FEE AGREEMENT FIXED FEE/HOURLY, NON-LITIGATION
Law Offices of Lydia H McEvoy
1409 NE 102nd Terrace
Kansas City, MO 64155
August 13, 2009
LAWYER-CLIENT FEE AGREEMENT
Lvdia H McEvov. ("Lawyer"), will provide legal services to Cedar Lake Estates Homeowners Association.
("Client"), on the terms set forth below.
1. CONDITIONS. This Agreement will not take effect, and Lawyer will have no obligation to provide legal
services, until Client returns a signed copy of this Agreement and pays the initial deposit (advanced fee) called
for under Paragraph 5.
2. SCOPE OF SERVICES. Client hires Lawyer to provide legal services in the following matter:
Filing and releasing liens placed on properties for non-payment of homeowners association dues.
Related correspondence and duties.
Initial review of current bylaws with complete suggestions for improvement.
Lawyer will provide those legal services reasonably required to represent Client. Lawyer will take reasonable
steps to keep Client informed of progress and to respond to Client's inquiries. This Agreement is entirely
limited to the duties described above. It does not cover litigation services of any kind, or any other type or
manner of legal counsel or advice. If a need for litigation or other legal advice should arise, the same may be
provided in accordance with a separate fee agreement.
3. CLIENT. The lawyer represents the interests of Cedar Lake Estates Homeowners Association exclusively in
this matter. It is understood by Client and any third party who may be assisting Client in this matter, that
lawyer's duty is to act in the best interest of the Client and lawyer cannot share information about Client's case
with anyone other than Client without express permission. The Client in this matter is the Association, and not
its individual members or officers. If a conflict should arise between the interests of any individual, and the
interests of the association, Lawyer will be bound by her ethical and legal duties to act in the best interests of
4. CLIENT'S DUTIES. Client agrees to be truthful with Lawyer, to cooperate, to keep Lawyer informed of any
information or developments which may come to Client's attention, to abide by this agreement, to pay Lawyer's
bills on time and to keep Lawyer advised of Client's address, telephone number and whereabouts. Client will
assist Lawyer in providing information and documents necessary for the representation in the described
5. DEPOSIT (ADVANCED FEE). Client agrees to pay Lawyer an initial deposit (advanced fee) of $ $250 by
September 15. 2009 . Fees will be credited against the deposit (advanced fee). The initial deposit (advanced
fee), as well as any future deposit (advanced fee), will be held in a trust account. Client authorizes Lawyer to
use that fund to pay the fees and other charges as they are incurred. Payments from the fund will be made
upon remittance to client of a billing statement. Client acknowledges that the deposit (advanced fee) is not an
estimate of total fees and costs, but merely an advance for security.
Whenever the deposit (advanced fee) is exhausted, Lawyer reserves the right to demand further deposits
(advanced fees) each up to a maximum of $500. Client agrees to pay all deposits (advanced fees) after the
initial deposit (advanced fee) within ten (10) days of Lawyer's demand. Unless otherwise agreed in writing, any
unused deposit (advanced fee) at the conclusion of Lawyer's services will be refunded.
6. LEGAL FEES AND BILLING PRACTICES.
Fixed rate billing. Client agrees to pay a fixed fee of $150 for the single filing of each lien. Services to be
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1) the drafting and mailing of a single letter of demand to each homeowner whose association dues remain
2) the filing of a lien against a property for which association dues have not been paid; and
3) the filing of a release of said lien when the dues are paid to the satisfaction of Client.
This fixed rate billing includes:
1) all necessary communication/negotiation with debtor regarding payoff arrangements;
2) computation of payoff with applicable interest and costs imputed to debtor; "
3) receiving/processing payment from debtor and forwarding same to Client.
Client also agrees to pay a fixed fee of $150 for a complete initial review of the Association's bylaws and
thorough suggestions for improvement. Services to be provided in exchange for this fee shall include ONLY:
1) careful reading by Lawyer of all bylaws, board policies and related documents;
2) preparation by Lawyer of a written document detailing suggestions for improvement or change of the bylaws
and other documents reviewed;
3) communication with Client during review process, whether in writing or by phone.
By pre-determining this fixed fee for these services, Lawyer and Client believe this will constitute a reasonable
fee for the contemplated services. The Client understands that the services provided may require more effort
and time or in some cases less, than contemplated as the representation begins. However, the fee will not be
raised or lowered if this occurs.
(a) Lawyer Withdraws before the Matter is Concluded
Unless Lawyer withdraws before the completion of the services, fails to perform substantial services, or the
fee is unreasonable under the circumstances, the fixed fee will be earned in full and no portion of it will be
refunded once any material services have been performed.
