Peace of Mind is Priceless

LAW OFFICE OF DAVID BARLAVI
David Barlavi, Esq.

 

WelcomeTrusts, Estates, TaxesBusiness FormationCharitable PlanningGeneral Practice


GENERAL LAW PRACTICE

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We can also assist you with the following legal matters:

Probate, Conservatorships, Guardianships
(see Estates tab)
    - Probate: 4% of first $100K; 3% of next $100K; 2% of next $800K; 1% of next $9M
    - Conservatorship: $5,500 (add $1,000 for urgent Orders - w/i 30 days)
    - Guarshianship: $3,500 (add $1,000 for urgent Orders - w/i 30 days)
 
Personal Injury ("Accident") Claims

"Lemon Law" and other Automobile Related Issues.
 
Real Estate Transactions (Purchases/Sales, Loans, Foreclosures, etc.)
 
Asset Protection (consultation & proposal: $750)
 
Contracts: Drafting and Disputes

Contract/Document Review & Analyze (Greater of $750 or $80/page)

 
Bankruptcy:   (prices include $300-$500 consultation fees) - discounts not applicable
    - Chapter 7:  $2,000 up to $100,000 debt and 15 creditors
                        $4,000 if over $100,000 debt or 15 creditors
    - Chapter 13: $4,250
    - Additional charges apply for complex or business filings.
    - Installment payments available
    - Loan Modification w/ BK: $2,750  [$4,750 w/o BK]
   ** We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
 
Loan Modification: - discounts not applicable
    - With Bankruptcy: $2,750 
    - W/o Bankruptcy: $4,750
    - Add $2,000 for properties valued over $1.5M
    - Installment & credit card payments available (discounts not applicable)
 
Tax Deficiencies and Audits

Tax Relief Offer & Compromises:
    - Personal: $3,500 + $1,500 each additional entity filed simultaneously;
    - Business: $5,500 + $2,500 each additional entity filed simultaneously.

Tax Installment Plans (Release of Garnishments)
    - Non-financial disclosure installment plans:
          - Personal: $500 per entity.
          - Business: $750 per entity.
    -
Financial disclosure installment plans:
          - Personal: $1,750 (+$500 per additional entity).
          - Business: $3,000 (+$750 per additional entity)
   - With Garnishments/Levies: add $500 per entity.

Tax Preparation (please contact a CPA for lower rates)
    - Personal tax returns for last 3 years:
          - Estates < $1M and Gross Income < $100K:
                = $550 federal; $550 CA; $900 combined.
          - Estates > $1M or Gross Income > $100K:
                = $850 federal; $850 CA; $1,500 combined.
    - Non-CA state returns: add 20%
    - Unorganized or Uncategorized statements/receipts: add 30%
    - Tax returns from 4+ years ago: add 30%
    - Tax returns for deceased t/p: add 30%
    - Business tax returns: add 50%
    - Amended tax returns: add 50%
    - If retained in February: add 25%
    - If retained in March: add 50%

Family Law:
- discounts not applicable
    - Divorce: $3,500 per $1M estate value.
    - Child Custody/Visitation/Support: +$1,500 per child ($3,000 per non-biological child).
    - Qualified Retirement Plans (QDRO): +$2,000 per QDRO.
    - History of Abuse/Violence: +$1,500.
    - Alimony: +$500 ($2,500 if other spouse is self-employed)
 
Restraining Orders (RO): - discounts not applicable
    - Standard RO (within 20 days): $2,500.
    - Immediate RO (TRO): $3,000.
    - Add $500 per child needing protection from a parent.

Domestic Partnerships (Civil Union) ($350)

Immigration

Alternative Dispute Resolution: $500 Consultation +
    - Mediator (Neutral):
$1,250 PER PARTY for first 3 hour session, ($200/hour thereafter); [discounts do not apply]
    - Mediation Representation:
$1,000 for first 3 hour session
($500 telephonically), ($200/hour thereafter);
    - Arbitration Representation: $1,500 for first 3 hour session, ($200/hour thereafter);.

Credit Report Clean-up:
$1,200
 
DWI (DUI): - discounts not applicable
    - 1st non-trial (plea) offense: $2,000
    - 2nd non-trial (plea) offense: $3,500
    - Trial (not-guilty plea): +$2,500
    - Professional Designation in Jeopardy: +$500


Contact us regarding your General Legal Issue(s).



3 FLAT FEE DISCOUNTS (applicable to services over $750)
20% to existing clients ($1,000+), seniors (65+), and low income families (1.5 x poverty), veterans, and
employees of progressive non-profits;
30% to attorneys,
public school teachers, and active military, fire & police personnel;
40% to family and veterans of wars.


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Below is a copy of our ATTORNEY-CLIENT FEE AGREEMENT for your review.

