I hereby employ ARNIE B.Â GRUSKIN, P.A., to act for me as my attorney for the purpose of:
Dissolution of Marriage - Services include a comprehensive telephone consultation with attorney Gruskin and ongoing email access to and advice from attorney, and preparation (and filing if client chooses no court option) of a Final Judgment of Dissolution of Marriage, Marital Settlement Agreement, Answer, Notice of Hearing and Notice of Related Cases, Civil Cover Sheet, Petition for Dissolution of Marriage, and if children, Child Support Guidelines Worksheet, and assistance with preparation of Parenting Plan and Child Custody Affidavit.
The attorney's Fee Agreement is as follows:
Total Attorney Fee For Divorce With No Children: $495.00 ($225.00 needed to Start)
Total Attorney Fee For Divorce With Children: $795.00 ($395.00 needed to Start)
This agreement does not include services for a contested divorce, or in person court appearance by Attorney for an uncontested divorce. (Court appearance by attorney for uncontested divorce is not necessary or available) The estimated 30 day period until final judgment of divorce begins to run from the time that all of the court documents are properly filed with the clerk of court.
Client pays all costs including but not limited to court filing fee. This fee does not include preparation of deeds, Bills of Sale, or preparation of Qualified Domestic Relations Orders, or other orders or documents for transfer, dividing, or distribution of interest in 401k's or other retirement or tax deferred accounts or military pensions, notification of military of entitlement to Survivor Benefits, or preparation of Income Withholding Orders or motions regarding support, or motions or other actions for deviation from the child support guidelines amount.
Client agrees that the attorney and client shall have one telephone conference wherein the attorney will gather all pertinent facts and information from client so that attorney may prepare the necessary documents for client, and answer client's questions. Client agrees that all further communication with attorney with regard to such things as additional client questions, or advising attorney of additional matters, shall be by email only with no further telephone consultations. (unless a matter is time critical- such as client is in court and needs to speak with attorney immediately)
Client agrees that no documents will be supplied to them until attorney is paid in full, and that documents will be provided to Client in 'PDF' format only. Client agrees to return all executed documents to Attorney in pdf format and in compliance with the guidelines that Attorney will furnish client. Client agrees to proofread all documents supplied by Attorney before submission to the Court.
I agree to pay attorney the fees as stated in this fee agreement. It is agreed that ARNIE B.Â GRUSKIN, P.A., may in its sole discretion withdraw from further services to the client if any bill for fees remains unpaid five (5) days after sending notice of such sum to the client. (whether bill is for fees incurred, to be incurred, or both)Â Objections to the amounts or hours or rates billed must be made in writing by the client within 7 days of the furnishing of the bill by the attorney, or said objections shall be deemed permanently waived.
Note: Any cost funds which the client has given the attorney which remain unspent when the attorney's services are completed, or because an anticipated cost does not arise or is deemed unnecessary in the sole discretion of the attorney, shall be used to pay any outstanding attorney's fees. (Any surplus will be returned to the client). Additionally, if client has paid any portion of attorney fee, or the retainer or costs, via credit card, and further attorney fees, or cost reimbursement are due Attorney, client hereby authorizes Attorney to bill client's credit card for said fees and cost reimbursement without need for notice to or authorization from client. Client agrees that all payment for services shall be by debit or credit card only and that furnishing of credit card information and execution of this fee agreement by client authorizes attorney to charge client's debit or credit card.
Client acknowledges and understands that if their case is filed in Collier County Florida, and subsequent to the divorce, issues arise which require further court action, that they may need to attend court in Collier County Florida to have those issues resolved.
Client understands and acknowledges that unless their matter will be heard in court in Miami-Dade, Broward or Palm Beach County, that the Attorney is not available to represent them in court on a contested matter and that client will have to retain other counsel,
Client represents that:
1) the parties to the marriage have reached a full, permanent agreement on all issues pertaining to client's divorce or paternity matter, including but not limited to child support and child visitation (timesharing) alimony, and division of property and debt, and that there are no outstanding issues for the Court or anyone to resolve, and that client's spouse will cooperate in the divorce process and complete, sign and furnish all necessary documents; or
2) That client wishes to make a written settlement proposal to spouse.
The retainer is not refundable either in whole or in part at any time for any reason. (including but not limited to the circumstance where client's spouse refuses to sign necessary documents or otherwise cooperate in the divorce process, or where client's spouse rejects client's settlement proposal.) The retainer in part compensates for work done before and after the date of this agreement.
