Fees and Policies
We value our clients and want to be clear about our terms of service. The following applies to all inquirers and clients, without exception, in place of individual fee agreements or engagement letters. By engaging our firm you unconditionally agree. Fees and policies may be adjusted from time to time without prior notice.
Contents – Click to Go Direct
1. Terms of Service
Our Terms of Service
Thank you for reviewing our fees and policies. We strive for maximum transparency in this area, so if you have questions, please do not hesitate to ask.
This Fees & Policies section applies to all inquirers and clients, without exception, in place of written fee agreements or engagement letters. These are our non-negotiable terms of service that bind everyone. By engaging our firm, you unconditionally agree to all of these. We permit no exceptions to this rule. Do not hire this firm if you do not unconditionally agree to our terms and conditions.
2. Hiring a Lawyer
Get it in Writing. Hiring a lawyer in today’s business environment involves a specific, spelled-out written agreement in advance. There is nothing “implied” or “assumed” or “customary” as might have been the case in years past. Assume nothing. Sound business practice requires that you should always be crystal clear as to the terms upon which you have engaged legal counsel. Law firms vary widely in their fee and retainer agreements – there is no “standard.” The advent of online legal services has expanded the number of variations. Accordingly, this Fees & Policies page is our means of avoiding uncertainty and transparently establishing our terms of service with all clients, without exception.
How are legal fees determined? Legal fees are established by reference to certain core factors: degree of difficulty of the task; anticipated time to complete; the number of documents that must be reviewed or prepared; and the professional liability the case will incur for the attorney.
Generally, lawyers may be engaged in four ways:
Various Types of Fee Arrangements Available. Our office operates for the most part on the basis of flat fees per project (these are listed below), but we are also work with flat-fee non-refundable retainers. Hourly arrangements are (for us) more common in litigation cases. We do not offer contingency fee arrangements at all.
We Screen Cases. We are a small, specialized firm and cannot accept every case and are under no obligation to do so. At any given moment, our schedule may permit only a limited number of new clients. We hope you understand. Also, an inquirer only becomes our client when we clearly agree to accept the case and the required payment is received and accepted.
Fraud Prevention. Fraud is endemic in the real estate industry. Real estate lawyers are frequent targets of attempted fraud. We may at any time require that an inquirer or client provide sufficient evidence of identity, including but not limited to government-issued picture ID, as a condition precedent to our representation.
3. Online Consultation Process
We have worked with over a thousand online clients (in addition to decades of office practice) and have an established process we ask that inquirers follow. The feedback we receive is quite positive.
After submitting the client inquiry form on the Contact page:
(1) be sure that we have told you that we are available to consult on the legal matter you wish to discuss (we may have already indicated this in our response to your inquiry);
(2) make advance payment on the payment page of the website at https://lonestarlandlaw.com/payment/; and
(3) supply factual background, relevant documents, and a list of any questions.
The consultation then lasts up to one hour and must be completed within 3 business days. No scheduling or fixed appointment time is required.
A $250 introductory consult fee is available to most new clients in general real estate and asset protection matters. Advance payment is required. Please do not make payment until we have confirmed that we are able to accept and advise upon your case.
The $250 introductory fee is not available for: (1) matters in excess of $1M (for these, the consult fee is our hourly rate of $450 with a one hour minimum); or (2) matters that are complex or document-heavy. These are a special case.
The initial consultation fee is a non-refundable flat fee that is not subject to hourly accounting. There are no partial refunds. The consult fee is not credited toward future services.
We need a concise summary from the client. What is your case about, briefly? Who is involved? Where do events occur? In Texas? Which city or county? When? What is the timeline? Why are you seeking legal assistance?
If you are a real estate investor or business person, what is your business model? What type of transactions do you do? What is your entity structure? Your plans for the future?
Email attachments should be in pdf, Word, WordPerfect, Excel, or other common software. Do not send documents in the physical mail. Please avoid jpeg or i-phone photos of documents and do not apply any form of encryption.
The time it takes for us to read and analyze your documents is included in the attorney time allotted to your consultation. In complex cases, this may be considerable. Not every legal problem can be analyzed and solved in a one-hour consultation.
We are usually available to promptly begin work after receiving a summary of basic facts, copies of documents, and payment. This varies with complexity and backlog. We try to be flexible and ask that you be flexible as well.
We begin with an email exchange and discussion so our attorney can gather basic facts and copies of relevant documents. This is an essential step in our process.
An optional call may be scheduled afterward if needed. We do not jump straight to a phone call without first gathering basic facts and documents by email.
