Reimbursement of Expenses Advanced

Client agrees to reimburse Attorneys for expenses incurred on Client’s behalf. Expenses charged by Attorneys in addition to Attorneys’ hourly fees include photocopying, long distance telephone calls, facsimile transmissions and receptions, postage, parking fees, mileage, delivery, and other similar charges, as well as filing fees, deposition charges, costs for the services and/or testimony of expert witnesses (such as psychologists, social workers, accountants, and appraisers), and investigator expenses. Attorneys agree not to obligate Client for any large expense without Client’s prior approval. However, with respect to potentially large expenses, such as the cost of depositions and expert, consultant or other professional fees incurred on Client’s behalf, these expenses will either be deducted from the money on deposit in Client’s retainer account or will be paid directly by Client immediately upon receipt of the provider’s statement for these services if the retainer account balance or flat fee payment is insufficient for the payment of such costs.

Mediation Fees

In the event the matter is mediated, Attorneys will require Client to pay the mediator’s fees to Attorney’s in advance of the mediation. This payment of the mediator’s fees is in addition to the expenses paid by Attorneys out of the retainer referenced in the preceding paragraph. Client, upon prior arrangement with Attorney’s, may pay the mediator’s fees directly to the mediator prior to the commencement of the mediation. However, the mediator’s fees are required to be paid by the mediator before the mediation commences.

Replenishment of Retainer

Client understands and agrees that if the amount of Client’s retainer should fall below fifty percent (50%) of its original amount at any time, Client agrees to pay an additional retainer within seven (7) days of notice of the reduced retainer in an amount sufficient to replenish the initial retainer to one hundred (100%) of its original amount. Client should also understand that Attorneys will require that Client’s retainer with Attorneys to be 100% “replenished” in accordance with this paragraph prior to mediation. If trial of the case is necessary, Client must understand that the retainer will have to be increased to support at least two full days of jury or bench trial attorney fees or $7,000.00 Dollars. If you fail to promptly refresh the retainer account per the above paragraph, we will cease all work not required by law or ethical requirements. We will not provide services while there is insufficient money in the retainer account to cover the cost of the work being done. If the problem is not resolved within 30 days, we will withdraw from this representation agreement. Any unused retainer or unused subsequent replenishment will be refunded to Client upon conclusion of Client’s case. (Client may elect to pay Client’s bill when received by Zelle or by signing the credit card provisions contained at the end of this contract.). Client’s failure or inability to pay Attorneys’ retainer fees and/or expenses as herein provided shall operate as a condition subsequent and may allow Attorneys to withdraw from Client’s representation. Unless some other agreement has been reached between Client and Attorneys, any balance due Attorneys at the conclusion of Client’s case shall be payable prior to the final hearing in this matter. Attorneys will send Client a statement each month in which Attorneys have incurred expenses or performed services on behalf of Client. Questions arising from Attorneys’ monthly statement must be brought to Attorneys’ attention within twenty (20) days of Client’s receipt of Attorneys’ statement. It is understood that all sums due and payable pursuant to this agreement shall be payable by Client to Attorneys at 25211 Grogans Mill Rd, Suite 110, The Woodlands, Texas, 77380 which will include all charges for professional services rendered, together with all costs of court and expenses reasonably and necessarily incurred in Attorneys’ representation of Client. Client understands that Client must pay Attorneys’ fees whether or not Attorneys are able to resolve Client’s legal affairs to Client’s satisfaction.

Attorney’s Fees and Judgments

Client realizes that Client is primarily responsible for the payment of the attorney’s fees and expenses. In the event the Court should award attorney’s fees, the amount awarded by the Court does not limit the amount Client owes and/or may still owe Attorneys. Further, in the event the Court awards a judgment for attorney’s fees, the difference between the amount of the judgment awarded and actually received/collected as a result of that judgment and the amount of the attorney’s fees incurred by and owed to Attorneys by Client shall be paid by Client to Attorneys. In the event Client has already paid Attorneys all of the attorney’s fees owed to Attorneys, any monies Attorneys should receive as a result of a judgment for attorney’s fees against the opposing party shall be paid to Client. The scope of this Employment Contract and the attorney’s fees involved herein does not cover the collection of any judgment for attorney’s fees awarded by the Court against the opposing party. Client realizes that Client will have to make additional arrangements for the payment of attorney’s fees for the collection of a money judgment against the opposing party. Client further realizes that, in the event Client paid Attorneys in full, Attorneys will assign to Client any judgment for attorney’s fees awarded by the Court to them.