Client further agrees that once Attorney prepares the settlement and other documents as requested by client, and thereafter changes, additions or deletions need to be made to said documents for reasons such as incorrect information given to attorney by client, or client is incorrect about what spouse will agree to, or spouse changes mind about previous agreement, or client changes mind about terms of settlement proposal, or decision of the parties to modify the terms of the agreement, that Attorney will not make said changes until he is compensated for the additional work required. (at his normal hourly rate of three hundred dollars per hour.) Client directs Attorney to prepare the settlement and other documents pursuant to the written questionnaire which client has filled out.
It is understood and agreed that if client chooses to have their case filed in their home county and to attend court, that client, not attorney, will file the case with the clerk of the court in their home county.
It is understood and agreed that if the attorney is not paid in full at the conclusion of the attorney's services, that he will have a right to collect from the proceeds of the client's case for his fees and expenses, and may place a charging lien on the client's case, proceeds of the case, anticipated proceeds, and any of the client's other real and/or personal property. The attorney may place a lien as aforesaid either before, during or after the conclusion of the case. Client agrees that the attorney shall become a secured creditor as of the date of this agreement in reference to any real or personal property upon which such a lien is placed. In addition to the foregoing method of collecting attorney's fees, the attorney shall have all other means at his disposal to collect his fee and costs expended: including but not limited to the filing of a lawsuit against the client.
Cooperation of the client in every matter touching on services to client is indispensable.Â Failure to cooperate is a further ground for ARNIE B.Â GRUSKIN, P.A., to withdraw from further services.
I agree that associate counsel may be employed by and at the discretion and expense of ARNIE B.Â GRUSKIN, P.A., or any of its attorney's, and any attorney so employed is authorized to perform services for me in this matter such as by preparing divorce documents.
I further agree that in addition to the herein stated attorney's fees, all State of Florida taxes and all court costs, and other outofpocket expenses directly incurred in this claim shall be paid by the client and that said taxes, expenses and court costs and attorney's fees may be deducted by the Attorney from the proceeds of any recovery.
It is further understood that no representation has been made as to the outcome of my case.Â It has been explained to me that the above agreement does not include additional services for an appeal.Â A new and separate agreement and retainer will be made if an appeal is in order.Â This contract does not obligate ARNIE B.Â GRUSKIN, P.A., to file any instrument toward appeal.
It is further agreed and understood that ARNIE B.Â GRUSKIN, P.A., has the right to cancel this contract after conducting an investigation by notifying the client in writing.
ARNIE B.Â GRUSKIN, P.A., shall be reimbursed by the client for any expenses which it incurs in recovering attorneys fees or other monies owed Attorney by the client.Â These reimbursable expenses include but are not limited to attorneys fees (such as any fees charged by any attorney who has been hired by ARNIE B.Â GRUSKIN, P.A., to collect attorneys fees or other monies under this contract, or, the reasonable value of ARNIE B.Â GRUSKIN, P.A.'S, services for collecting its fees or other monies under this contract). The client shall pay interest to Arnie B. Gruskin PA (at the statutory rate for money judgments) on the balance of attorney fees owed at the conclusion of services. (said interest to commence at the conclusion of services)
ARNIE B.Â GRUSKIN, P.A., reserves the right to its actual cost for copying and postage if applicable.
The fee is due immediately.
Client understands and agrees that this is a limited representation agreement:Client understands and agrees that the attorney is being retained solely to prepare necessary divorce or paternity documents for client. Client will however prepare a financial affidavit and custody jurisdiction act statement if necessary. Client acknowledges that they will receive advice from attorney during a telephone consultation with attorney on divorce topics.
Such advice may cause client to wish to renegotiate the terms of settlement with their spouse. In that event the attorney will refrain from drafting client's documents until client advises attorney of new terms of settlement if any.
Client agrees that in addition to all other provisions contained in this agreement regarding fees and retainers, that there shall be no refund in whole or in part of any sums paid attorney in events such as
1) Client fails to pay attorney fees when due
2) Spouse refuses to enter into agreement, cooperate with divorce process, or sign and furnish documents, or;
3) client has unsuccessfully attempted to reach a revised agreement with spouse based upon attorney's advice. (Even though attorney has not created documents for client) In this event, attorney's services shall be deemed terminated once thirty days has elapsed since the initial attorney-client telephone consultation. Client understands that in that event their remedy is to file a contested dissolution of marriage case in Court to seek relief and benefits such as those which their spouse will not agree to. Client understands that the attorney will not be representing them in Court and is not available to do so. It is further acknowledged that it is advisable that client check with the clerk of court, or clerk's office website, prior to going to the clerk's office, in order to determine if there are any local filing requirements that are different or additional to what Attorney has prepared.
