What Are the Most Important Terms to Include in a Fee Agreement for DUI Attorney sets?

What Are the Most Important Terms to Include in a Fee Agreement for DUI Attorney sets?

Drafting a fee agreement is one of the important things a DUI Attorney should do. When drafting your own fee agreement, or altering some of examples given from the State bar association its important to have several terms and conditions included in the agreement when it comes to DUI situations. In my opinion there are three terms or conditions that should always be included in addition to the standard boilerplate language found in most contract.

Description of legal sets: In a DUI situations there can be many other things going on. For example was there a traffic citation included in the arrest, will there be a probation hearing on another matter because of the new DUI charge, was there an accident involved if so will there be a restitution hearing or a civil suit against your client. If the Attorney is only representing the client on the criminal DUI charge than that needs to be expressly stated in the fee agreement. Otherwise the client may think the DUI Attorney is handling all the other legal matters going on.

Obligations between client and Attorney: One of the most important terms is completely spelling out what the obligations are between the client and attorney when it comes to coming to court, payment plans, staying in contact, etc. Often times I see Attorneys withdraw from situations for clients not paying them, or missing court. This is fine if that is stated in the fee agreement. But if its not and the attorney withdraws and no formal notice has been given to the client that can cause some problems.

Disclaimer: Due to the competitive field of practicing law when prospective clients meet with several different attorneys, some attorneys will potential the moon and stars to the client. Meaning they will potential a particular plea deal, or potential they can get the charge dismissed. clearly this is a mistake, and unethical. So its important for there to be a term in a fee agreement stating the attorney cannot make any promises or guarantees regarding the outcome of the case.

If you’re just staring out its always a good idea to ask a more experienced attorney to proportion a copy of their fee agreement. If you don’t know anyone then check with your local bar association. But if you’re thinking about creating your own make sure you have these three sections in your agreement in addition to other standard boilerplate language and the agreement should satisfy all legal requirements.

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