Fees and Policies that Apply to All Clients

The initial consultation is the next step after we respond to your inquiry with our preliminary comments. It is handled online, supplemented by phone and fax. There are no artificial time limits on the consultation. We discuss the case thoroughly until legal advice and guidance are substantially complete.Reasonable follow-up questions are included. If a document needs to be created or revised, this can often be done at the same time for the fee customarily charged for that document.  We are proud of our ability to deliver quality, customized documents in record time – usually within 24 hours.

Consultations range from $150 to $250 and fall into two categories:

1. Real Estate Law. The fee is $150 for residential matters and $250 for commercial matters. At the initial consultation your documents are reviewed, the case is evaluated, options are explained, and a course of action is recommended. We need to see all your paperwork to effectively advise you! Documents and correspondence pertaining to your case should be emailed or faxed to (832) 201-5321.  The consult fee may be applied to the flat fee for certain services.

2. Asset Protection Review (“APR”). This is 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 a comprehensive analysis of your circumstances and goals with recommendations for action. We need to see all your paperwork to effectively advise you! The fee is $250 and is credited to subsequent fees if you decide to proceed with forming an LLC or trust.

Consultation vs. Retainer

Clients who have not used an attorney before may be unaware of the distinction between a consultation and a retainer. A consultation is just that – an initial discussion and review of documents, which then concludes.  It is not a lifetime retainer for ongoing services.  If you wish to retain a lawyer for the long term (e.g., for the duration of a dispute), payment of a retainer fee is appropriate.

Flat Fees vs. Hourly Fees

 This is a flat-fee office for the most part. Reasonable flat fees are quoted whenever possible (examples below).  However, when hourly billing is appropriate – usually in litigation – the rate is $200 per hour for out-of-court time and $250 per hour for in-court time.  An advance retainer of at least $1,500 is required for hourly matters. Fees do not include filing fees and other costs.

Terms of Payment

Payment is due prior to providing any detailed online advice or preparation of legal documents. Payment is by credit/debit (go to “Contact Us”), overnighted check, cash, wire, or direct deposit at our bank.  E-checks are NOT accepted since they incur a 5 day hold. 

You are invited to compare our fees with those charged by other board-certified lawyers with comparable experience.  We believe our fees are extremely reasonable; however, we make no attempt to be a discount law office, nor will we negotiate fees. Contingency fee cases are not accepted.

1. Warranty deeds, notes, deeds of trust, releases, powers of attorney, and other similar single-purpose documents prepared online:

2. Leases:

3. Living Trusts:

4. Foreclosures:

5. Evictions:

6. Closing Documents and Closings. . This is now a highly regulated area of the law. Accordingly, these are not “forms” but highly customized documents. We suggest that you read our articles Owner Finance in Texas, Wraparound Transactions in Texas, and Land Trusts in Texas.

1. Owner finance (deed, note, and deed of trust): $550 excluding filing fees
2. Wraparounds (deed, wrap note, wrap deed of trust, and wrap agreement): $750 excluding filing fees
3. Land trusts: $750 excluding filing fees

If the attorney is named to serve as your trustee in a deed of trust, add $25. Fees for closing documents are payable in advance, not at closing (The lawyer does not take the risk that the transaction will not close). Our charges are for the documents only. The closing itself is complementary and subject to the attorney’s schedule. Since this office ships closing documents all over Texas (indeed, the world), we cannot be present to close every transaction. “Conference call” closings are always an option.

Note that fees do not include negotiating the terms of documents with other parties or their lawyers – negotiation is a brokerage function for which we charge a percentage. When functioning as a broker, the percentage charged ranges from 1% to 3% depending on the involvement of other brokers.

Business Law and Company Formation

Texas series limited liability companies. This is a specialty of ours (see our companion site, http://www.TexasSeriesLLC.com). Read our articles LLC Formation in Texas and Asset Protection in Texas. Note: we no longer recommend corporations or traditional LLC’s for our clients’ investments – these are outmoded vehicles.

Company formation is handled online. The legal fee is $950 plus the $325 filing fee (which includes expedited handling by the Secretary of State), $80 for the company book (black vinyl notebook, seal, and custom membership certificates – upgrade to leatherette possible), and $10 shipping by UPS ground (overnight/air is $20 additional) for a total of $1,365 for the complete basic package. We insert our own sophisticated documentation into the company book (minutes, company agreement, etc.) which is designed to maximize asset protection. Optional add-on services include:

Attorney serving as registered agent (to receive official mail and service of process): $250 annually

“Anonymity fee” if the attorney also acts as organizer and initial manager (providing the client

      with full anonymity in the initial filing documents): $550

Upgrade to black and red leatherette company book: $45

Offshore LLC’s begin at $2,500

General partnerships, Tenancy-in-Common, and Joint Venture Agreements: $750

Sales of Business or Business Entity. Usually handled online. Fees are $750 to $1,500 depending on complexity. Our article Buying or Selling a Texas Business is suggested reading.

Dispute Resolution

Retainers for attempting to settle disputed non-court matters. Usually handled online.  Fees range from $550 to $1,500 depending on complexity. Included are a reasonable number of client conferences, letters, faxes, phone calls, emails, and document preparation involved in a diligent attempt to complete the task or settle the dispute.  Duration of this type of retainer is 90 days. 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 no further action will be taken.

2. Attorney letter with follow-up.  Most of the time, there is a reply to the demand letter, subsequent consultations with the client, and then additional correspondence is required.  There may also be negotiations in an attempt to settle a disputed issue.  Fee for this option is $550.  Expires in 90 days.