Property and Financial Advice

Client understands that Attorneys will not give any advice on the value of any property. If the client does not know the value of an asset, the client should seek an appraisal. Client understands that Attorneys will not give any financial advice of any type or nature. Client understands and agrees that any discussion of property values and/or financial matters as they may relate to Client’s case are for discussion of the presentation of Client’s case and are not intended to be relied upon by Client other than in the context of Attorneys representation of Client and for no other purpose.

Attorney’s Lien

In further consideration of Attorneys’ agreement to represent Client in the referenced legal matter, Client has agreed to and does hereby assign to Attorneys a lien against any and all sums of money coming into Client’s and/or Attorneys’ hands to which Client is or may become entitled related to and/or arising out of Attorneys’ representation of Client in the matter made the subject of this employment agreement, but then only to the extent of all unpaid Attorneys’ fees and expenses hereby contracted by Client. By signing this agreement, Client additionally hereby appoints Attorneys as Client’s attorney-in-fact with the specific power to negotiate cash and/or give receipt for any amounts paid to Client related to and/or arising out of Attorneys’ representation of Client in the matter made the subject of this employment agreement. Any money owed to Attorneys by Client shall first be deducted from any money payable to Client as a result of the legal action for which legal services have been rendered by Attorneys.

Interest on Past Due Balances

Client understands that interest at a rate which will not exceed one and a half percent (1 1/2%) per month will automatically be charged on any and all previous balances due in excess of thirty days from the date of billing, which Client agrees to pay. Any interest charged, however, shall not exceed the maximum amount of nonserious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. Upon any acceleration or required or permitted prepayment, if applicable, any such excess interest shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the interest on any such unpaid balance.

Promissory Note

Upon completion of services, Client agrees that all sums due and owing for legal fees and expenses will be paid in full. In the event such sums are not paid in full, upon the request of Attorneys, Client agrees to sign a promissory note with Attorneys for all additional amounts owing. The promissory note shall be in the standard form of promissory note prepared and issued by the State Bar of Texas, shall provide for interest at a rate not to exceed eighteen percent (18%) per annum on all amounts owing and not paid under the note, and shall provide for a monthly payment schedule which shall cause the amount then owed Attorneys by Client to be paid in full no later than two (2) years of the date of the last bill sent by Attorneys to Client unless written approval of other arrangement is made with Attorneys.

No Guarantees on Results

Other than to provide reasonable and necessary legal services to the best of Attorneys’ ability, Attorneys make no representations, promises, or guarantees as to the outcome of the case for which Client has retained Attorneys, including whether costs or expenses incurred by Client will be reimbursed by the adverse party. Further, attorneys have made no estimate as to the total fee for Client’s legal services.

Attorneys Do Not Provide Tax Advice

Client acknowledges that Client has been advised by Attorneys that there may be certain tax consequences pertaining to any divorce decree and/or other order and/or settlement agreement reached that disposes of the matter in controversy; that Attorneys have not and will not furnish tax advice to Client regarding any matter for which Attorneys are retained by Client; and that Client has been directed and advised to obtain independent tax counsel prior to signing any judgment and/or other order and/or settlement agreement that may hereafter be prepared in finalizing some or all of Client’s claims made the subject of this Employment Agreement.

Appeals Excluded

Client agrees and understands that Attorneys have not been retained to represent Client in the appeal of any judgment which may be signed as a result of Attorneys’ representation of Client made the subject of this contract. Client further agrees and understands that Attorneys representation of Client in this matter, unless separately employed to handle the appeal of any such judgment, shall terminate following the entry of a judgment by the trial court and all wrap-up documents have been prepared. The preparation of a motion for new trial, if Client determines same to be necessary to preserve Client’s appellate rights, is not included in this contract. Client therefore agrees and understands that a separate employment agreement must be signed by Client and Attorneys before Attorneys will represent Client with respect to any such appeal.

Copies of Client’s File – Client’s Expense

In the event that Client discharges Attorneys and “requests their file” from Attorneys, any cost to provide Client with a copy of the file that has been created and/or maintained by Attorneys during the course of Attorneys’ representation of Client and/or the file materials created by Attorneys and/or coming into the possession of Attorneys during the normal course and scope of Attorneys’ representation of Client in this matter (“Client file”) shall be the sole cost of Client. Notwithstanding the foregoing, the cost of copying any original documents/exhibits provided to Attorneys by Client shall be that of Attorneys if Attorneys want to retain a copy of said original documents. All such original documents of Client shall be returned to Client upon Client’s request and/or as part of the delivery to Client of Attorneys’ “Client file.” Attorneys shall retain the right to require Client, upon Attorneys’ receipt of a request for a copy of Client’s file, to deliver the original of Attorney’s “Client file” to a copy service designated by Client, which copy service shall, at Client’s sole cost and expense, copy Attorney’s “Client file” and return the original of such file to Attorneys, while delivering the copy to Client.

