TEXAS UNCONTESTED DIVORCE SALE

UNCONTESTED DIVORCE SALE TERMS OF SERVICE RETAINER AGREEMENT

PARTIES TO AGREEMENT

This Legal Services Agreement is entered into between Client and THE LAW OFFICE OF BRYAN FAGAN, PLLC (“Firm”).

WHEN AGREEMENT TAKES EFFECT

This Retainer Agreement does not take effect, and Firm has no obligation to provide legal services to Client until Client agrees to the Terms of Service Retainer Agreement and Client pays the required fee.

SERVICE(S) TO BE PROVIDED

The Firm shall provide legal services for an Uncontested Divorce.

FLAT FEE & BILLING

Firm will charge, and Client agrees to pay, of the following fees for the Uncontested Divorce Sale:

• $1000.00 for the Attorney fee for the Original Petition for Divorce, Agreed Final Divorce Decree, BVS form.
• $50.00 for the Online Notary Fee for Waiver of Service
• $400.00 for the District Clerk filing fee

Total: $1,450.00

If the divorce includes child support, then an Income Wage Withholding Order will be provided without an additional fee. THE ATTORNEY FEE SHALL BE DEEMED EARNED UPON CLIENT RECEIVING THE INTAKE QUESTIONNAIRE LINK SUBMITTED BY EMAIL OR ON THE PAYMENT RECEIPT. Firm provides additional fees for the following: Qualified Domestic Relationships Order, Certified Copies of final orders, Real Estate Documents, Modifications of final orders, Enforcements, Contested matters, Virtual assistance with Uncontested Divorce Sale Intake process, Additional online notary service beyond the initial Waiver of Service, and Additional clerk costs beyond the initial filing divorce filing fee. Firm reserves the right to add additional fee services by updating this Terms of Service Retainer Agreement on the Firm’s website without further notice to Client.

UNCONTESTED DIVORCE DEFINED

Uncontested divorce is defined as a divorce wherein the parties agree on child issues and property division. Uncontested divorce means the process will not require negotiating or mediating. An uncontested divorce requires both parties to sign the Agreed Final Decree of Divorce and all required closing documents. At any time an uncontested divorce becomes contested, then the Firm will follow up directly to negotiate continued legal services as a contested divorce.

THE FIRM REPRESENTS THE PETITIONER

Firm shall always represent the Petitioner and not the other party. If the parties are in an agreement with the Uncontested Divorce Sale, then the Firm will facilitate obtaining all signatures from the parties.

NO GUARANTEE

It is unethical for the Firm to make promises or guarantees about the about the outcome of Client's matter. The Firm shall make a good faith effort to bring this matter to a satisfactory close.

CLIENT COOPERATION

Client at all times will cooperate with Firm so that Firm may provide legal services as efficiently and quickly as possible. Client at all times must provide Firm with accurate and complete information and keep Firm informed of changes in Client's email address.

MARKETING COMMUNICATIONS CONSENT

By filling out this Intake questionnaire and using the services of Firm you expressly consent to receive marketing communications from the Law Office of Bryan Fagan, PLLC via phone calls, text messages, and emails. These communications may include updates, promotional offers, and invitations to future services or events. You have the right to opt out of receiving such communications at any time by following the opt-out instructions provided in each message or by contacting us directly.

TERMINATION AND REMEDIES

Either party may terminate this agreement upon reasonable notice to the other party. AT THE TIME OF TERMINATION, ALL EARNED ATTORNEY FEES ARE NOT REFUNDABLE. If Client’s case becomes a contested divorce and Client does not further retain Firm for a contested divorce, then all filings will remain active with the District Clerk until Client retains another Attorney or until the Court dismisses the case for inactivity. Firm shall be entitled to recover all earned Attorney fees and costs. If necessary, said reasonable collection fees, attorney fees, and costs may be recovered in a separate legal proceeding, in which case the provisions of this paragraph shall also apply to said separate proceeding/ The term " a separate legal proceeding" includes, but is not necessarily limited to, the filing of a claim for relief; delivering and negotiating a demand for performance; or proceeding by garnishment, execution, or otherwise to collect or enforce this agreement or any security document pertaining thereto. Client hereby grants Firm a lien against any sums held for Client in attorneys' trust account, against any money or property (including land) received by Client or money judgments entered in Client's favor in this or any other legal proceeding. The lien will be removed only when Client's bill is paid in full. Client specifically authorizes attorneys to receive any said funds or property and to pay to itself all Attorney fees and costs from said funds and property before releasing the balance to Client.

SEVERABILITY

The provisions in this Terms of Service Retainer Agreement are severable i.e., if any provision or provisions are found to be void or unenforceable the remaining provisions still apply. This Terms of Service Retainer Agreement constitutes the sole and only Terms of Service Retainer Agreement by and between the parties. It supersedes any prior understandings or written or oral agreements between the parties concerning the subject matter discussed in this agreement.