Some inquirers seek a free phone call with our attorney before the consultation. Such calls inevitably involve time and legal questions so we view them as consultations. We regret that we are unable to offer any free attorney time, whether online, in the office, or by phone.
An online consultation is intended to substitute for the same time one would spend with an attorney if one went to his law office for an hour. The consultation may last up to the prescribed time limit (1 hour) over a period not to exceed 3 consecutive business days, when it automatically concludes. It is not a three-day consultation. It is a one-hour consult that may be spread out over three days.
We will of course extend the three-day limit if our responses are delayed on our end for some reason (by an unusually heavy workload, for example). This can happen.
We do not offer consultations or any other legal services by text. While texting may be suitable for casual communications, texting of sentence fragments and one-liners is not suitable for a nuanced legal case. Please use a keyboard device and take your time.
We do not offer group consults with multiple persons at different email addresses. Group discussions may work in a law office conference room but they quickly become chaotic by email. We work with one client at one email address.
No. A consultation is a stand-alone value-added legal service. It does not include other services such as document preparation, nor does a document request include a free consultation. All are separate items in a flat-fee system.
If it is determined very early in the process that your legal matter is not within our area of practice, then a refund (by means of a law firm check sent by U.S. Mail) is promptly provided. There is no refund once the attorney expends time and effort examining a file and discussing it with the client. Similarly, there is no refund if the legal advice is unfavorable to the client or we decline to handle the case going forward.
Complex or document-heavy cases cannot be adequately addressed in an introductory consultation format. We may instead offer an hourly rate of $450, usually with a two-hour non-refundable minimum to start, and $450 per hour thereafter. Billing is by periodic advance retainer installments since we do not send bills after the fact. Retainers may not reach zero unless the case is ending.
We cannot guarantee that a consultation will offer a remedy for your legal issue, nor can we guarantee that our guidance will be what you want to hear. Occasionally, we have to deliver difficult legal advice. We sometimes have to tell clients that there is no easy remedy. Also, consultations are offered with the understanding that our firm is not obligated to accept or handle the case going forward.
The requirement of government-issued photo ID is now universal at law firms, medical offices, and other professional firms everywhere. Online fraud is rampant. We do not work with anyone who declines to provide ID.
Traditional business hours apply (Monday through Friday, 8-5 CST) subject to our posted vacation schedule. After-hours and weekend emails are considered received on the next business day.
We realize this is the internet. However, inquirers who are rude to staff, overly entitled, insulting, demanding, disrespectful, or belligerent (yes, this unfortunately happens) will be terminated. Please be courteous and professional.
Please read our firm’s complete terms of service at our Fees & Policies page. These apply without exception to all clients. By proceeding you indicate unconditional agreement.
Thank you for reviewing this material. We look forward to answering your legal questions.
4. When is a paid consultation appropriate?
Fees Apply for our Core Business. We are a law firm whose core business is offering legal advice and services in connection with real estate, business, and asset protection in exchange for fees. Beyond our brief preliminary response to an inquiry (which is not a consultation or formal legal opinion), no free legal attorney time or services are available, whether online, by phone, or in the office. Accordingly, we are unable to offer specific legal advice, engage in detailed discussions of your case, download and read your attachments, create a file for you, place your case on our docket, or prepare and send documents to you until advance payment is made.
Consultation Recommended Prior to Ordering Documents. Unless you are absolutely certain that a particular document is what is needed, and you are absolutely certain of its legality in the circumstances, a paid consultation is recommended so we can review your case and determine the correct legal solution. If we invest time and work, and it turns out that the document you ordered was not the correct solution for the situation, and a refund is requested, then an appropriate fee for our time and efforts (not less than a consult fee) will be deducted from any fees paid. In other words, we do not assume the risk of loss if the client has made an incorrect diagnosis or decision about the strategy or document that was needed.
Document Preparation Request Does Not Include a Free Consultation. An order for document preparation presumes the client knows the correct document that he or she needs. We will take your order, collect the necessary background information, and prepare the document, all at your direction and subject to your timely review and correction (within 3 days). A document order does not include a free consultation to review possible document scenarios, their pros and cons, or their legality under the circumstances. A consultation is a separate item in a flat-fee system (If billing is on an hourly basis, or there is a retainer in place, then this is not an issue, since the aforementioned policies apply to flat fees).
Also, consultation fees are not credited toward any document preparation work that may follow, since consultations are stand-alone, value-added services in their own right. See section 7 for applicable consultation fees. If you need advice before you can order documents, then you should begin the process with a paid consultation.
5. Hourly Rate
Although most of our fees are flat fees, when hourly billing is appropriate, our usual hourly rate is $450 with a one-hour minimum. Billing is in quarter-hour increments thereafter. Billing is by periodic advance retainer installments, since we do not send bills after the fact. Retainers may not reach zero unless the case is ending. If a retainer reaches zero or goes negative, legal services automatically cease.