Client acknowledges and understands that the attorney will not negotiate with anyone on behalf of client. (or communicate with spouse, spouse's attorney or agent, or review any documents created by spouse's attorney or anyone else) Client further agrees that the attorney will under no circumstance appear in Court with or on behalf of client. (Client agrees to advise any court upon inquiry that attorney was retained on a limited basis and that client agreed that attorney was not obligated to appear in court for or on behalf of client) Client understands that it is their responsibility to determine the local rules, and the filing and divorce process in their jurisdiction so that they may resolve their matter at a final hearing for dissolution of marriage by utilizing the documents created by attorney.
In this regard client understands that they client will have to do such things as local or other rules or the Court Clerk may require, such as set their matter for hearing (if client chooses to attend court hearing), publish their matter in the newspaper if spouse is missing, provide proof of residency as required by Statute, and prepare and/or record and file deeds (as well as the documents prepared by the attorney if client chooses to attend court hearing) Client understands that the herein stated attorney fee does not include the Court filing fee or other fees associated with their case. (such as publication fees in the event of a missing spouse) Client agrees that they are responsible for paying those fees and expenses to the court or other entities in addition to paying attorney fees. Client agrees that the attorney's services shall be deemed terminated once all documents required by this fee agreement are delivered to client. (or once client fails to pay any remaining attorney fee balance when due)
Client agrees that the attorney and client shall have one telephone conference wherein the attorney will gather all pertinent facts and information from client so that attorney may prepare the necessary documents for client, and answer client's questions. Client agrees that all further communication with attorney with regard to such things as additional client questions, or advising attorney of additional matters, shall be by email only with no further telephone consultations. Client further agrees that the attorney will not be making an independent investigation of client's matter or financial condition, and will be relying solely on information that client furnishes in order to prepare the divorce documents. The attorney will also not be investigating the assets, or value of assets, income or financial or other condition of the client or client's spouse. Nor will the attorney make any calculation or determination that the Agreement that client has come to with spouse is a fair or reasonable agreement. The attorney has no knowledge concerning the value of any assets that the parties may have. The attorney assumes that the client is aware of the value of the parties' assets. Client has informed attorney of 1) the existence of any pre or post nuptial or other agreements or instruments and 2) all facts that would have a bearing upon client's matter. (Such as the existence of any pre-existing Court orders involving the parties or subject children, or the existence of trusts associated with either spouse) The services required of Attorney pursuant to this Agreement do not include negotiating with client's spouse or spouse's attorney.
Upon delivery to Client of the aforesaid documents created by Attorney, Client agrees that Attorney's services and obligations shall be deemed completed and terminated with no further notice to client. Client agrees as to any request by Attorney for documents or information necessary to process client's case, that client will within ten (10) days of said request provide to Attorney the information and/or fully executed documents. Client understands and agrees that if they do not furnish said fully executed documents and/or information to Attorney within said time period, that Attorney may immediately terminate his services without notice to client.
Client agrees that any and all legal action, lawsuits or claims which they might bring, which arises directly or indirectly as a result of this contract, or as a result of Attorney's legal services, or action or inaction, shall be brought in the Seventeenth Judicial Circuit, Broward County, Florida only.
ENFORCEMENT OF RETAINER AGREEMENT - ARBITRATION
Any controversy or claim (including claims of malpractice) arising out of or relating to this Retainer Agreement or the breach thereof shall be settled by arbitration by the American Arbitration Association in accordance with the Association's Commercial Arbitration Rules and Chapter 682, Florida Statutes. (except that the matter shall be arbitrated in Broward County Florida only) The arbitrator's award shall be binding, final and conclusive and judgment award rendered by the arbitrators shall be entered only in the circuit court (or county court as appropriate) of the Seventeenth Judicial Circuit in and for the State of Florida. Both parties irrevocably waive trial by jury in regard to any lawsuit arising from your and our professional relationship or arising out of or relating to this Retainer Agreement.
I have read and understood the terms of the contract and will abide by them.I understand that an attorney will not begin working on my case until the retainer is paid, if this agreement calls for one. I further acknowledge that there are no other agreements between the parties to this contract on the matters involved herein beside those agreements indicated in this contract, and that there were no representations made to the client about those matters, aside from those contained in this agreement, which have induced client into signing this agreement.
ARNIE B. GRUSKIN P.A.