TEXAS LAW GOVERNS

Texas law will govern this Terms of Service Retainer Agreement. Client has read this Terms of Service Retainer Agreement, has received a copy of it, and agrees to all terms and conditions as stated. There are no verbal agreements between Client, Lawyer, or Firm modifying, amending, or expanding the terms of this Agreement.

CLIENT HAS CAREFULLY READ THIS ENTIRE UNCONTESTED DIVORCE SALE TERM OF SERVICES RETAINER AGREEMENT AND UNDERSTANDS ALL THE TERMS AND CONDITIONS, AND OBLIGATIONS CONTAINED HEREIN, AND AGREES TO BE BOUND THEREBY.

The Texas Lawyer’s Creed, A Mandate for Professionalism

I am a lawyer. I am entrusted by the People of Texas to preserve and improve our legal system. I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding the violation of laws and rules. I am committed to this Creed for no other reason than it is right.

I. Our Legal System

A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer should always adhere to the highest principles of professionalism.

I am passionately proud of my profession. Therefore, “My word is my bond.”

1. I am responsible to assure that all persons have access to competent representation regardless of wealth or position in life.
2. I commit myself to an adequate and effective pro bono program.
3. I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of this Creed.
4. I will always be conscious of my duty to the judicial system.

II. Lawyer To Client

A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate legal means to protect and advance the client’s legitimate rights, claims, and objectives. A lawyer shall not be deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by mere self-interest.

1. I will advise my client of the contents of this creed when undertaking representation.
2. I will endeavor to achieve my client’s lawful objectives in legal transactions and in litigation
   as quickly and economically as possible.
3. I will be loyal and committed to my client’s lawful objectives, but I will not permit that loyalty and commitment to interfere with my duty to provide objective and independent advice.
4. I will advise my client that civility and courtesy are expected and are not a sign of weakness.
5. I will advise my client of proper and expected behavior.
6. I will treat adverse parties and witnesses with fairness and due consideration. A client has no right to demand that I abuse anyone or indulge in any offensive conduct.
7. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.
8. I will advise my client that we will not pursue tactics which are intended primarily for delay.
9. I will advise my client that we will not pursue any course of action which is without merit.
10. I will advise my client that I reserve the right to determine whether to grant accommodations to opposing counsel in all matters that do not adversely affect my client’s lawful objectives. A client has no right to instruct me to refuse reasonable requests made by other counsel.
11. I will advise my client regarding the availability of mediation, arbitration, and other alternative methods of resolving and settling disputes.

III. Lawyer To Lawyer

A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation, courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings. Ill feelings between clients shall not influence a lawyer’s conduct, attitude, or demeanor toward opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other unprofessional conduct.

1. I will be courteous, civil, and prompt in oral and written communications.
2. I will not quarrel over matters of form or style, but I will concentrate on matters of substance.
3. I will identify for other counsel or parties all changes I have made in documents submitted for review.
4. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not include provisions which have not been agreed upon or omit provisions which are necessary to reflect the agreement of the parties.
5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as practicable, when hearings, depositions, meetings, conferences or closings are cancelled.
6. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided legitimate objectives of my client will not be adversely affected.
7. I will not serve motions or pleadings in any manner that unfairly limits another party’s opportunity to respond.
8. I will attempt to resolve by agreement my objections to matters contained in pleadings and discovery requests and responses.
9. I can disagree without being disagreeable. I recognize that effective representation does not require antagonistic or obnoxious behavior. I will neither encourage nor knowingly permit my client or anyone under my control to do anything which would be unethical or improper if done by me.
10. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of opposing counsel.
11. I will not take advantage, by causing any default or dismissal to be rendered, when I know the identity of an opposing counsel, without first inquiring about that counsel’s intention to proceed.
12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or contemporaneously with submission to the Court. I will promptly approve the form of orders which accurately reflect the substance of the rulings of the Court.
13. I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or copies of correspondence.
14. I will not arbitrarily schedule a deposition, Court appearance, or hearing until a good faith effort has been made to schedule it by agreement.
15. I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.
16. I will refrain from excessive and abusive discovery.
17. I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions which are reasonably understandable. I will neither encourage nor permit my witness to quibble about words where their meaning is reasonably clear.
18. I will not seek Court intervention to obtain discovery which is clearly improper and not discoverable.
19. I will not seek sanctions or disqualification unless it is necessary for protection of my client’s lawful objectives or is fully justified by the circumstances.

IV. Lawyer And Judge

Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust and improper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and independence of the Court and the profession.

I will always recognize that the position of judge is the symbol of both the judicial system and administration of justice. I will refrain from conduct that degrades this symbol.

I will conduct myself in Court in a professional manner and demonstrate my respect for the Court and the law.

I will treat counsel, opposing parties, the Court, and members of the Court staff with courtesy and civility.

1. I will be punctual.
2. I will not engage in any conduct which offends the dignity and decorum of proceedings.

I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain an advantage.

I will respect the rulings of the Court.

1. I will give the issues in controversy deliberate, impartial and studied analysis and consideration.
2. I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel in efforts to administer justice and resolve disputes.