Waiver of Jury Demand

Should any dispute arise regarding the terms or conditions of this Employment Agreement, including but not limited to the services rendered (including but not limited to any claims by Client against Attorneys for professional negligence, breach of fiduciary duty and/or legal malpractice), or the fees, costs, or expenses payable hereunder, all parties hereby agree that the matter shall be decided, nonjury, by a District Court of Harris County, Texas. In this regard, Client, and Attorneys each understand and agree that, by signing this agreement, each is waiving their right to have any such dispute decided by jury and will submit the matter to the decision of a judge alone, that is, without the additional advice of a jury. Thus, in signing this Employment Agreement, Client acknowledges that, as to a dispute arising from and/or related to the terms or conditions of this Employment Agreement, which specifically includes potential future claims addressed in this waiver of jury demand clause, (1) each party, including Client, is expressly waiving the right to a trial by jury on these matters; and, (2) before signing this Employment Agreement and thereby agreeing to be bound by the provisions of this clause, Client has the right to obtain legal advice from independent counsel if the provisions and ramifications of this clause are not fully understood, but has, with full understanding of this clause and its provisions, nevertheless agrees to its inclusion in this Employment Agreement and agrees to be bound thereby. The provisions of this clause are not in any way intended to prospectively limit Attorneys potential liability to Client, if any, but are only intended to specify the forum and/or manner in which redress of any such claims will be resolved.

Binding Arbitration Clause

In the event that the parties, in lieu of the nonjury trial specified in the preceding paragraph, desire to resolve any dispute regarding the terms or conditions of this Employment Agreement and should mutually agree that the dispute should be referred to binding arbitration in lieu of the litigation associated with a non-jury trial, then, in that event, the parties hereby agree that the arbitrator will be appointed by the then Presiding District Judge of Harris County, Texas. In the event of any such arbitration, the provisions of Chapter 171 of the Texas Civil Practice and Remedies Code shall govern any such arbitration proceedings to the extent the parties cannot otherwise agree. Client acknowledges that subject to the foregoing “Waiver of Jury Demand” provision, as to a dispute arising from and/or related to the terms or conditions of this Employment Agreement, which specifically includes potential future claims addressed in this binding arbitration clause, is agreeing to be bound by the provisions of this Binding Arbitration Clause. Client understands that Client has the right to obtain legal advice from independent counsel if the provisions and ramifications of this clause are not fully understood. The client, with full understanding of this Binding Arbitration Clause and its provisions, nevertheless agrees to its inclusion in this Employment Agreement and agrees to be bound thereby. The provisions of this clause are not in any way intended to prospectively limit Attorneys’ potential liability to Client, if any, but are only intended to specify the forum and/or manner in which redress of any such claims will be resolved.

General Provisions

Attorneys will keep Client informed of the progress of Client’s case. Attorneys will endeavor to send Client copies of all papers related to Client’s case coming into and going out of Attorneys’ office, including correspondence, pleadings, and other documents (save and except copies of emails). If the assigned attorney and/or their paralegal is not available when Client telephones, Attorneys will endeavor to have Client’s call returned as soon as possible by another member of Attorneys’ staff. All of Client’s communications with Attorneys are confidential. Confidentiality of Client’s communications with Attorneys also applies to all employees of Attorneys. Communications between Attorneys and Client about Client’s case are privileged. Candor and truth are important in the pursuit of the Client’s objectives. Only if Attorneys know all of the facts can Attorneys perform the services for which Client has hired Attorneys. However, some communications are not protected. For example, Texas Family Code §261.101 compels any professional (including Client’s attorney) to reveal information regarding child abuse if the professional, i.e., Attorneys, have cause to believe that a child has been abused or neglected or may be abused or neglected or that a child is the victim of an offense under Texas Penal Code §21.11. Attorneys will make every effort to expedite Client’s case promptly and efficiently according to the legal and ethical standards promulgated by the Supreme Court of Texas. Attorneys are bound by professional rules of conduct which require Attorneys to serve Client and the court honestly and faithfully. If Client insists that Attorneys break any of the disciplinary rules under which Attorneys practice law, insists upon presenting a claim or defense not warranted under existing law and which cannot be supported by a good faith argument for extension or reversal of such law, personally seeks to pursue an illegal course of conduct, insists that Attorneys take an action which is dishonest, insists upon the use of a witness who will not tell the truth, or by other conduct renders it unreasonably difficult for Attorneys to carry out Attorneys’ representation of Client, Attorneys must withdraw from representing Client.