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1. Conflict of Interest
2. Attorney-Client Privilege
3. Rates and Retainers
4. Flat Fee Arrangements
5. Contingency Fee Arrangements
6. Costs and Standard Charges
7. Appeals and Participation in Future Proceedings
8. Attorney’s Lien (civil actions)
9. Fee Splitting with other Attorneys
10. Cancellation of this Agreement
11. Errors and Omissions Insurance
12. Mediation and Arbitration of Disputes
13. Estimated Completion Date
14. No Promises or Guarantees
15. Agreement Entirety and Invalidity



This letter states the understanding between you, the Client(s), and me (us), the Attorney(s), for legal services you want performed by me (us) with regard to the following legal issues:

You play an important role in the outcome of your case in that (1) your promptness in making decisions, (2) your promptness in responding to requests and (3) your attention to accuracy in providing information and documentation are necessary in properly assisting you with your case.

1. Conflict of Interest

By initialing here, you recognize that I have advised you to first seek the counsel of an independent attorney regarding my representing you under this agreement and that you have waived and/or delayed this option in order for me to proceed with your case. Please note that if conflicts of interest arise between spouses and/or family, each individual should seek independent counsel to protect his/her rights.

2. Attorney-Client Privilege

To maintain the confidentiality of your case, it is crucial that you not discuss the facts of your case with any person other than your attorney or his/her designated associates.
However, although your case is protected by attorney-client confidentiality, please be advised that, as a matter of practice, we do NOT consider any information to be confidential between married spouses, except in those rare instances where interspousal privacy is essential to the nature of our representation.

3. Flat Fee Arrangements

My general billing practice is to collect a flat fee for legal services. If this agreement is for services rendered for a flat fee amount, the only charges you are responsible for is a flat fee of $X.XX (plus $Y.YY additional fee for *** services.).
However, if this flat fee arrangement is cancelled by either you or me (see 10 below), my regular hourly rates will apply to the accumulated amount of time spent on your case, including time spent on administration, communication, travel, etc., not to exceed the flat fee amount.

Flat fee deposits are due upon the execution of this agreement.

4. Rates and Retainers Initial retainer collected: $______________

A less common billing practice for legal services is to obtain a retainer, the amount of which depends on the individual circumstances of your case, and to bill for my time on an hourly basis.
My regular hourly rate is $350.00 per hour and I charge in ten (10) minute increments of time.
All time spent on your case will be billed to your retainer balance. I can only estimate, and cannot guarantee the final cost of your case. You will be notified if additional retainers become necessary. After the conclusion of your case, any unbilled retainer balance will be returned to you promptly.
If it becomes necessary to use the services of a non-attorney professional in the furtherance of your case, you will be billed at that professional’s published rates, not to exceed $180.00 per hour.

Retainer amounts are due upon the execution of this agreement.

5. Contingency Fee Arrangements

If this agreement is for services rendered under a contingency basis, the contingency schedule is:
A) In the event I am able to obtain a money settlement relating to your case prior to filing a lawsuit, my fee shall be 33.3% of the total monies received from said settlement.
B) In the event I am required to file a lawsuit, and then am able to obtain a money settlement, judgment, award, or otherwise secure payment of damages relating to your case, my fee shall be 40% of the total monies received from said proceeds.
C) The proceeds of any settlement, compromise, judgment, award, or other payment relating
to your claim shall be paid as follows: First, my fees, as set forth above, shall be deducted. Next, I shall be reimbursed for any costs and expenses incurred relating to my representing you under this agreement. Next, I shall pay any liens relating to your case, which you have agreed to pay by the signing of a lien agreement. The remaining funds shall be disbursed to you.

_______ The premium for “urgent” legal services requiring immediate attention is an additional 1/3 (+33.33%) of the above rates. “Urgent” services are those which must commence within ten (10) days of the date of this agreement, and/or must be provided after 8:00 p.m., or on weekends or holidays.

6. Costs and Standard Charges

You agree to pay directly for any out of pocket costs and expenses incurred by me in connection with services rendered under this agreement and to reimburse me for costs or expenses that I elect to advance to you. These charges include, but are not limited to, telephone, shipping, copying, postage, filing fees, travel expenses, etc. These charges shall be those necessary, standard and customary in the legal profession. (Note that these charges are included in strictly flat fee arrangements.)

7. Appeals and Participation in Future Proceedings

This agreement does not cover representations on appeal or proceedings after judgment. However, if in the rare instance that I am obligated to participate, give testimony or produce documents in any legal or administrative proceedings related to your case, which falls outside the customary and reasonable scope of services expected under this agreement, whether before or after my duties under this agreement have terminated, you agree to pay me, at a rate of $400.00 per hour, for participating and/or producing documents, and for all expenses incurred in connection with said proceedings.

