If, for whatever reason, a Terms form asking for payment of a flat fee is not timely paid or is challenged as, or held to be, invalid, the form will be treated as a demand to pay immediately a retainer in an amount equal to 1.5 times the amount of the flat fee on the form, in addition to any other retainer demanded on the form.
Note
If a flat fee is not timely paid, there is no agreement to provide standard services for such fee. Rather, the hourly fee schedule for non-standard services will govern. There is a reason for the multiple (i.e., 1.5). Flat fees for standard services are capped in part due to the efficiency of providing such services. Retainers for non-standard services are not capped in part because such services are less efficient to provide.