Fees, Costs, and Policies Applicable to All Clients

The Initial Consultation

The consultation is the next step after we respond to your inquiry with our preliminary comments. Consultations begin at $150 and fall into two categories:

Real Estate Law. 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 fee is $150 for residential matters and $250 for commercial matters.  The consult fee may be applied to the flat fee for certain services.

Asset Protection Review. This is a good starting point if you are uncertain about what action to take to establish a business structure and/or defend assets. It 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 applied to subsequent fees if you decide to proceed with forming a company or trust.

There are no artificial time limits on the consultation. We discuss the case thoroughly until legal advice and guidance are substantially complete.Online consults are supplemented by phone and fax. Reasonable follow-up questions are included. If a document needs to be created or revised, this can often be delivered immediately for the fee customarily charged for that document. 

 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. 

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.

Payment         

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

Sample Fees - Documents and Closings (Excluding Filing Fees and Other Costs)

Warranty deeds, notes, deeds of trust, releases, powers of attorney, and other similar single-purpose short documents: Residential documents are $175 to $275 per document. Commercial versions range from $450 to $750.

Leases: $250 for residential transactions, $750 for commercial.

Document preparation for closings: $550 to $750 excluding filing fees. This does not include negotiating these documents with other parties or their lawyers.

Living Trusts: $550 not including the warranty deed into the trust, which is an additional $175. Read our article, Living Trusts in Texas.

Foreclosures: $750 for residential and $1,500 commercial. Read our article Foreclosures in Texas.

Evictions: $750 for residential and $1,500 commercial. Read our article Evictions in Texas.

     Texas series limited liability companies: $750 legal fee plus the $325 filing fee, $80 for the company materials (notebook, seal, and custom certificates), and $10 shipping for a total of $1,165.  Optional add-on fees include $250 annually for serving as registered agent; and a $550 “anonymity fee” if the attorney also acts as organizer and initial manager (providing the client with full anonymity in the initial filing documents). Read our articles LLC Formation in Texas and Asset Protection in Texas.  Offshore LLC’s begin at $2,500.

Retainers for attempting to settle disputed non-court matters: 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.

Sales of Business or Business Entity: $750 to $2,500 depending on complexity. Our article Buying or Selling a Texas Business is suggested reading.

Contracts for Sale of Real Property – Four Client Options

1. Review/Comment on Sales Contracts:  This is the minimum level of attorney involvement.  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. It 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. Depending on whether the client is the buyer or the seller, and the involvement of realtors in the transaction, services may be offered at 1% to 3% of the sales price.  This is an excellent option for buyers, since the buyer’s 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.

The cost of litigation has doubled in the last ten years. For this reason and for ethical reasons, only quality cases with legal merit are accepted – ie., the case must present both clear liability and substantial monetary damages. The hourly rate usually applies, although we may agree instead to a series of flat fee installments. The initial non-refundable retainer for commencing litigation as a plaintiff is usually $5,000 plus $500 in costs. The amount of the retainer depends on the complexity of the case, the number of parties, and the court to which it is assigned. 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. Travel time is billed at half the hourly rate. Contingency fee arrangements are not available. For more information, read our article Litigation in Texas.   

Key Policies Applicable to All Clients

Document preparation: Fees for document preparation 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 agrees to act as your broker for a percentage.

Online fees.  Fees quoted on this site are for services provided online, supplemented by phone and fax. In-person meetings in our office, if required by the client, will increase these fees an average of 10-15%.

Clients agree to use email whenever possible to avoid phone tag.  Clients agree to check their email at least once daily while we are in the process of establishing your company. 

Costs.  A quote for legal fees (even a flat fee) never includes costs and expenses.

Flat fees. Flat 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 $2,500 to $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 paid.  

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 counties other than Harris, Dallas, or Travis, 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.

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 DO NOT GIVE TAX ADVICE.  All clients are encouraged to have a good CPA who should be consulted every time there are potential 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 fraud or tax evasion. If it is determined that the client is engaging in these activities, representation will be immediately terminated without refund.