An introductory consultation is available at a flat fee of $250 for most new clients for the first hour, online only. Matters over $1M are excluded and are billed at our usual hourly rate with a one-hour minimum. Also, as to matters that are complex or document heavy: experience has shown that these simply cannot be adequately addressed in an introductory discount consult. We may thus respectfully decline these on an intro consult basis. Instead, we may quote our hourly rate, perhaps with an estimated minimum number of hours depending on the complexity of the case.
6. Flat Fees
Flat Fees Generally. As an accommodation to clients who want price predictability, most of the services and documents we offer are individually priced in the form of flat fees. Flat fees are per item and limited solely to that item, meaning that there are no “extras” included. This is one way we keep fees low.
For example, an in-office closing is not included in document preparation fees; nor is filing a document with the county clerk (although we are available to file documents for an extra $50 charge plus the actual filing fee). Flat fees are always quoted as “plus costs” (clerk’s filing fees, the cost of an LLC company book ordered from the printer, etc.). The itemized quotes posted on this page reflect our commitment to 100% transparency when it comes to legal fees. Please inquire if in doubt.
No Shoehorning or Bundling. It is the nature of a flat-fee system that fees are quoted per individual item, so it goes without saying that multiple diverse matters incur separate fees. “Shoehorning” (slipping in additional items on top of a flat fee) or “bundling” is not allowed. Attorney-client communications can become awkward when a client persists in wanting additional items “included” in a flat fee. That is not the way it works in a flat-fee system. Nothing extra is included. In restaurant terms, everything is a la carte. Flat fees are offered as an accommodation to the client, not as a means of taking advantage of the attorney. If there are several legal items or issues that need to be addressed, then a different fee level, a retainer, or perhaps hourly billing is more appropriate.
Finality of Documents in a Flat-Fee System. In a flat fee system, all documents are prepared with the expectation that they will be reviewed by the client and finalized within the immediate time frame (we allow three business days). Documents are automatically considered final after that time, in order to assure an endpoint in the document preparation process. In other words, a flat fee for document preparation is not a lifetime retainer for an indefinite number of changes forever. Requesting changes weeks, months, or years later (yes, this happens) will incur additional charges.
Ongoing Client Support. We are occasionally asked if we offer ongoing support to clients who, for instance, form an LLC or start a business. This concept is compared to tech support. The answer is of course we supply ongoing client support, but this is part of our core business and fees apply.
Ongoing support is not free, not even in the tech world. If one buys a computer at Best Buy, for instance, the cost of their Geek Squad service plan is always an additional item. This format is prevalent across industries now. It is also the nature of a flat-fee system in which each item (including support which extends past our usual 3-day period for making changes and corrections) is separately itemized and billed for. Note that this would not be the case if the arrangement is based on hourly billing or a retainer posted in advance.
Switching from Flat Fees to Hourly Billing. In some cases, as a case develops, it may become apparent that hourly billing is more appropriate than a flat fee, and a switch from one to the other will be warranted. After discussions with the client, we may request such a switch. After all, flat fees are designed to be an accommodation to the client, not a means of causing the attorney to accept a financial loss. This firm will not be held to a flat fee if the volume or scope of work substantially or unexpectedly exceeds what was reasonably anticipated or what is ordinary and customary for the task. This is part of our overall reasonableness policy. If the client does not agree to switch to hourly billing, we may choose to terminate our employment on terms which this firm, in our sole discretion, deems equitable.
Fee Quotes. Fee quotes we offer online to prospective clients are estimates only until we have complete information about the case or transaction. In other words, a flat-fee system works only if tasks and fees are transparent to both attorney and client. It is not a game of “gotcha.” Rules of fairness and reasonableness apply. Also, fee quotes are good for 3 business days and then expire. After the three-day period, it is possible that fees or costs may change.
Fees in Specific Cases May Occasionally Vary from those Posted. Although we sincerely strive for certainty and transparency in setting our flat fees, they may be subject to some variability, at our discretion, since no two cases or clients are ever alike. Reasonableness and situational appropriateness apply. We therefore reserve the right to make fee adjustments to suit the specific circumstances of an individual client or case.
Fees are Subject to Change. All fees are subject to change without notice or requirement that they first be posted on the website. We do our best to adhere to posted fees; however, these are guidelines that may vary in specific cases, since no two cases are alike.
Higher-Dollar Transactions. For reasons of complexity and professional liability, one should expect that legal fees will increase as monetary amounts involved increase. Our fee schedule reflects this.
