PLEASE READ THE TERMS, CONDITIONS, AND POLICIES IN THIS LEGAL FEES SECTION BEFORE ENGAGING THIS FIRM. THESE ARE AN ESSENTIAL AND NON-NEGOTIABLE PART OF OUR FEE AGREEMENT WITH ALL CLIENTS.

    The initial consultation – At the initial consultation your documents are reviewed, the case is evaluated, options are explained, and a course of action is recommended. Supply us with a copy of all your paperwork (This may require a trip to Kinko’s prior to an office visit, since we are not a copy center and will not make copies of lengthy documents for purposes of the consultation). A written timeline of events may also be helpful. If a brief document needs to be created or revised, this can often be done on the spot for the fee customarily charged for that document (see sample fees, below). The length of the initial consultation is “as needed” up to two hours. The consultation fee is due at the time of the consultation. Please do not ask us to bill you! The fee is $150 online and $175 in the office for residential matters. For commercial matters the fee is $250. Contingency fee cases are not accepted. At the consultation, specific fee options will be quoted for additional legal work, if required.  You are invited to compare our fees with those of any other board-certified lawyers with comparable experience.

    Online services - Many services, including the initial consultation, are available online.  You never have to leave your home or office.  The quality of services is the same.  You may ask follow-up questions at no additional charge.  Payment can be made on this site. Other advantages of the online method are speed and availability – email/fax/phone services are usually available six or seven days a week, whereas in-office appointments for new clients may be limited to certain hours. 

    Key policies concerning legal fees –

    Means of Payment.  Payment is by credit card online, check, cash, wire, or direct deposit at Wells Fargo Bank.  Our credit card capability is online only so it will be necessary for you to make payment on the website prior to an in-office appointment. We have no credit card machine in the office. Go to Make Payment for more information. 

    Flat fees. The client may choose between non-refundable flat fees (available in many but not all cases) and hourly billing. 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. Sample flat fees are shown below. Note that these fee quotes are guidelines. Since no two cases are alike, we reserve the right to be flexible on fees as individual cases may require. Fees are non-negotiable and subject to change without notice.

    Hourly billing. The hourly rate is $200 for non-court time, $250 per hour for in-court time, and travel time is billed at half the non-court hourly rate, ie., at $100. Time and resources are managed efficiently in hourly cases.  Every prudent attempt is made to save the client money.

    Costs.  Recording fees, suit filing fees, service of process, mediation fees, court reporter fees for depositions, expert witness fees, and the like are never included in a quote for legal fees – so fees are always quoted “plus costs.”

    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.

    Our locations - For those making an office visit, we suggest you go to Maps first to print out our location.   

    Realtor and legal services combined – Mr. Willis is a realtor as well as a lawyer and is able to offer a unique and superior level of service that combines legal and realtor services for a percentage of the transaction.  For example:

    Review/Revision of Sales Contracts: 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. This is a limited form of legal representation. In this option, fees are for preparation or revision of the contract only, delivered in Microsoft Word or Wordperfect so the client can make subsequent changes as needed, with no follow-up representation by the attorney.

    Full representation through closing. If the client wishes representation for the whole process from preparation of the contract through review of closing documents, including the full range of legal services, the fee is .005% of the sales price in residential transactions, with a floor of $950. In commercial transactions, the fee is .001% of the sales price and the floor is $1,500. 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. 

    Alternatively, 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% of the sales price.  Contact us for a specific quote in your case. 

    Communications - Clients agree to use email whenever possible to avoid phone tag.  Clients agree to check their email no less than once daily.  Mr. Willis handles cases in Houston, Dallas, San Antonio, and Austin. He may not always be available to personally meet with you or take your phone calls – thus our reliance on prompt email and efax for most routine communications. Clients agree to be available for in-office consultations and case preparation, remain in touch, and promptly produce additional requested information and documents. Clients in larger cases agree to have or install an operational fax number.

    Sample fees – The following are sample flat fees subject to change:

    Warranty deeds, notes, deeds of trust, releases, powers of attorney, and other similar single-purpose documents that are non-commercial in nature: $175 to $275 per document.

    Leases: $250 minimum for residential transactions, $750 minimum for commercial. In commercial cases, this option is for initial document work only and does not include on-going representation, which is billable hourly at $200 per hour unless Mr. Willis agrees to act as your realtor for a percentage.  

    Document preparation and closing a transaction in-house (no title insurance available): $750.

    Foreclosures and evictions: $750 for residential and $1,500 commercial. Travel expenses may apply. 

    Formation of limited liability companies: $650 plus the $325 filing fee, $80 for the corporate materials including seal, and $10 shipping for a total of $1,065.

    Retainers for attempting to settle disputed matters: range from $750 to $2,500 depending on complexity, which is evaluated at the initial consultation. 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 retainer is 90 days.

    Sales of Business or Business Entity: $1,500 to $2,500.

