcement and Protection Act, files are shredded before disposal.

By engaging this office you unconditionally agree to all the following additional policies:

Clients agree to use email whenever possible to avoid phone tag. Clients agree to check their email at least once daily while we are working on your case. This includes checking the spam folder, since mail sometimes winds up there. If our emails to a client persistently bounce back to us, then the client will be asked to supply a different email address.

Online fees. Fees quoted on this site are for services provided online, supplemented by phone and fax. Office meetings increase these fees substantially – often double the online fee.

Articles. Clients must read all our web article(s) applicable to their case prior to engaging our firm. This ensures we have delivered maximum relevant information to you. By hiring us, you certify that you have first read this information.

Inquiries on behalf of others. We occasionally receive inquiries from persons who are asking about the legal situation of another person. We prefer to deal directly with potential clients, so we may respectfully decline to respond to such inquiries.

Flat fees. Flat fees (as opposed to hourly fees) are an accommodation to the client and are quoted with the understanding that adjustment may be necessary if there is a substantial increase in legal work due to unforeseen circumstances. Example: the opposing party unexpectedly hires an attorney and the paperwork/negotiation burden on us significantly increases. No hourly accounting is ever made in flat-fee matters.

Hourly fees. Flat fees are quoted whenever possible. However, when an hourly fee is appropriate, the rate is $250 per hour for out-of-court matters, $300 per hour in-court. Travel time is billed at $100 per hour plus costs. An advance retainer of $1,500 to $5,000 is customary in hourly matters with a three hour non-refundable minimum.

Costs. A quote for legal fees (even a flat fee) never includes costs and expenses. Clerks´ filing fees, court reporter fees, mediator fees, and the like are always extra in every law office. These fees are beyond our control and subject to change without notice.

Scope of fees. Flat fees are strictly limited to the subject item plus follow-up in the immediate time frame. They do not include other legal services, supplemental doc prep, travel to rural counties, research in the courthouse, physically inspecting property, and the like unless express prior arrangements are made. A "reasonableness" condition applies to all flat fees.

Payment of invoices. For billing of on-going or hourly matters, payment is late 10 days after date of invoice. If payment is not made when due or promised, the attorney is automatically relieved of any obligation to continue delivering legal services, including court appearances.

Document review/comment. We gladly review and comment on legal documents prepared by other professionals for the usual consult fee. That includes documents prepared by lawyers and realtors (including TREC and TAR contracts). We are occasionally asked to review out-of-state forms or investment seminar forms for their validity in Texas. We are willing to do a legal validity review, but it is not part of our practice to then attempt to modify such forms in order to make them compliant with Texas law – so we respectfully decline to do this. The reason is that we have our own proven, court-tested, customizable formats for sophisticated Texas real estate and business documents that have evolved over the years. Finally, we do not attempt to comment on homegrown/do-it-yourself documents (they are just too far out of the box – we´ve even seen one scribbled on a napkin) and we never review internet forms (e.g., from investor "guru" sites or the likes of LegalZoom) – we consider these to be junk.

Pestering. We are proud that we deliver most draft documents within 24 to 48 hours. As far as we know, no other office is faster. So, recurrent calls or emails from the client asking "Is it done yet?" are not helpful. Please allow us adequate time to do our job. Persistent pestering may result in our stopping work and issuing a refund in an appropriate amount to the client.

Court dates. Court dates do not go onto the attorney´s calendar unless and until a retainer deposit is received and the attorney expressly confirms that he will be present.

“Meet and Greets.” We occasionally receive requests for an old-fashioned free "meet and greet" or "interview" at the office in order for a prospective client to determine if this is the law office that will best suit his or her needs. These requests are often accompanied by a promise that "If we like you we´ll send you business." Regretfully, time limitations and the demands of our existing clients do not allow us to include such free meetings in our business model. We view them as paid consultations.

Associated attorneys. In the event of a scheduling conflict, a qualified associated attorney may appear in court, at a foreclosure, a mediation, or other similar matter in place of Mr. Willis without notice to the client or a reduction in fee.

Fees and retainers, once paid, are entirely non-refundable. Overpayments or credits to a client´s account must be used within 6 months or they expire. Clients have asked us to continue a consultation months or years later – and that is not reasonable.

Brokerage services. Before engaging this firm in a real estate brokerage capacity we ask that you first read "Information about Brokerage Services" which is available at the TREC website: http://www.trec.state.tx.us/pdf/contracts/OP-K.pdf.