Are consultation fees credited? No. Consultations, asset protection reviews, and litigation reviews are stand-alone value-added services for which time has been spent and the fees charged have been fully earned. Such fees are not applied as credits toward future legal services.
Means of Payment. We reserve the right to determine which manner of payment is acceptable and which is not in any given case. Sorry, neither personal nor business checks are accepted because of the epidemic of bad checks. We may, however, at our option, accept cashiers checks or money orders from known vendors, but even these must be positively cleared at the bank before legal services are delivered. E-checks are not accepted because of the time (3 to 5 days) required for them to clear. Chase Quick Pay is not accepted. Pre-paid legal insurance plans are not accepted. If the client does not wish to utilize online payment options, then direct deposit and wire are available.
7. Consultations - Different Types and Fees
Consultation Process. Our goal is to provide first-class legal advice within a compact and affordable online format. We have worked with over a thousand online clients (in addition to decades of office practice) and have an established process we ask that all inquirers follow. The feedback we receive is quite positive. All new clients and new cases are accepted exclusively by means of an online consult. The introductory consult is not offered in-office.
Four Steps. After submitting the client inquiry form on the Contact page:
(1) be sure that we have told you that we are available to consult on the legal matter you wish to discuss (we may have already indicated this in our response);
(2) read, sign, and return these instructions by email or fax to (832) 201-5321;
(3) make advance payment on the website at lonestarlandlaw.com/payment;
(4) supply background and context for your case by email, copies of relevant documents, and a list of any questions you have.
Reasonableness applies. The quantity and scope of the inquiry must be such that it can reasonably and realistically be addressed within the one-hour time frame.
Response Time. No scheduling or fixed appointment time is required. We respond promptly although this can vary somewhat due to our backlog and the complexity of your inquiry. We try to be flexible and ask that you be flexible as well.
Initial Email Exchange. We will then do our best to provide an analysis and overview of potential legal courses of action. We begin with an email discussion so our attorney can gather basic facts and copies of relevant documents. This is an essential first step in our process. Our goal is gain an understanding of the case before answering questions.
Optional Call. An optional call is always available so long as the initial fact-gathering phase is concluded. However: we do not jump straight to a phone call without first gathering basic facts and documents by means of an email discussion.
Duration of Consultation. The consultation (document analysis, email exchange and optional call) may last up to one hour in the aggregate and must be completed within 3 business days. It then concludes automatically unless we agree to continue the consult at our regular $450 hourly rate.
Free Initial Phone Calls. Some inquirers seek a free initial phone call with our attorney before beginning the process. We do not offer these. Such calls inevitably involve attorney time and legal questions, so they end up being de facto consultations. Our firm does offer any free attorney time, whether online, in the office, or by phone.
Background Information. We need a concise summary from the client. What is your case about, briefly? Who is involved? Where do events occur? In Texas? Which city or county? When? What is the timeline? Why are you seeking legal assistance? If you are a real estate investor or business person, what is your business model? What type of transactions do you do? What is your entity structure? Your plans for the future?
Supporting Documents. Email attachments should be in pdf, Word, WordPerfect, Excel, or other common software. Do not send documents in the physical mail. Please avoid jpeg or i-phone photos of documents and do not apply any form of encryption. The time it takes for us to read and analyze your supporting documents is included in the time allotted to your consultation.
Introductory Consult – General Matters. A $250 introductory consult fee is available to most new clients (individuals, not corporations) in cases involving real estate and asset protection matters. The fee is $250 for matters up to $1M; $350 for matters from $1M to $1.5M; and $450 (our usual hourly rate) for matters involving more than $1.5M. The initial consultation fee is a flat fee and not subject to hourly accounting.
Introductory Consult – Real Estate Contract Review. A review/comment consultation is available for earnest money contracts and addenda so long as they are unsigned and completed on a TREC or TXR form. Fees are $250 for a sales price of up to $1M; $350 for contracts from $1M to $1.5M; and $450 (our usual hourly rate) over that. Note that performing the contract review uses up most if not all of the hour, so if extensive questions are anticipated, additional time may need to be booked at the hourly rate. We do not review homegrown or Internet-sourced real estate contracts.
Exclusions. The discounted introductory consult fee is not available for matters that are very complex or document-heavy. These cases are simply unsuitable for an introductory one-hour consult. Services in these areas incur our usual $450 hourly rate from the outset. Custom real estate contracts (not on TREC or TXR forms) are NOT included in the $250 intro discount offer (our $450 hourly rate applies). Review and comment on HOA or subdivision restrictions is not eligible for a discounted initial consult fee. Also, we do not review homegrown or Internet-sourced real estate contracts.
