AGREEMENT FOR LEGAL SERVICES [內文中 粗紅標示 為該段落要旨、粗黑標示 為我認為雙方應稍加注意之權利義務；為保護隱私，部分個資有修改]
This agreement is made and effective DATE, 2020, by and between Client, and Attorney. This is an amendment to a prior written agreement entered into by the parties on or about DATE, 2020. Unless a different Agreement is made in writing, this Agreement alone shall govern.
NOTICE: YOU ARE NOT REPRESENTED BY AN ATTORNEY UNTIL THIS AGREEMENT IS SIGNED BY YOU AND RECEIVED BY THIS OFFICE AND ANY RETAINER AMOUNTS PAID. LEGAL DEADLINES ARE NOT TOLLED DURING THIS PERIOD. [先前一切口頭書面約定與後來之委任、代理，將以此約之簽訂為準；本約，雙方皆無簽訂期限上的限制]
1. Claims Covered by Agreement.
Client retains Attorney to provide legal services in connection with a claim for harassment. Client retains Attorney for assistance with drafting a demand, any DFEH filing, mediation via DFEH and in negotiating with employer for damages or other appropriate relief against whomever is responsible for the injuries and loss suffered by Client arising out of client's employment with SMFCSD. This Agreement is Limited in Scope and Provides for the Limited Representation as Described in Paragraphs 1 and 2.
This Agreement does not cover other related claims that may arise and may require legal services. If such matters arise, separate agreements for legal services must be agreed to if Client wishes Attorney to handle such matters. Services in any matter not described above will require a separate written agreement. [後來之口頭、書面約定、委任、代理，將以另約簽訂為準；先埋下額外收費的梗]
2. Services to be Performed by Attorney.
Client retains Attorney to provide legal services in connection with a claim for harassment. Client retains Attorney for assistance with drafting a demand, any DFEH filing, mediation via DFEH and in negotiating with employer for damages or other appropriate relief against whomever is responsible for the injuries and loss suffered by Client arising out of Client's employment with SMFCSD. [定義本約定中所包括之法律服務範圍]
3. Services Not Covered by This Agreement.
Legal representation solely relates to the matters set forth above. Representation does not relate to hourly representation for the purposes of full litigation, including fling a civil complaint, discovery and/or trial. Representation also does not relate to filings in any other forum including Workers' Compensation, unless otherwise agreed to in a separate written agreement.
If additional services are necessary in connection with Client's claims, and Client requests Attorney to perform such services, additional fee arrangements must be made between Attorney and Client. Such services may be required, for example in the defense of any lawsuit, cross-complaint or other cross-demand filed against Client in connection with the above matter or otherwise. [額外收費情形]
4. No Guarantee As To Result.
Client acknowledges that Attorneys have made no guarantee as to the outcome in connection with Client's claims. [不保證穩贏]
5. Costs and Expenses.
Attorney is authorized to incur reasonable costs and expenses in performing legal services under this Agreement. Client agrees to pay for such costs and expenses in addition to the attorney's fees discussed below.
(a) Particular Costs and Expenses: The costs and expenses necessary in this case may include any or all of the following items. This list is not exclusive; other items may also be necessary. The rates shown are subject to change on prior written notice to Client.
i) fees to investigators
ii) fees to experts for consultation
iii) services of a professional mediator
iv) computer assisted legal research
v) mail, messenger and other delivery charges
In-office photocopying is charged at $.25 per page and color copying is charged at $.40 per page. Scanning is charged at $.25 per page.
(b) Client's Responsibilities Re Costs: Client agrees to pay these costs as incurred. [以上為律師額外必要開支產生之可能，委託人有支付義務]
6. Attorney's Fees.
Client understands that attorney's fees are not set by law and are negotiable between Attorney and Client, and Client understands and agrees to the rates and terms relating to fees and costs stated herein.
For Attorney's services, Client agrees to pay Attorney for attorney time billed on an hourly basis. Attorney is charging Client an hourly rate of $425 per hour. Attorney's Paralegal's rate is $300 per hour. Law Clerk's rate is $250.00 an hour. Rates are subject to change upon thirty (30) days written notice to Client. Attorney and
staff time will be charged in increments of 1/10 (.10) hour. Services rendered include, but are not limited to, telephone calls relating to your case (including calls to or from you, opposing counsel or court personnel), legal research, preparation and review of correspondence and documents, conferences and consultations with Client and others,
travel time, and preparation for meetings, and waiting time in the office if you are late to an appointment without prior notice to Attorney. Client agrees to pay a retainer of $15,000 in advance of such legal services set forth in this agreement. Client agrees to replenish the $15,000 retainer each time it is exhausted. Client acknowledges and agrees that failure to replenish the retainer within ten (10) days is a material breach of this Agreement, and attorney may then withdraw for good cause. At the conclusion of Attorney's representation of Client, Attorney will return any unearned portion of Client's retainer within 30 days. Attorney shall send Client periodic statements for fees, costs and expenses incurred. Client may request statements at intervals of no less than 30 (thirty) days. Upon Client's request Attorney shall provide a statement within 10 (ten) days. [收費怎麼算，務必細讀]
7. Effect of Withdrawal of Attorney.
Attorney may withdraw as counsel for Client for good cause. 'Good cause' shall include without limitation Client's failure to cooperate with Attorney, failure to be truthful to Attorney, failure to comply with this Agreement, failure to timely pay attorneys' fees and costs, or requesting that Attorney act in a manner that would violate the Rules of Professional Conduct of the State Bar of XXX. Such withdrawal shall not affect Client's obligation to reimburse Attorney for all costs and attorney's fees previously incurred, and such costs and fees will immediately become due and payable. [雙方同意解除委任與相關損失之賠償]
