Fee Agreement

It is DAC's understanding that this matter will be uncontested and that our services will consist ONLY of the preparation of all court documents necessary to secure a judgment in the indicated matter (excluding notice of motions, orders to show cause, and qualified domestic relations orders unless specifically noted above as an included service). DAC agrees that a duly licensed attorney pursuant to California law will review the case and advise client with respect to client's rights and obligations. The fees for services are as indicated above. In addition to the above noted fees, client agrees to pay all costs incurred for the administration of the herein described matter. Such expenses shall include filing fees, process service costs, postage, long distance telephone calls at the rate of 25 cents per minute, incoming and outgoing facsimile transmissions at the rate of $1 per page, and such other expenses as actually incurred by DAC on client's behalf. Fees are deemed to be earned upon execution of this agreement and are deposited into DAC's general account. Fees are non-refundable after DAC has begun work on this matter. The herein noted fees include the preparation of one stipulation or settlement agreement drafted pursuant to the terms of client's negotiated agreement with other parties to this action. Any additional modifications to any stipulation or settlement agreement shall be charged $175 per hour for preparation time. DAC's attorney shall review client's proposed settlement agreement and advise client accordingly prior to preparation of the first draft of any stipulation or settlement agreement. Client agrees that DAC will not begin services until all fees are paid in full unless otherwise agreed to in writing. In the event DAC begins services and a balance is due and unpaid upon completion of the matter, DAC will apply unexpended costs previously advanced toward the balance due, if any. Any unexpended portion of costs advanced not used as a credit toward any fee balance due will be promptly refunded upon the conclusion of the case. The herein agreed fee is contingent upon client providing DAC with information relevant to the case which is requested by DAC on DAC's prescribed forms or questionnaires. DAC does not assume or accept fees for outside investigators. Should any investigation be necessary, client will need to contract with an investigator directly. The noted hourly fees herein described shall not be charged without prior notice to client.

It is expressly understood that because this matter is expected to be uncontested, all pleadings filed on client's behalf will be filed "in propria persona." Therefore, NEITHER DAC, ITS EMPLOYEES, ATTORNEYS, AGENTS, NOR ANY OTHER REPRESENTATIVE WILL APPEAR at any hearing on client's behalf unless client expressly requests such service and an attorney employed by DAC agrees in writing to do so. Additional fees shall be charged if such representation is agreed to pursuant to a fee structure separately agreed to by client and attorney.

If legal action is commenced to enforce payment or other terms of this agreement, the prevailing party shall be entitled to reasonable attorney fees and costs of suit in addition to all other sums due. The parties hereto agree that any matter necessary to enforce the terms of this agreement shall be subject to the jurisdiction of the courts of Amador County, California.

In addition to the legal services rendered by DAC, the services of various experts, including but not limited to, appraisers, accountants, actuaries, and psychologists may become necessary in this proceeding. DAC will advise client as such need arises. Client is responsible for procuring such services with experts directly, and client shall be directly responsible for payment to any experts.

The fees charged by DAC in this agreement do not include services for any expert consultation or advice.

In the event a court order is issued requiring another party to pay any portion of client's legal fees or costs in this matter, any payment made payable to DAC or David Foyil will be credited against the total fees and costs owed by client, if any, under this agreement, but any unpaid balance will continue to be client's individual liability. Any remaining surplus, if any, shall be promptly paid to client.

DAC does not warrant or predict the results or outcome of any orders or final judgment in this matter. DAC will at all times keep client informed of the status of the matter and render faithful and diligent service. DAC does not maintain errors and omissions insurance coverage (i.e. malpractice insurance coverage) nor has filed any agreement with the State Bar guaranteeing payment of client's malpractice claims.

CLIENT ACKNOWLEDGMENT: I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACCEPT THE AGREEMENT THIS DATE.

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