Payment. Advance payment on the website is required. It is not credited toward future services. Several payment options are offered at lonestarlandlaw.com/payment. Please do not make payment until we have confirmed that we are able to accept and advise upon your case. Checks are not accepted.
Refunds. If it is determined very early in the process that your legal matter is not within our area of practice, we will gladly and promptly provide a full refund by means of a law firm check sent by U.S. Mail. However, there is no refund once the attorney expends time and effort examining a file and discussing it with the client. Once this occurs, a consultation has occurred. Similarly, the consult fee is a unitary flat fee that is not broken up into refundable portions. Finally, there is no refund if the legal advice is unfavorable to the client or we (at our discretion) decline to handle the case going forward.
Complex or Document-Heavy Cases. It is important to be realistic and reasonable about the quantity and scope of material that can be discussed. Not every legal problem can be analyzed and solved in a one-hour introductory consultation. This is especially true in complex matters or cases involving many documents (since the time it takes the attorney to read documents is included in the hour).
Client Options in Complex Cases. In complex cases, we may respectfully decline to proceed with an introductory consult and instead: (1) ask the client to please narrow the scope of the inquiry so the consultation can reasonably fit within an hour; (2) offer to proceed at our $450 hourly rate (Note that in the case of hourly billing periodic advance retainer installments will be required since we do not send bills after the fact – retainers may not reach zero unless the case is concluding); or (3) or issue a full refund so long as the legal advisory process has not yet begun.
Three-Day Limit. An online consultation is intended to substitute for the same time one would spend with an attorney if one went to his law office for an hour. The consultation may last up to the prescribed time limit (1 hour) over a period not to exceed 3 consecutive business days, when it automatically concludes. It is not a three-day consultation. It is a one-hour consult that may be spread out over three days. We will of course extend the three-day limit if our responses are delayed on our end for some reason (by an unusually heavy workload, for example). This can occasionally happen.
No Review of DIY, Internet, or Junk Documents. We offer review/comment on TREC and TXR real estate contracts and addenda so long as they are unsigned and complete. As to other legal documents, review/comment services are available so long as the document was prepared by an attorney. We do not review homegrown or Internet junk documents. These cannot be fixed by a “review.” To meet our standards, they must be replaced with professional-grade documentation.
No Texting Please. We do not offer consultations or any other legal services by text. While texting may be suitable for casual communications, texting of sentence fragments and one-liners is not suitable for a nuanced legal case. Please use a keyboard device and take your time.
No Group Consults Please. We do not offer group consultations with multiple persons at different email addresses. Group discussions may work in a law office conference room but they quickly become chaotic and unproductive by email. We work with one client (or married couple) at one email address.
No Guarantees. We cannot guarantee that a consultation will offer a remedy for your legal issue, nor can we guarantee that our guidance will be what you want to hear. Occasionally, we have to deliver difficult legal advice. We sometimes have to tell clients that there is no easy remedy. Also, consultations are offered with the understanding that our firm is not obligated to accept or handle the case going forward.
No Other Services Included. A consultation is a stand-alone value-added legal service rendered for a flat fee. It does not include other services such as document preparation, nor does a document request include a free consultation. All are separate items in a flat-fee system. Multiple diverse topics may not be bundled under one consultation fee.
Client ID. The requirement of government-issued photo ID is now universal at law firms, medical offices, and other professional firms everywhere. Fraud is rampant. We do not work with anyone who declines to provide ID.
Business Hours Apply. Traditional business hours apply (Monday through Friday, 8-5 CST) subject to our posted vacation schedule. After-hours and weekend emails are considered received on the next business day.
Client Pushback on Process. We do not permit exceptions or variations to our established consultation process. We have good reasons for the way we handle online consults. We would ask inquirers who are not comfortable with our process to please seek counsel from another law firm.
Courtesy Required. We realize this is the internet. However, inquirers who are rude to staff, overly entitled, insulting, demanding, disrespectful, or belligerent (yes, this unfortunately happens) will be terminated. Please be courteous and professional.
Terms of Service. Please read our firm’s complete terms of service at our Fees & Policies page. These apply without exception to all inquirers and clients. By proceeding you indicate unconditional agreement.
8. Retainers (including “Attorney Letter” Retainers)
What is a retainer? Although most of our fees fall into the category of flat fees per item, individual flat fees per service are not suitable for every situation or every client, particularly those with more complex legal issues anticipated to persist over a period of weeks or months.
Retainers Distinguished from Consultation Fees. Consultations and document preparation tasks are designed to be short-term. Legal services begin and promptly end in such matters. Accordingly, consultations do not fall within the definition of a “retainer” as discussed in this section. Retainers are intended to be a longer-term option.
