Musick, Peeler & Garrett

Ms [redacted] Revdex.comViewland Avenue, #200San Diego, California 92123-1688TELEPHONE: ###-###-####FACSIMILE : ###-###-####WWW.MUSICKPEELER.COMDecember 30, 2014Re: [redacted] / [redacted] CompanyDear Ms [redacted] :Los ANGELESORANGE COUNTYSAN DIEGOSAN FRANCISCOSANTA BARBARAWESTLAKE VILLAGEFILE No.: [redacted] We thank you for the opportunity to respond to the claim made by Mr [redacted] .As you are aware, the communications between an attorney and his or her client aresubject to a privilege from disclosure to third partiesThis privilege, enacted in CaliforniaBusiness & Professions Code §6068, subdivision (e)(l), and in the California Rules ofProfessional Conduct, Rule 3-100, cannot be waived except by the client, unless disclosure isrequired to prevent a criminal act likely to result in death or substantial bodily harm, a situationnot applicable hereTherefore, we are at a disadvantage in responding to Mr [redacted] 's claimbecause a full response to the claim would require disclosure of his instructions to us related tothe scope of the assignment he gave us and the terms of compensation for our services.Nevertheless, we provided the services which Mr [redacted] requested for the fee whichwas agreed uponThe scope of the assignment and the fee arrangements were described in awritten engagement agreement provided by my firm, which Mr [redacted] signed.It would be helpful to review some ofthe customary financial relationships between aclient and their attorneyOne such relationship is the contingency feeGenerally speaking, thisis a financial relationship where the law firm working on the matter does not receive anycompensation until funds are paid to the firm's clientIn a contingency fee relationship theattorney and client also agree in advance how the proceeds that are recovered, if any, are to bedivided between themThese types of arrangements are commonly used in personal injurymattersA contingency fee arrangement is highly uncommon when a client is seeking to havebusiness agreements draftedThe next common fmancial arrangement between an attorney and aclient is the hourly fee agreementAn hourly fee agreement works just as it soundsTheattorney is paid his or her hourly rate for the number of hours of service that is provided to theclientSometimes, but not always, the client may ask in advance or the attorney may advise ofthe approximate number of hours the assignment may requireAnother fee arraignment is theflat fee arraignmentPursuant to a flat fee arrangement the client and lawyer agree in advance toperform particularly defined services for a fixed amountHowever, under a flat fee arrangement,if the scope of the services previously agreed upon are expanded it is not uncommon for there tobe a provision that additional services will be invoiced above the flat fee amountFor example,if a client and lawyer agree to charge a fixed dollar amount in exchange for the attorneyproviding client with a certain type of agreement, and during the course of the relationship theclient later wishes to expand or modify the scope of the engagement, depending on the nature orscope of the changes requested or the scope of the agreement, the attorney may be entitled toadditional compensation, for rendering what may be characterized as additional services.It is our firm's policy and practice to always require a signed written retainer agreementthat spells out clearly the terms of the relationship between the client and the firmWe also spellout in clear and concise terms the scope of our engagement and what the client's financialrequirements are in our relationshipWe also invite the client to go over the engagementagreement before they sign it and should they have any questions or need a better understandingof what is required by the agreement, to contact us and we will go over it with them in advanceof performing any services.Although I was Mr [redacted] 's initial contact with our firm, I did not charge any feesIintroduced him to one of our business partners, [redacted] , and after a brief dis~ussion I leftthe initial meeting in order that Messrs [redacted] and [redacted] could discuss the particulars.There was no "bait and sWitch." After Mr [redacted] presented to us his complaints about thebill we naturally wanted to explain what services were performed and how the services and billwere consistent with the engagement agreementIt is regrettable that Mr [redacted] ·misconstrued our attempt to come to a satisfactory arrangement with him as scaring him, talkingdown to him, or intimidating himI can assure you that we had no such intention, and nothing Isaid to him could be construed as such by a reasonable person.We also note our firm claims no outstanding amounts owing from Mr [redacted] or hiscompany.Our firm has been in business since We understand our best source of referrals isour clients which is why we take pride in our work and try our hardest to accomplish our clients'goals in an efficient and ethical manner.Very truly yours, [redacted] ***for MUSICK, PEELER & GARRETT LLP

Ms. [redacted]Revdex.com4747 Viewland Avenue, #200San Diego, California 92123-1688TELEPHONE: ###-###-####FACSIMILE : ###-###-####WWW.MUSICKPEELER.COMDecember 30, 2014Re: [redacted] CompanyDear Ms. [redacted]:Los...

