Stearns Legal Services, PLLC

June 15, 2015 Revdex.com Attn: [redacted] Austin, TX [redacted] RE:    [redacted] Dear Ms. [redacted]: This correspondence will serve as my response to Ms. [redacted]’s complaint. Ms. [redacted] faxed back the retainer paperwork on the evening on January 21,...

2015. This was to clear up three (3) traffic tickets that were currently in warrant status. My normal rate for traffic tickets is a flat $250.00 for all pretrial work, with an additional $250.00 if the matter is required to go to trial. This is addition to any bonds which I have to post, which I charge 10% or $100.00, whichever is greater. When we spoke, Ms. [redacted] informed me that she was currently unemployed. Rather than charging my regular rate, which would have been $1,050.00, plus another potential of $250.00 per ticket that went to trial, I charged her a flat rate of $400.00, plus a five percent processing fee for the credit card, for a total of $420.00. On the front page of the retainer, it clearly states that the retainer is non-refundable. Ms. [redacted] obviously read this provision, because she made handwritten changes to the paragraph. (See attached documentation). When we initially spoke, Ms. [redacted] informed me that the tickets were in Austin Municipal Court. I looked online and located three tickets that she had been issued in that court. They had been closed. I drafted the appearances and the bonds for those tickets. However, since Ms. [redacted] had already paid them, they were considered disposed of and closed. I researched for a way to reopen the case and enter a “Not Guilty” plea on her behalf. All told, between the drafting and research, along with the telephone discussions with the Austin Municipal Court, I spent approximately an hour and a half on her case. My hourly rate is $250.00 per hour. Ms [redacted] would call almost every day, asking for a status update. While I did not respond to every call, because of time constraints, I attempted to return calls on several occasions. Often times, I couldn’t reach her. In April, I contacted her and informed her of the status of filing the motions to reopen the case. At this time, she informed me that the tickets were actually in Travis County Justice of the Peace, Precinct 2. I redrafted the Appearances and the Bonds. I then emailed the bonds over to Ms. [redacted] for her signature. After she received them, she told me to stop working on her case. A short time later, Ms. [redacted] contacted me and demanded a full refund, completely discounting the work I had performed. My position regarding any refund to which Ms. [redacted] feels she is entitled is that (1) the fee was more than earned, calculating my hourly rate; (2) even if it wasn’t, the employment contract clearly states that the fee was non-refundable; and (3) the reason the work was not completed in a timely manner is that Ms. [redacted] provided incorrect information. If you have any questions, please feel free to contact me. Very Truly Yours,   [redacted], Esq.