When in a retainer appropriate? Retainers are appropriate in: (1) complicated transactions, entity structuring, business disputes, or other situations where it may be difficult to establish exact fees and costs in advance; (2) where the need for legal services is anticipated to extend significantly beyond the time allotted for a consultation; (3) when a client wishes to have us available as their law firm – if, as, and when needed.
Hourly Billing Retainers. At our discretion, we decide to offer an hourly arrangement instead of a flat fee. This may be more appropriate and equitable in situations that are open-ended. In hourly billing, the client agrees to pay for the time it takes a qualified real estate lawyer to do what the client has asked him to do.
Hourly Rate. Our hourly rate is $450. Retaining this firm involves a non-refundable minimum of at least one hour, although the minimum may be longer by agreement. There is no partial-hour accounting for the first hour. The first hour is non-refundable. It is earned when paid. Billing after the first hour is in quarter-hour increments.
Additional Retainer Deposits. Additional retainer installments may be required in advance moving forward since we do not send bills (hourly or otherwise) after the fact. Retainers may not reach zero unless the matter is concluding. Retainers must be kept current. If a client’s retainer balance reaches zero or goes negative, legal services automatically cease.
Flat-Fee Retainers. We offer flat- retainers as follows: 30 days, $2,500; 60 days, $3,500; and 90 days, $5,000. Flat-fee retainers are up-front fees that are paid in advance. Please do not ask us to finance the retainer. After the specified term, the retainer automatically expires and must be renewed (if at all) by express agreement in writing between the parties. There is no automatic renewal. There is no assumed or implied renewal.
Flat-Fee Retainers Not Subject to Hourly Billing or Accounting. Flat-fee retainers are NOT subject to hourly billing or accounting. They are flat fees. We do not bill against them at an hourly rate. Accordingly, there is no hourly accounting or future refund of any “unused” portion because there is no portion that is unused. The entire retainer is stipulated to be a current non-refundable payment for legal services rendered or to be rendered. Funds belong to the attorney as soon as they are paid and may be immediately deposited directly into this firm’s operating account. No exceptions.
Flat-Fee Retainers Automatically Expire. Our flat-fee retainers are not indefinite or open-ended. They last for 30, 60, or 90 days as the case may be, by agreement. At the end of that time, the retainer automatically expires without notice to the client and legal services automatically cease. The term of the retainer is made clear at the outset. No additional notice to the client is required to confirm that a retainer term is about to expire or has expired. Renewal of a retainer (if at all) is by express written agreement (and additional payment) only.
Attorney Letter Retainers – Demand Letters or Response Letters. This is a limited sub-category of flat-fee retainer. Usually, the client says that he or she needs a demand letter or a response to such a letter.
“Consulted By” Attorney Letters. For our purposes, these attorney letters fall into two categories. The first is a letter in which the attorney states that he has been consulted by a certain client. This is a limited form of counsel that consists of the one attorney letter and stops there. These retainers begin at $750.
“Retained By” Attorney Letters. A second type of attorney letter states that that the attorney has been retained by and represents a certain client. This second type is a greater level of commitment by the attorney since it suggests to the opposing party that representation is ongoing rather than a one-time event. “Retained by” attorney letters usually include a statement of facts, applicable law, the client’s legal position, and may also include a demand for action. These retainers begin at $1,500.
Duration of Attorney-Letter Retainers. Attorney-letter retainers automatically expire after 30 days unless there is an express written agreement to extend legal services on some basis (either additional flat fee or hourly) beyond the 30 days. Legal services automatically cease upon without notice to the client upon expiration of a flat-fee retainer.
Retainers Do Not Include Litigation. Unless expressly agreed in writing, our retainers do NOT include our participation in any pending or threatened litigation. It is contemplated that the client will have his or her own litigation attorney. Our task is to separately advise on real estate, asset protection, and/or entity-structuring matters during the term of the retainer without being directly involved in pending or threatened litigation. We do not file pleadings, appear at hearings, communicate with opposing counsel, or respond to discovery. All of these functions are among the duties of the client’s litigation attorney.
Responsiveness to Our Retainer Clients. Although we may be on an active retainer, our obligation to our retainer clients does not extend to after hours, weekends, holidays, or our attorney’s personal vacation time.
No Guarantees. No guarantees are ever made as to the outcome of any matter on which this firm is retained.
Our Posted Terms of Service Apply to Everyone. Please read our firm’s complete policies at the Fees & Policies page of the website. These terms of service apply without exception to all clients. By proceeding with a retainer you agree to all of our fees and policies.