ANGELESORANGE COUNTYSAN DIEGOSAN FRANCISCOSANTA BARBARAWESTLAKE VILLAGEFILE No.: [redacted]We thank you for the opportunity to respond to the claim made by Mr. [redacted].As you are aware, the communications between an attorney and his or her client aresubject to a privilege from disclosure to third parties. This privilege, enacted in CaliforniaBusiness & Professions Code §6068, subdivision (e)(l), and in the California Rules ofProfessional Conduct, Rule 3-100, cannot be waived except by the client, unless disclosure isrequired to prevent a criminal act likely to result in death or substantial bodily harm, a situationnot applicable here. Therefore, we are at a disadvantage in responding to Mr. [redacted]'s claimbecause a full response to the claim would require disclosure of his instructions to us related tothe scope of the assignment he gave us and the terms of compensation for our services.Nevertheless, we provided the services which Mr. [redacted] requested for the fee whichwas agreed upon. The scope of the assignment and the fee arrangements were described in awritten engagement agreement provided by my firm, which Mr. [redacted] signed.It would be helpful to review some ofthe customary financial relationships between aclient and their attorney. One such relationship is the contingency fee. Generally speaking, thisis a financial relationship where the law firm working on the matter does not receive anycompensation until funds are paid to the firm's client. In a contingency fee relationship theattorney and client also agree in advance how the proceeds that are recovered, if any, are to bedivided between them. These types of arrangements are commonly used in personal injurymatters. A contingency fee arrangement is highly uncommon when a client is seeking to havebusiness agreements drafted. The next common fmancial arrangement between an attorney and aclient is the hourly fee agreement. An hourly fee agreement works just as it sounds. Theattorney is paid his or her hourly rate for the number of hours of service that is provided to theclient. Sometimes, but not always, the client may ask in advance or the attorney may advise ofthe approximate number of hours the assignment may require. Another fee arraignment is theflat fee arraignment. Pursuant to a flat fee arrangement the client and lawyer agree in advance toperform particularly defined services for a fixed amount. However, under a flat fee arrangement,if the scope of the services previously agreed upon are expanded it is not uncommon for there tobe a provision that additional services will be invoiced above the flat fee amount. For example,if a client and lawyer agree to charge a fixed dollar amount in exchange for the attorneyproviding client with a certain type of agreement, and during the course of the relationship theclient later wishes to expand or modify the scope of the engagement, depending on the nature orscope of the changes requested or the scope of the agreement, the attorney may be entitled toadditional compensation, for rendering what may be characterized as additional services.It is our firm's policy and practice to always require a signed written retainer agreementthat spells out clearly the terms of the relationship between the client and the firm. We also spellout in clear and concise terms the scope of our engagement and what the client's financialrequirements are in our relationship. We also invite the client to go over the engagementagreement before they sign it and should they have any questions or need a better understandingof what is required by the agreement, to contact us and we will go over it with them in advanceof performing any services.Although I was Mr. [redacted]'s initial contact with our firm, I did not charge any fees. Iintroduced him to one of our business partners, [redacted], and after a brief dis~ussion I leftthe initial meeting in order that Messrs. [redacted] and [redacted] could discuss the particulars.There was no "bait and sWitch." After Mr. [redacted] presented to us his complaints about thebill we naturally wanted to explain what services were performed and how the services and billwere consistent with the engagement agreement. It is regrettable that Mr. [redacted] ·misconstrued our attempt to come to a satisfactory arrangement with him as scaring him, talkingdown to him, or intimidating him. I can assure you that we had no such intention, and nothing Isaid to him could be construed as such by a reasonable person.We also note our firm claims no outstanding amounts owing from Mr. [redacted] or hiscompany.Our firm has been in business since 1954. We understand our best source of referrals isour clients which is why we take pride in our work and try our hardest to accomplish our clients'goals in an efficient and ethical manner.Very truly yours,[redacted]for MUSICK, PEELER & GARRETT LLP

Review: They charged me an additional fee for service that they had stated would be included in the price. They used a bait and switch approach with me by placing me in a room then having two different attorneys come in the room at separate times to discuss the service I was paying for. At the end of the service provided they sent me an additional bill. They never informed me of any additional cost and then basically lied and argued about it. They attempted to scare me and talk down to me. They also stated that they know a lot of people I work with as if it was a threat. This was the most unethical experience I have ever had with an attorney and I have worked with many attorneys. I have filed a complaint with the State Bar as well. This is a very brief explanation of the story. FYI, The service provided was for our companyDesired Settlement: My desire is for other people to understand what type of attorney [redacted] D. is. This is the attorney I worked with and the one that in my opinion was extremely unethical.

