Intro
Service normally begins only once two things happen:
SRL has informed the Client (or other person hiring SRL) about the essential Terms, including the basis or rate of the fee; and
The Client (or other person paying SRL) has paid the fee.
Note
Both of these things often happen at about the same time. The Client calls us. SRL quotes the case over the phone. The Client pays SRL on the spot. And off we go! Other times SRL will send the Client a payment link, and the Client will pay that way.
Terms form (and no prior form)
Ideally, SRL will send something in writing with the essential Terms, such as a text or an email, before the payment. Or they will be included with a payment link or provided a short time after. If that does not happen, the Client should ask for it. S/he can do that by emailing Steve Rice. His email address is sr@stevericelaw.com.
The essential Terms are not the only Terms, of course. What you are reading right now are other Terms. The other Terms in this article, as well as in other relevant articles, are incorporated by reference in the Terms form.
SRL has a policy of communicating the completed Terms form before or within a reasonable time after the representation has begun or other services (e.g., evaluation, consultation) have been provided. Again, if that does not happen, the Client should ask for it.
Note
The Terms form contains the basics (which include a bit more information than the essential terms) and the details. The details cross-reference the boilerplate terms in this Self Help Center. Such terms are available here 24/7.
The rule
In any case, as a rule, the Terms as a whole are effective the date the Client makes payment in full or pursuant to a payment plan SRL agrees to in writing, as long as SRL has informed the Client (or other person hiring SRL) about the essential terms, orally or in writing.
Note
SRL does not usually work for free and never works without an agreement on the essential Terms. The Client should not pay us unless s/he and SRL have a meeting of the minds. If no writing was provided by SRL, it is inadvertent. SRL will rely on call notes, Client input, and other information to determine whether the essential Terms were communicated.
The exception
Occasionally, SRL may begin work before getting paid. When that happens, there is an exception. The Terms are effective beginning once any work has occurred, again, as long as SRL has informed the Client (or other person hiring SRL) about the essential terms, orally or in writing.
Prior terms form
The rule
If there was a prior Terms form, though, the effective date of the terms on a new Terms form proposing a new flat fee will be backdated so that the forms with a flat fee form an unbroken chain, even if that means the chain has overlapping parts.
More particularly, the effective date will be backdated to:
The date standard services under the prior Terms were completed; or
For example
Let’s say a prior Terms form includes as events arraignment and plea day. Then, after plea day, SRL litigates a motion to suppress. Then the Client decides to go to trial. SRL may or may not hold off on presenting a new Terms form until after the motion is resolved but before trial. If SRL does hold off, the new Terms will be backdated to the end of plea day.
The date standard services under the prior Terms were unable to be completed due to a gap in service.
For example
Let’s say a prior Terms form includes as events plea day and sentencing. Then, after plea day, the Client decides to go to trial. SRL will present the Client with a new Terms form for trial. There will be a gap in service because sentencing will not occur before trial. In this situation, the new Terms will be backdated to the end of plea day.
The exception
That would not be the case, however, if:
The new Terms form or other writing says otherwise (e.g., the Terms form says the motion is not included); or
The Client has already been billed and paid for the services at issue as non-standard services.
Benefits
The benefits of this approach include:
The Client does not have to worry that s/he is going to get hit with a bill later for non-standard services (if, e.g., there was a gap in service under one or more Terms forms); and
SRL can focus on the representation and does not have to deal with the administrative burden of tracking and/or calculating the extra time and billing for it.
Note
If the Client fails to make timely payment for services, SRL may assume that burden and bill for it.