What is included
When a Client hires SRL for representation, SRL will provide the Client with our standard services.
In providing such services, SRL will use ordinary steps, time, and effort. SRL will not use extraordinary measures.
Work
Our standard services are packaged to include:
One appearance for each event included in the fee on the relevant Terms form;
One consultation for each such event; and
One preparation for each such event.
Note
A purpose of the appearance is to be there with the Client and/or for the Client for the event in question (e.g., court).
A purpose of the consultation is to help make sure the Client is prepared for the event.
A purpose of the other preparation is to help make sure that SRL is prepared for the event.
Our standard services also include any activity other than an event that is included in the fee on the relevant Terms form.
But when an activity other than an event is included (e.g., discovery), no appearance is included except at the discretion of SRL. Moreover, a consultation and preparation related to the activity are included at the discretion of SRL.
Note
If an event is not listed, services for the event are also not included. If an activity is not listed, the activity may still be included if it is part of a package of services related to an event.
Uncontested only
If the services are “uncontested only,” that means standard services are limited to those that are relevant to representation that does not involve contesting the charges or any other issue of fact or law.
Due diligence
But even if the representation is “uncontested only,” SRL will still “fight” for the Client. In other words, SRL will act with due diligence and promptness. SRL will continue to argue, and if need be, contest, the interpretation of undisputed facts and law, in a light most favorable to the Client and the Client’s interests.
Availability
Our standard services include being available to do such work. They also include managing such availability.
For example
Not all cases present the occasion or call for an appearance, consultation, and preparation for every included event. In some cases, the Client may waive his right to appear for an event (e.g., preliminary hearing, arraignment). In some cases, the Court may deny the opportunity to appear for an event (e.g., by denying motion without hearing or argument). In some cases, the Client’s case is resolved after the first included event and before other included events. In some cases, there are no events whatsoever (e.g., the police decide not to file charges after SRL gets involved). But all cases do or may require SRL to be available to do the work related to an event, whether or not the work is done.
Risk
Our standard services include assuming the risks related to the work. They also include managing such risks.
For example
All cases do or may require SRL to assume the risk of being professionally obligated to do not just the work SRL agreed to do but also other work, whether or not the work is done. How is that? When SRL tells a court it represents someone, SRL has a duty to appear when the client’s case is scheduled until the case is resolved—even if SRL agreed to appear only for particular events. After a case goes to court, to get out of a case, SRL has to withdraw. Before some courts, SRL can do that only if the court says SRL can. Before other courts, SRL is able to do that at its discretion.
Liability
Our standard services include assuming liability for the work. They also include managing such liability (e.g., through procedures and insurance).
Cost
Our standard services include paying the costs related to operating the firm (e.g., overhead, labor). They also include managing such costs.
What is not included
What is not included in standard services is anything else, unless otherwise agreed to in writing or at the discretion of SRL.
If anything else is done or requested or required to be done, it is considered a non-standard service.
Additional work on the same case
Standard services do not include additional work on the same case.
For example
Additional work on the same case includes but is not limited to:
Having to provide services related to an event that is not included;
Having to make more than one court appearance for an included event;
Having to provide services related to contested issues of fact or law when the case is “uncontested only”;
Having to do work on any motion for the Client or from another party; and
Having to respond to unsolicited communications from the Client that could have been saved for the included consultation regarding an included event.
Additional work on a different case
Standard services do not include additional work on a different case altogether.
For example
Additional work on a different case includes but is not limited to:
Having to make a court appearance for a PFA (Protection from Abuse) case growing out of the same set of allegations as those in the criminal case.
Extraordinary measures
Standard services also do not include having to use extraordinary measures to complete the ordinary and related work of a case.
For example
Extraordinary measures include but are not limited to:
Having to deal with an unresponsive or uncooperative or obnoxious client;
Having to travel for a consultation to a prison or any location other than the attorney’s main office;
Having to interview any material or hostile witness without use of a private investigator at Client expense;
Having to investigate or research anyone or anything unless s/he or it is readily available to us at SRL and without use of a private investigator or other professional at Client expense;
Having to do any consultation or preparation (e.g., research, investigation) related to a contested issue unless the event where the issue is relevant is also an included event;
Having to do more than one appearance, consultation, or preparation for an event that is related to an included event (e.g., jury selection);
Having to provide representation for more than six months between events (e.g., the hire date and preliminary arraignment; plea day and trial); and
Having to do any work that was not reasonably foreseeable as of the time the flat fee was proposed.