9. Transmission of Your Background Information and Documentation
Background Documentation. It is often necessary for us to see copies of certain background documentation in order to properly advise you. We need to know essential facts (including a concise summary of the client’s backstory) and see all your relevant paperwork.
Providing legible and relevant copies of these documents in a form that is downloadable and readable is an expected and required level of professional cooperation from the client. Please do not send unnecessary documents or pages. It will just slow things down.
Transmission. Please scan/email in the usual manner, each as a single document and a separate attachment, and not as multiple individual pages or separate jpegs. This is a matter of email professionalism. Alternatively, you may use fax – our number is (832) 201-5321.
If you would, please avoid zip files and Dropbox. Even a handful of documents can take nearly an hour on our end to download and open using these very inefficient methods. Also, jpeg may be suitable for photos but should not be used for legal documents. Please avoid it if you can.
Data Dumps. Please send us only the information or documentation that we request. Dozens or hundreds of extra and unnecessary pages make your file much more cumbersome and time-consuming for us to download, read, and manage. We rely on you to screen out irrelevant material. Large data dumps may cause us to switch your case from a flat fee to hourly billing.
10. You Need to Have Other Professional Advisors Besides your Attorney
Other Specialized Attorneys. Our focus is on real estate law and asset protection. We are highly concentrated in these areas. In complex cases, it may occasionally be necessary to consult other lawyers who have different specialties in order to get a complete picture of the legal environment. We encourage clients to consult other attorneys who are specialists in estate planning, probate, civil litigation, tax law, etc. as may be prudent or advisable. The practice of law is highly specialized now and at times you may need a team of legal advisors.
Our Attorney is highly specialized. Mr. Willis is the author of Real Estate Law & Asset Protection for Texas Real Estate Investors, a 600-page book that is continually in production as it is updated every two years. He also writes extensively on these subjects (there are over 50 full-length articles on our website). In addition, Mr. Willis attends several advanced seminars on real estate and asset protection across the country each year. Given this commitment, it simply not feasible for Mr. Willis to be an expert in other areas – tax law for example, which requires continuous and diligent attention to changing IRS regulations. Yet we are routinely expected to function as a professional tax advisor. This is unrealistic. It is our expectation that clients will consult a qualified CPA separate and apart from the real estate or asset protection advice given by our firm.
Get a Good CPA for tax, book keeping, and accounting advice. We do not give tax, book keeping, or accounting advice at all to anyone ever. A competent professional tax advisor is an essential resource for all of our clients and should be part of every professional team. We encourage all clients to engage and consult a qualified tax advisor concerning a proposed transaction or asset protection plan prior to implementing either one.
The Professional Advice of Brokers and Agents. We do our best to offer first-rate legal services and documents. Although our attorney has a broker’s license, when we are hired in a strictly legal capacity our advice and counsel is limited to legal issues. In this context, consulting an attorney is not a substitute for having the services of a qualified agent or broker who knows the market and offers other services that are not strictly legal in nature.
When we are engaged in a legal capacity, we do not also take on any duties customarily associated with agents and brokers. Brokerage-type functions are not included in our legal services unless we expressly agree in writing to offer these in exchange for a percentage of the transaction. Absent such express agreement, this firm operates within the legal context only.
Insurance Advice. In addition to consulting with us, it may also be useful for clients to speak to a licensed insurance agent or broker if insurance issues are present. Many questions in this area revolve around what will be covered and what will not. As a law firm, we are not equipped to answer these questions. Policies and underwriters vary widely in the insurance industry. Their coverage offerings and pricing are different. As is the case with taxes, an insurance professional is an essential part of a client’s team of advisors who should be consulted prior to entering into a real estate transaction or making a significant asset protection decision.
11. Representation Options in Real Estate Transactions
Client expectations vary widely when it comes to the scope of legal services being sought in a real estate transaction. Is the client seeking review/comment on a contract and nothing more? Or comprehensive representation in the entire transaction? We offer several options as guidelines:
Option 1: Flat Fee – Review/Comment on a Single Document (e.g., TREC Contract or Title Commitment). Contract review, for instance, is usually $250. Scroll down for more flat fees.
Option 2: Flat Fee – Contract Preparation (We Draft the Contract)
Option 3: Flat Fee – Custom Contract Addendum with Special Provisions for Buyer or Seller
Option 4: Flat Fee – Closing Document Preparation (Legal Documents Only)
Option 5: Flat Fee – Legal Representation in the Entire Transaction
Option 6: Hourly Fee – One-Hour Minimum Non-Refundable Retainer to Commence
Review/Comment on an Individual Document. The review/comment process is available for residential TREC and TXR contracts and addenda as well as title commitments, surveys, closing documents, and other items. Our method is to go through the document and make comments and recommendations item-by-item. Does not apply to custom contracts.