Registered agent services. “RA” services are limited in scope to (1) accepting service of process; and (2) forwarding official mail from the Secretary of State and Texas Comptroller as well as notice and demand letters from attorneys or claimants. Examples of items not forwarded are bank statements, personal correspondence, HOA correspondence, ad valorem tax statements, utility bills, magazines, and junk mail generally. We may open correspondence to determine its nature. Items will be forwarded by U.S. first class mail. Overnight delivery, UPS, Fed Ex, and overseas delivery incur additional cost. Services do not include interfacing with the IRS. The RA fee is not a retainer for legal services. Client must furnish up-to-date contact information. The attorney serves only so long as the annual $250 fee is paid. We will not assist in furtherance of any illegal or unethical activity, including non-payment of state or federal taxes. If such occurs, then we will immediately cease delivering services without refund and will, upon demand by authorities, disclose the identity and whereabouts of the represented entity and its members, said circumstances being an express exception to the usual attorney-client privilege and a pre-condition to the attorney serving as registered agent.

NSF checks, checks declined for any reason, or rejected card payments. This office has a zero tolerance policy on such matters, which will result in immediate termination of representation without refund and possible legal action.

No shows and last-minute cancellations of office appointments. These incur the full quoted fee and will be re-scheduled only at the attorney´s discretion and with advance payment.

Christmas holidays. This is a busy time for entity formation since for various reasons clients want to establish their companies by the first of the year. The Secretary of State´s office (always understaffed) is backed up. The printer who produces our company books is swamped. Mail is slow. This office works overtime during this period, but patience is required. All legal fees increase by 20% in the last 10 days of the calendar year. No discounts or credits of any kind are available during this time.

Title insurance and title reports. This office is not affiliated with a title company and does not offer title insurance. A title search is easily obtained (and encouraged) but is not included in the fee for preparing a deed or closing a transaction. Such a fee is paid directly to the title company.

No responsibility for title company actions. Although regulated by the State Board of Insurance, title companies are independently owned and underwritten. They can be demanding, even whimsical, about what documents they require or approve. Our documents are always legally effective, but we make no guarantees concerning any particular title company's underwriting approval. For creative transactions, it is occasionally necessary to "shop" title companies.

No tax advice. We cover some tax basics but are not qualified tax advisors or tax return preparers. All clients are encouraged to have a good CPA who should be consulted every time there are potential state or federal tax consequences.

No guarantees. No legal outcome can ever be guaranteed. No guarantee of any kind is ever made by this office. The client´s obligation to pay fees is never contingent upon the outcome.

Do-it-yourselfers. We occasionally receive requests from persons who want assistance doing their own legal work, filling out "forms," or who want to buy only a part of a package service so as to be able to do the rest themselves. We regret that we cannot include such services in our business model.

Half-finished Cases. We occasionally receive requests from persons who want us to assume responsibility for a case that they have been working on themselves pro se (without a lawyer). Because of the number of lawsuits against attorneys, it is our policy not to assume personal and professional liability for what a client did or did not do while the client was attempting to handle a matter himself. This is particularly true in lawsuits, evictions, and foreclosures where the timing and content of notices and pleadings are critical. We respectfully decline such cases unless we are able to entirely re-start the process from the beginning at the fee stated on this website.

Attorney withdrawal. TThe attorney may immediately withdraw from a case if fees are not timely paid; if the attorney and client have a substantive disagreement concerning case strategy or methods; or if a client is rude, unprofessional, unreasonably demanding, or uncooperative.

Failure to pay taxes on companies formed by this office. If state and/or federal taxes are not timely paid on companies formed for you by this office, Mr. Willis will resign as registered agent (if he is serving as such) and may disclose your identity and whereabouts. This is an exception to our usual strict confidentiality policy. We will not participate or assist in illegal conduct or incur liability for a client´s unlawful conduct. You agree and consent to this in the event you do not pay taxes for your company.

Client fraud or tax evasion. This office advises clients on legitimate asset protection, not fraud or tax evasion. If it is determined that a client is engaging in these activities, representation will be immediately terminated without refund and this office will provide any information or documents that may be requested by the proper authorities. This is an exception to our usual strict confidentiality policy. We will not participate or assist in illegal conduct by a client, nor will we subject ourselves to potential liability for a client´s illegal acts.