8. Attorney’s Lien (civil actions)

You agree to grant me, your attorney, a lien on any and all claims or causes of action that are the subject of the representation under this agreement. The lien will be for any sums owed to me at the conclusion of services performed under this agreement. The lien will attach to any recovery client may obtain, whether through mediation, arbitration, award, judgment, settlement or otherwise.

9. Fee Splitting with other Attorneys

As required by California law, this is my disclosure to you that I will be splitting legal fees collected in your case with the following attorneys:

10. Cancellation of this Agreement

Either you or I may cancel this agreement and relinquish our obligations and responsibilities under the terms of this agreement at any time, pursuant to California law, and timely and satisfactory notice of such cancellation shall be given to the other party.

Upon cancellation of this agreement by you or me prior to the completion of my work:
A) all of my accrued attorney’s fees and costs for services performed become due;
B) flat fee agreements revert to my hourly fee schedule for services performed, limited to the flat fee amount;
C) contingency fee arrangements revert to my hourly fee schedule for services performed; and
D) any discounts or rate reductions afforded to you under this agreement may be rescinded.

11. Errors and Omissions Insurance

As required by California law, this is my disclosure to you that I do not maintain errors and omissions insurance (a.k.a., professional liability insurance) covering the legal services rendered in the performance of this or any other legal engagement agreement.


12. Mandatory Mediation and Binding Arbitration of Disputes

I do not anticipate any irreconcilable disputes to arise between us during my representation of you. My goal is the zealous representation and maximum satisfaction of my clients in order to maintain a trusting and fulfilling life long relationship with you.

However, if a dispute or claim does arise under this agreement with respect to legal services performed, or fees or costs incurred, you and I agree that such disputes shall first be submitted for resolution through private mediation pursuant to the procedures of the Los Angeles County Bar Association, or should that organization decline to mediate the dispute, then before the State Bar of California or other competent neutral, and pursuant to California law including Business and Professions Code, Code of Civil Procedure and Evidence Code. The costs and expenses of mediation shall be shared equally by all parties. However, parties shall pay for their own independent attorney.

To the extent disputes are not resolved through mediation, any remaining disputes shall then be submitted for private and binding arbitration pursuant to the procedures of the Los Angeles County Bar Association, or should that organization decline to arbitrate the dispute, then before the State Bar of California or other competent arbitrator, and pursuant to California law including Business and Professions Code, Code of Civil Procedure and Evidence Code. The costs and expenses of arbitration shall be paid by the losing party and the arbitrator shall have the power to order reimbursement of all expenses to the prevailing party, except parties shall pay for their own independent attorney.

Also, if my right to unpaid fees or costs is awarded by either of the above processes, there shall not be any offset to that award by any other claim against me.

THEREFORE:

A. YOU UNDERSTAND THAT ALL PARTIES TO THIS AGREEMENT HAVE WAIVED THEIR RIGHTS TO A JURY TRIAL AND TO ANY OTHER LITIGATION AND/OR COURT BASED REMEDIATION OF DISPUTES;

B. YOU UNDERSTAND THE BENEFITS AND DRAWBACKS OF MEDIATION AND ARBITRATION, ESPECIALLY IN COMPARISON TO COURT LITIGATION;

C. YOU UNDERSTAND THAT NO PARTY TO THIS AGREEMENT HAS THE RIGHT TO APPEAL OR DISPUTE THE ARBITRATOR’S DECISION OR AWARD.


13. Estimated Completion Date

Below is my best estimate of the anticipated completion date of your case. However, please keep in mind that it is not uncommon in the legal profession for anticipated dates of completion to be postponed due to unforeseen circumstances. If I expect any delays in the completion of your case, I will inform you of such changes and will appreciate your understanding.

14. No Promises or Guarantees

I have not made and cannot make any promises or guarantees about the outcome of your case.

15. Agreement Entirety and Invalidity

This document contains the entire agreement of the parties. No other agreement, statement, or promise made before or after the effective date of this agreement will be binding on the parties. Any future modification to this agreement must be in writing and signed by all the original parties. If any portion of this agreement is determined by a court or arbitrator to be invalid, the balance of the agreement shall be enforceable as if the invalid portion(s) did not appear.

If this agreement is acceptable to you, please sign and return a copy to me, along with your retainer check, at your earliest convenience. Please note that I cannot commence work on your case until a signed copy of this agreement has been received, and all requested retainers paid. I look forward to working together.

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This service is designed to provide accurate and authoritative information in regard to the subject matter covered. While the publisher has been diligent in attempting to provide accurate information, the accuracy of the information cannot be guaranteed. Laws and regulations change frequently, and are subject to differing legal interpretations. Accordingly, neither the publisher nor any distributor of this service shall be liable for any loss or damage caused or alleged to have been caused by the use of or reliance upon this service. Law Office of David Barlavi, P.O. Box 800638, Santa Clarita, CA 91380. Tel: (818) 886-5963.