(b) Lawyer is Discharged before the Matter is Concluded
If the lawyer-client relationship ends before the client's legal matter is completed, Lawyer will be entitled to
a reasonable fee for services rendered up to that point, which will be calculated on the Lawyer's regular
rate of $150 per hour. If Client believes a refund is due, Client must inform Lawyer within 30 days of
Hourly billing. From time to time, Client may require advice or assistance with legal matters other than the
services described above under "Fixed fee billing." Any such additional services or advice required to assist
Client in collecting past due homeowners association dues shall be billed at an hourly rate of $150 per hour,
unless another fixed fee is agreed upon. This rate shall remain in effect for one year from the date this
agreement is fully executed. Upon Client's request for advice or assistance not included in "Fixed fee billing,"
and prior to providing such advice or assistance, Lawyer will inform the client that such services will be billed at
an hourly, rather than a fixed, rate.
Time spent providing services that are billed at an hourly, rather than a fixed, rate will include the time Lawyer
spends on telephone calls relating to Client's matter, including calls with Client and other parties and lawyers.
For hourly services, Lawyer will charge for waiting time and for travel time, both local and out of town.
Time is charged in minimum units of one tenth (0.1) of an hour. The following have higher minimum charges:
7. COSTS AND EXPENSES.
Lawyer will incur various costs and expenses in performing legal services under this Agreement. Client agre
to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses
commonlv include fees fixed bv law or assessed bv public aaencies. lona distance telephone charaes.
messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including
parking, mileage, transportation, meals and hotel costs, nvestigation expenses and consultants' fees and
other similar items. Except for the items listed below, all cos and expenses will be charged at Lawyer's cost.
In-Office photocopying $0.05/page
Facsimile charges $0.05/page
Mileage $0. SO/mile
8. BILLING STATEMENTS. On the 1ST of each month, Lavryer will send Client a statement for fees and costs
incurred during the previous month, and reflecting any pjiyments on account or past due amounts. Each
statement will be payable within ten (10) days of its mailing date. If Client requests an additional statement,
Lawyer will provide one within 10 days. The statements shall include the amount, rate, basis of calculation or
other method of determination of the fees and costs, which (tosts will be clearly identified by item and amount.
9. DISCHARGE AND WITHDRAWAL. Client may discharge Lawyer at any time. Lawyer may withdraw with
Clienfs consent or for good cause. Good cause includes Client's breach of this agreement, refusal to
cooperate or to follow Lawyer's advice on a material matter or any fact or circumstance that would render
Lawyer's continuing representation unlawful or unethical. When Lawyer's services conclude, all unpaid charges
will immediately become due and payable. After services conclude, Lawyer will, upon Client's request, deliver
Client's file, and property in Lawyer's possession, whether or not Client has paid for all services. Client
understands that to the limited extent Lawyer has paid out of pocket expenses for items, which have not yet
been reimbursed by client, Lawyer must be reimbursed for that particular expense before releasing the item.
Lawyer will maintain Client's file for two (2) years after this matter is concluded. Client may request the file at
any time during, upon conclusion of, or after conclusion of, this matter. Two years after the conclusion of this
matter, the file may be destroyed without further notice to Clifent.
10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this agreement and nothing in Lawyer's
statements to Client will be construed as a promise or guarantee about the outcome of the matter. Lawyer
makes no such promises or guarantees. Lawyer's comments about the outcome of the matter are expressions
of opinion only. Any estimate of fees given by Lawyer shall not be a guarantee. Actual fees may vary from
11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties. No other
agreement, statement, or promise made on or before the effective date of this Agreement will be binding on
12. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. f any provision of this Agreement is held in whole
or in part to be unenforceable for any reason, the remainder^ of that provision and of the entire Agreement will
be severable and remain in effect.
13. MODIFICATION BY SUBSEQUENT AGREEMENT, this Agreement may be modified by subsequent
Agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to
the extent that the parties carry it out.
14 EFFECTIVE DATE This Agreement will govern all legal services performed by Lawyer on behalf of Client
commencing with the date Lawyer first performed services. The date at the beginning of this Agreement is for
reference only. Even if this agreement does not take effect, Client will be obligated to pay Lawyer the
reasonable value of any services Lawyer may have performed for Client.
THF PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS
OF THE JATE LAWVERFIRSTPROVIDED SERVICES. IF MORE THAN ONE CLIENT S.GNS BELOW,
^Ch^ AGREESTOBETuABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONSI UNDER THIS
AGREEMENT. THE CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
Lake Estates HOA
DATED: August 1 3. 2009 /s/Lvdia H McEvov
Lydia H McEvoy, Attorney at Law