8. Effect of Discharge by Clients.
Client shall have the right to discharge Attorney at any time upon written notice to Attorney. Such discharge shall not affect Client's obligation to reimburse Attorney for the costs and attorney's fees incurred prior to discharge. [委託人單方解除委任與相關損失之賠償]
9. Interest on Past Due Account.
If any fees and costs bill is not paid within thirty (30) days of the date it was sent to Client, Attorney will be entitled to interest on the unpaid amount from the billing date forward at the rate of ten percent (10%) per annum. [逾期繳納費用之利息]
10. Association of Other Counsel And/or Experts.
The Attorneys may, with reasonable notice to the Client, employ other counsel to aid in this matter but not at rates in excess of Attorney's above-mentioned hourly rate without the Client's approval. The Attorneys may determine that retaining an expert consultant (such as a physician, psychiatrist or economist) is necessary or appropriate to the successful resolution of the Client's matter. On that event, they will advise the Client and seek approval. [委任律師有另諮詢他方專業之權利，委託人不得拒絕；然他方專業為相關法律行為時，須徵得委任律師同意]
11. File Retention.
After our legal representation concludes, the Attorneys will make available for pick-up or delivery upon Client's request, the file for this matter to the Client, along with any funds or property of the Client's in our possession. If the Client does not request the file in this matter, we will retain the file for a period of seven (7) years after the matter is closed. If the Client does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to the Client. After any point during the seven (7) year period, the Client may request to pick-up the file or arrange delivery. [委任律師於判決後七年內將替委託人保留追訴抗辯權；時效屆至將銷毀相關資料]
12. Preservation of Evidence.
The Client understands that there is a legal obligation to preserve all documents and other evidence potentially relevant to the Client's claims against the Employer. This includes all forms of hard-copy documents (such as notes, memos, letters, calendars, diaries, photographs, etc.) and electronically stored information (such as e-mails, text messages, instant messages, digital photographs, video recordings, audio recordings, voice-mail messages, social media postings, etc.). The Client agrees to preserve all such documents and evidence, and shall not discard, delete or destroy any documents or electronically stored information that relate to Client's employment with or claims against the Employer. The Client understand that the obligation to preserve evidence extends beyond documents and electronically stored information in the Client's care, possession or custody and includes evidence in the custody of others that is subject to the Client's direction and control. The Client agrees to notify any current or former agent, attorney or custodian in possession of potentially relevant evidence to preserve such evidence and further agrees to take reasonable steps to secure their compliance. [雙方皆有相關事證保全義務]
13. Attorney's Lien.
A lien acts as security for payment due to Attorney by Client. This lien could delay payments to Client until any disputes over the amount to be paid to Attorney are resolved. Client hereby grants Attorney a lien for any sums due and owing to Attorney for fees and costs at the conclusion of Attorney's services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise, in this matter. Client may seek the advice of an independent lawyer of the client's choice about this lien and this matter. By initialing this provision and signing this agreement Client acknowledges that it has been so advised and given a reasonable opportunity to seek that advice. Explained, Read and Approved: ________ (client's initials) [委託人不可積欠委任律師任何費用或債務，否則委任律師將對委託人之財產有 '扣押權'！此須委託人在此項後簽章再確認]
14. Client Duties.
Client agrees to be truthful with attorney, to cooperate, to keep Attorney informed of any information or developments which may come to Client's attention, to abide by this Agreement, and to keep Attorney advised of Client's address, telephone number and whereabouts. Client will assist Attorney in providing necessary information and
documents and will appear when necessary at any meetings. Client also understands and acknowledges that Attorney is not qualified to provide advice on any taxation issues or the effect of monetary recoveries (whether damages or attorneys' fees), if any, on SSI, SSDI, worker's compensation, or other benefits systems. Client is hereby advised to consult qualified tax advisors, tax attorneys, benefits counselors or other specialists regarding the taxation of any settlement, award or judgment or the effect of any settlement or judgment on taxes or on benefits eligibility. Client shall not rely on any statements made by Attorney regarding the taxation of any settlement, award or judgment or the effects of any monetary recovery on any benefits eligibility. [定性委託人之義務責任]
15. 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. [更改本約須雙方以書面為之]
16. Dispute Resolution.
Any dispute between Client and Attorney concerning this Agreement or its terms shall be first submitted to a mutually agreed upon mediator. In the event that any arbitration or action at law or in equity is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which the prevailing party may be entitled. The parties agree that this Agreement and the services performed pursuant to it shall be governed and enforced according to the applicable laws and the Rules of Professional Conduct for attorneys of the State of XXX, and that the venue of any action brought to interpret or enforce this Agreement shall be YYY, XXX. [雙方產生爭執時的解決途徑、適用法律準據、與調解或訴訟地點]
17. Client's Receipt of Agreement and Knowledge of Terms.
Client acknowledges that Client has read and fully understands all of the terms and conditions of this Agreement before signing it, and has received a copy of this Agreement upon execution thereof. Attorney has advised Client to consult independent legal counsel regarding the terms and conditions of this agreement before signing this agreement and has afforded sufficient time and opportunity to do so. Client has either consulted with one or more attorneys regarding the terms of this agreement, or after thoughtful reflection and ample opportunity to obtain such consultation, has knowingly and voluntarily chosen not to exercise this right. [雙方權利義務充分告知聲明 (須確認簽章)、免責聲明、重大過失排除聲明；其實都是一堆 '先小人' 的廢話]
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