    Litigation – Generally, the hourly rate applies, although we may agree instead to a series of flat fee installments. The initial non-refundable retainer for commencing litigation as a plaintiff ranges from $5,000 to $10,000 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. Actual, provable damages should be at least $20,000 if the case is to be accepted as a litigation case. The initial non-refundable retainer for lawsuit defense ranges from $3,500 to $7,500 unless the client wishes to file a counterclaim, in which case the retainer is usually increased by $1,500. Travel time is billed at half the hourly rate. Contingency fee arrangements are not available. The attorney may request the advance payment of additional fees or the deposit of an additional retainer in anticipation of major events such as preparation, filing, and hearing of a motion for summary judgment; filing an application for injunctive relief; conducting or appearing at a deposition, mediation, or arbitration; the hiring of an expert witness; or other event likely to involve substantial attorney time and expense. The client agrees to comply promptly with any such request. In the event fees paid or a retainer on deposit with the attorney is/are exhausted, then the attorney may cease work on the case until the client tenders such additional fees as may be requested by the attorney.  If there is a trial fee quoted pursuant to a flat fee arrangement, it does not include the follow-up work that is often necessary after trial and which can be extensive – this is billed separately. Trials are before the judge only - jury trials are no longer offered because of the significant time demand that jury trials impose on a small law office (jury trials may take a week or more). A lawyer’s reputation at the courthouse is important, so weak or frivolous cases are not considered. 

    Other important policies – 

    Scope of fees. Flat fees do not include out-of-office meetings, research in the courthouse, physically inspecting property, or filing suit or answering a suit unless expressly agreed in advance.

    Fees are non-negotiable.  We do not negotiate fees. Attempts by potential clients to do so will result in their being automatically rejected as clients. 

    Fees to be paid before court.  If a court hearing is scheduled in your case, all fees due must be paid one week prior to the hearing date.  If payment is made less than one week before the hearing, it must be in cash, cashiers check, money order, or credit card on this site.  Handing money to a lawyer in the courthouse is unprofessional and unseemly, therefore payment is not accepted at the courthouse.  If payment is not made as required, you consent that the attorney not appear at the hearing.

    Payment Terms.  For billing of on-going matters, payment is late 10 days after date of invoice.  If payment is not made according to these terms, the client consents that the attorney is automatically relieved of any obligation to continue delivering legal services or to appear in court. This office has a zero tolerance policy concerning NSF checks. An NSF check will result in immediate termination of representation and possible legal action.

    Weekend and holiday meetings.  If the client is unavailable to meet on any day but Saturday, Sunday, or a holiday, or insists on a Saturday, Sunday or holiday meeting for any reason, the client agrees to pay an additional fee of $150 for any such meeting, if it is a flat-fee case; or double the hourly rate, if the case is billed hourly.

    Funds at closing. Real estate closings require “good funds” at the closing table, ie., cash, cashiers checks, money orders, or pre-payment by credit card - and no personal checks (this includes payment of legal fees due at closing).  If the parties expect to utilize the attorney’s trust account for deposits and disbursements, let us know in advance.  An escrow fee will be charged.

    No tax advice given. We do not give tax advice.  Please consult your tax advisor as to the tax implications of your case.  All clients are encouraged to have a good CPA that should be consulted along with an attorney.

    Client files. Clients are given copies of documents and correspondence as a case progresses. In this way, a client always has a current copy of his or her file. Keeping and maintaining these copies in an orderly manner is the client’s responsibility. Our in-house file remains the property of this office.  We are under no obligation to keep client files for any particular length of time or to respond to requests for “the file.”  Files may be disposed of without consent of or notice to the client. We never retain original documents. In accordance with the Identity Theft Enforcement and Protection Act, we routinely shred files before disposal. 

    No guarantees on contested cases. All contested cases involve risk or downside. No client’s case is perfect and no outcome can be considered assured in the legal system. There are too many variables. Therefore, no guarantee is made concerning the outcome of any contested case. No guarantee is made concerning the recovery of damages or legal fees. Payment of fees is not contingent upon the outcome.

    Attorney withdrawal. Mr. Willis reserves the right to withdraw from a case if developments indicate that the case may have less merit than anticipated. Other causes of withdrawal are failure by the client to pay fees or a serious disagreement between attorney and client on case strategy.

    Attorney vacations. Mr. Willis vacations during the month of July and during the Christmas season, and legal services may be reduced or unavailable at those times.  Mr. Willis is not required to notify clients before leaving on vacation.
   
    Sample Fee Agreements – Litigation Fee Agreement (Hourly); Non-Litigation Fee Agreement (Hourly); Closings Fee Agreement (Flat Fee); Evictions Fee Agreement (Flat Fee); Foreclosures Fee Agreement (Flat Fee); Negotiations Fee Agreement (Flat Fee). These agreements are deemed amended to include any information contained in this Fees section.

    THIS OFFICE DOES NOT REPRESENT YOU UNLESS WE EXPRESSLY AGREE TO DO SO IN WRITING AND HAVE RECEIVED AND ACCEPTED PAYMENT.  UNTIL THEN, NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED AND WE HAVE NO OBLIGATIONS TO YOU OR YOUR CASE.