Business

Response:

Ms. [redacted]Revdex.com4747 Viewland Avenue, #200San Diego, California 92123-1688TELEPHONE: ###-###-####FACSIMILE : ###-###-####WWW.MUSICKPEELER.COMDecember 30, 2014Re: [redacted] CompanyDear Ms. [redacted]:Los ANGELESORANGE COUNTYSAN DIEGOSAN FRANCISCOSANTA BARBARAWESTLAKE VILLAGEFILE No.: [redacted]We thank you for the opportunity to respond to the claim made by Mr. [redacted].As you are aware, the communications between an attorney and his or her client aresubject to a privilege from disclosure to third parties. This privilege, enacted in CaliforniaBusiness & Professions Code §6068, subdivision (e)(l), and in the California Rules ofProfessional Conduct, Rule 3-100, cannot be waived except by the client, unless disclosure isrequired to prevent a criminal act likely to result in death or substantial bodily harm, a situationnot applicable here. Therefore, we are at a disadvantage in responding to Mr. [redacted]'s claimbecause a full response to the claim would require disclosure of his instructions to us related tothe scope of the assignment he gave us and the terms of compensation for our services.Nevertheless, we provided the services which Mr. [redacted] requested for the fee whichwas agreed upon. The scope of the assignment and the fee arrangements were described in awritten engagement agreement provided by my firm, which Mr. [redacted] signed.It would be helpful to review some ofthe customary financial relationships between aclient and their attorney. One such relationship is the contingency fee. Generally speaking, thisis a financial relationship where the law firm working on the matter does not receive anycompensation until funds are paid to the firm's client. In a contingency fee relationship theattorney and client also agree in advance how the proceeds that are recovered, if any, are to bedivided between them. These types of arrangements are commonly used in personal injurymatters. A contingency fee arrangement is highly uncommon when a client is seeking to havebusiness agreements drafted. The next common fmancial arrangement between an attorney and aclient is the hourly fee agreement. An hourly fee agreement works just as it sounds. Theattorney is paid his or her hourly rate for the number of hours of service that is provided to theclient. Sometimes, but not always, the client may ask in advance or the attorney may advise ofthe approximate number of hours the assignment may require. Another fee arraignment is theflat fee arraignment. Pursuant to a flat fee arrangement the client and lawyer agree in advance toperform particularly defined services for a fixed amount. However, under a flat fee arrangement,if the scope of the services previously agreed upon are expanded it is not uncommon for there tobe a provision that additional services will be invoiced above the flat fee amount. For example,if a client and lawyer agree to charge a fixed dollar amount in exchange for the attorneyproviding client with a certain type of agreement, and during the course of the relationship theclient later wishes to expand or modify the scope of the engagement, depending on the nature orscope of the changes requested or the scope of the agreement, the attorney may be entitled toadditional compensation, for rendering what may be characterized as additional services.It is our firm's policy and practice to always require a signed written retainer agreementthat spells out clearly the terms of the relationship between the client and the firm. We also spellout in clear and concise terms the scope of our engagement and what the client's financialrequirements are in our relationship. We also invite the client to go over the engagementagreement before they sign it and should they have any questions or need a better understandingof what is required by the agreement, to contact us and we will go over it with them in advanceof performing any services.Although I was Mr. [redacted]'s initial contact with our firm, I did not charge any fees. Iintroduced him to one of our business partners, [redacted], and after a brief dis~ussion I leftthe initial meeting in order that Messrs. [redacted] and [redacted] could discuss the particulars.There was no "bait and sWitch." After Mr. [redacted] presented to us his complaints about thebill we naturally wanted to explain what services were performed and how the services and billwere consistent with the engagement agreement. It is regrettable that Mr. [redacted] ·misconstrued our attempt to come to a satisfactory arrangement with him as scaring him, talkingdown to him, or intimidating him. I can assure you that we had no such intention, and nothing Isaid to him could be construed as such by a reasonable person.We also note our firm claims no outstanding amounts owing from Mr. [redacted] or hiscompany.Our firm has been in business since 1954. We understand our best source of referrals isour clients which is why we take pride in our work and try our hardest to accomplish our clients'goals in an efficient and ethical manner.Very truly yours,[redacted]for MUSICK, PEELER & GARRETT LLP