This representation agreement is between ___________________ (hereinafter “client”) and Andrew J. Ruzicho II (hereinafter “attorney”), and contains the terms under which legal representation will be provided. Only terms contained in this agreement will be deemed as binding on the client and/or the attorney.
I. Scope of Representation
The client agrees that representation under this Agreement will be limited to pursuing an eviction claim for the tenant(s) residing at Client’s property. Any other legal claims or lawsuits involving the client are not covered by this agreement. The representation to be provided is for the eviction of the landlord’s tenant(s) only, and does not include representation beyond that scope. Any further representation beyond that scope will be subject to a new representation agreement. Collection of monies owed the client by the tenant(s) is not part of this representation. Scheduling the set out is not part of this representation agreement and is the duty of the client if a set out is required.
Client agrees to provide correct mailing addresses for all tenants and understands that incorrect mailing addresses will delay the eviction process.
Representation ends with the eviction of the tenant or the conclusion of the first cause of action, whichever comes first. Although I may have filed a second cause of action on your behalf, representation on that cause of action requires a new attorney client agreement. Courts typically dismiss second causes of action that have not been pursued within 6 months of the complaint filing date.
The client agrees to pay the attorney a flat fee of $_____.00 to perform one eviction action(first cause only) plus all court costs incurred including filing fees, writ of restitution fees, set out fee, and any other related court fees. Currently, Franklin County charges a filing fee of $133.00 per eviction, $35 for the writ of restitution (red tag), and $45 for the set out. Delaware County charges a filing fee of approximately $200 and a set out fee of $60. Client understands that from time to time, the court changes those fees and that client would be responsible for any changes in those fees by the court system. Other counties charge similar fees. If this eviction is occurring in another county, I will provide you with what those costs are.
Client understands that attorney is charging a flat fee rate and that, if attorney charged his normal hourly rate, the fee would be much higher. Client further understands that if the tenant vacates the property prior to the eviction hearing, it is most likely because of attorney’s work in preparing and filing the eviction complaint and that attorney has earned the flat fee as a result. The desired result has been obtained. At attorney’s hourly rate, preparation of the complaint, filing the complaint, communicating with the client, and other case related activities have resulted in the expenditure of time which has met or exceeded the flat fee charged in this matter.
The flat fee also assumes a certain amount of communication between the attorney and the client. Communication covered by the flat fee includes 25 emails/text messages (text messages should be used sparingly) between attorney and client as well as 45 minutes of live/phone consultation. Emails, text messages and phone calls will be responded to during normal business hours, Monday through Friday. Given that response period, clients should attempt to limit such communication to normal business hours. Additional communication beyond that stated above is charged in ten minute increments at $37.50 per increment.
As set out above, Client understands that he/she/it is responsible for all court costs including filing fees and any other related court fees.
If Client elects to pursue tenants for damages through obtaining a damages judgment, such actions would be subject to a new attorney client agreement.
IV. Settlement Authority
No settlement of any nature shall be made for the client’s claims without the approval of the client, nor shall the client obtain any settlement without the prior notice and complete knowledge of the attorney. If client disregards this and elects to negotiate with the tenant without enlisting the attorney’s help, client is advised to negotiate for the payment of all court costs and attorney’s fees incurred.
V. Assistance of Co-Counsel
The client authorizes the attorney to obtain the services of co-counsel as the situation may arise, provided the attorney provides client with notice. Obtaining co-counsel will not affect the fees of the client.
By signing this agreement, the client and the attorney indicated that they know of no reason that full performance of its terms could not be accomplished. Further, the client and the attorney indicate that they understand the terms of the agreement and voluntarily enter into the agreement.
VII. Signature and Acknowledgement
I have read both of the pages of this Representation Agreement. I understand and agree to all of the terms contained in the Agreement.
Andrew J. Ruzicho II