Contracts for Sale of Real Property – Four Client Options

1. Review/Comment on Sales Contracts. This is the minimum level of attorney involvement.  It applies where the parties have already drafted a contract. It is also the only option available if the contract is already signed. Comments and suggested changes are offered, as are answers to any questions concerning the legality or meaning of the contract.  However, no drafting or re-drafting is included. The fee is $150. 

2.  Review/Revision of Sales Contracts. This is a second-tier level of legal representation. Preparation and/or revision of contract provisions are included.  However, negotiations with the other party remain the responsibility of client. The objective is to provide a document favorable to the client which is then delivered in Microsoft Word or Wordperfect. The attorney’s responsibility ends at that point. 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 $225 minimum (Example: $400,000 sales price, $400). If the transaction is commercial, then the fee is .0005% of the sales price subject to a $550 minimum.

3. Full legal representation through closing.  This is the preferred option if the client wishes comprehensive legal representation from preparation of the contract through review of closing documents (The attorney is available by email/phone/fax at the time of closing but does not physically attend since our closings take place all over Texas).  This option includes drafting, re-drafting, and negotiations relating to legal provisions.  The fee is .005% of the sales price in residential transactions, with a floor of $750. In commercial transactions, the fee is .001% of the sales price and the floor is $1,200. In commercial cases, one half of the fee is payable in advance and is not contingent upon closing. The second half may be paid at closing.  

4. Full legal and brokerage representation.  Mr. Willis is a real estate broker as well as a lawyer and is able to offer a unique and superior level of comprehensive service for a percentage of the transaction. This is the ideal option if the client is not already represented by a real estate broker. Depending on whether the client is the buyer or the seller, and the involvement of brokers in the transaction, services may be offered at 1% to 3% of the sales price.  This is an especially favorable option for buyers, since brokerage fees are usually paid on a commission basis by the seller.  The buyer pays a $250 deposit which he then receives back if the transaction closes – otherwise there is no charge.  But circumstances vary . . . so talk to us before you submit an offer or sign anything.
Litigation

The cost of litigation has 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 – i.e., the case must present both clear liability on the part of the defendant and monetary damages in excess of $20,000. For cases involving smaller sums, we can assist clients in preparing their own case to present pro se (without a lawyer) in Justice Court. In litigation cases, the hourly rate usually applies, although we may agree instead to a series of flat fee installments. Travel time is billed at half the hourly rate. Contingency fee arrangements are not available. Prospective litigation clients are asked to read our article Litigation in Texas.  

Filing suit. The initial non-refundable retainer for commencing litigation as a plaintiff is $5,000 plus $500 in costs. In very complex cases involving numerous parties, the retainer and cost deposit may be greater. Retainers are lump sum payments and may not be paid in installments.  Subsequent retainer installments may be required as the case progresses.

Answering a suit. The initial non-refundable retainer for lawsuit defense is usually $3,500 unless the client wishes to file a counterclaim, in which case the retainer is $5,000 plus $500 in costs.

Key Policies Applicable to All Clients

By engaging this office you agree to the following policies:

Clients agree to use email whenever possible to avoid phone tag.  Clients agree to check their email (including the spam folder) at least once daily while we are working on your case. 

Document preparation. Fees for document preparation are for just that – preparing the document.  They do not include negotiating the terms of the document with an opposing party or on-going representation unless there is an hourly fee arrangement or unless Mr. Willis acts as your broker for a percentage.  Under no circumstances will documents be shipped to the client until fees are paid.

Document review/comment. We gladly review and comment on legitimate legal documents prepared by other professionals for the usual consult fee. We do not review and comment on home-grown documents or internet junk “forms” from the likes of LegalZoom.  Also: we never offer comments on documents we have not seen.

Online fees.  Fees quoted on this site are for services provided online, supplemented by phone and fax.  Office meetings increase these fees by 20%.

 Emergency documents on weekends and holidays.   Legal documents may be available on weekends and holidays, by request and for an additional fee of 20%.

Costs.  A quote for legal fees (even a flat fee) never includes costs and expenses.  Clerk’s filing fees, mediator fees, and the like are always extra.

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 unexpected or unforeseen circumstances.

Hourly fees.  Flat fees are quoted whenever possible.  When an hourly fee is appropriate, the rate is $200 per hour for out-of-court matters, $250 per hour in-court. Travel time is billed at $100 per hour. An advance retainer of $5,000 is typically required in hourly matters.

Court dates. Court dates do not go onto the attorney’s calendar unless and until a retainer deposit is received. 

Fees and retainers, once paid, are always non-refundable. Overpayments or credits to a client’s account must be used within 6 months or they expire. 

Scope of fees. Flat fees do not include unrelated legal services, travel to rural counties, research in the courthouse, physically inspecting property, and the like unless express prior arrangements are made.

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.

NSF checks or rejected card payments. This office has a zero tolerance policy on such matters, which will result in immediate termination of representation and possible legal action.

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

Client files. Clients receive copies of documents and correspondence. Keeping these copies 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. We never retain original documents. In accordance with the Identity Theft Enforcement and Protection Act, files are shredded before disposal.

Title insurance. This office is not affiliated with a title company and does not offer title insurance.  A title search is easily obtained but is not included in the fee for preparing a deed or closing a transaction.

Proprietary documents. All documents produced by this office are proprietary and licensed to the client for use in a particular transaction only.  They may not be reproduced or re-used in any manner without permission.

No tax advice. We are not tax advisors.  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. The client’s obligation to pay fees is not contingent upon the outcome.

Client demeanor.  Services will be immediately terminated without refund to clients who are rude, unprofessional, or uncooperative.

Client fraud or tax evasion. If it is determined that the client is engaging in these activities, representation will be immediately terminated without refund.