Legal Fees for Review/Comment. Fees for review/comment are: usually $250 for a sales price of up to $999,999; $450 for a sales price from $1M up.
Residential Transactions Only. Fees quoted herein relate to residential transactions only. Commercial transactions are case-by-case. Inquire.
Consult Us BEFORE Both Parties Sign the Contract. In Texas, the earnest money contract substantially controls a real estate transaction, the rights and remedies of the parties, special requirements for closing, and the content of closing documents. After the contract has been signed, the opportunity to affect these factors and modify the contract to the client’s advantage may have been lost. We may decline to accept cases where the contract has already been signed.
Review/Comment is NOT Full Representation. A review/comment consultation is a detailed discussion but it is still a one-time event that is limited in time (one hour) and scope (the document being reviewed). Review/comment is a form of stand-alone legal consultation. It is not full representation in the entire transaction from contract through closing. After one hour of attorney time or after three business days (whichever comes first), the review/comment process automatically concludes.
Existing Homes Only. We do not review new construction contracts. These are usually non-negotiable by the builders except for price and other deal points. Attempting to negotiate legal terms is usually futile. We may, however, be available for a commission rebate arrangement.
Complex, Non-Standard, or Higher-Dollar Transactions. Since real estate transactions can vary considerably, quotes herein are guidelines only. We may, at our discretion, offer a fee arrangement that differs from these guidelines in cases of complex, non-standard, or higher-dollar transactions. In such situations we are likely to default to an hourly fee arrangement.
Contract Preparation. We are also available to prepare (not just review) earnest money contracts. Fees are $350 for a sales price of up to $1M; $450 for a sales price from $1M up to $2M. Over $2M, inquire.
Format. Format of the contract we prepare is the TREC 1-4 contract reproduced in Word (so that you can easily amend it if needed) with suggested additional custom provisions (clearly highlighted) that are designed to enhance the position of buyer or seller, as the case may be.
Contract Preparation Does Not Include Custom Addenda. Special Provisions Addenda (discussed below) are not included in the above flat fees. These are separate add-ons that begin at $250 per addendum (template) or $350 (we prepare).
Excludes Negotiations. A flat fee for contract or addendum preparation is a one-time stand-alone fee. It does not include subsequent negotiations or future revisions.
Adding a Special Provisions Addendum. Standard contracts, whether TREC or TAR, are good contracts but are very limited in the way they can be customized to the client’s advantage. Adding a custom Special Provisions Addendum can significantly improve the client’s legal position beyond the TREC or TXR form (e.g., “as is” clauses for sellers, property condition disclosure clauses for buyers).
Creative Transactions. A special provisions addendum is especially important (even essential) in creative transactions such as wraparounds, seller-finance, and sub2s. Fees begin at $250 per addendum (template) or $350 (we prepare).
There are many possibilities and combinations in this area that are too numerous to list here. Specific fee details for closing document packages are listed on the Fees & Policies page of the website, or inquire.
Flat Fees for Full Advice and Counsel Throughout the Transaction
Sales Price up to $1M: $1,000. Advance non-refundable retainer of $500 with $500 due at closing. Three-hour cap. Excess hours billed at the hourly rate.
Sales Price $1M to $2M: $1,500. Advance non-refundable retainer of $750 with $750 due at closing. Three-hour cap. Excess hours billed at the hourly rate.
Sales Price over $2M: Inquire.
Retainers are Non-Refundable. The retainers mentioned above are paid in advance as non-refundable flat fees that are not subject to hourly accounting and are not contingent upon whether or not the transaction successfully closes. If the transaction does not close, however, nothing further is owed.
Fees are Per Transaction. All fees quoted in this section are flat fees per property and per transaction (i.e., a single retainer does not cover multiple offers, properties, or transactions). Regardless of outcome, all retainers of this type expire after 30 days.
$450 Hourly Rate. Although we make every effort to quote flat fees, hourly-rate billing arrangements are more appropriate in certain complicated situations. At our discretion, we may decide to offer an hourly arrangement instead of a flat fee.
One-Hour Minimum. Retaining us involves a non-refundable one-hour minimum to start, then $450 per hour thereafter. There is no partial-hour accounting for the first hour. The first hour is non-refundable. It is earned when paid. Advance additional retainer installments may be required moving forward since we do not send bills after the fact. Retainers may not reach zero unless the matter is concluding. Retainers must be kept current or legal services cease.
Hiring a Lawyer instead of a Broker. There is a new idea that hiring a real estate attorney instead of a real estate broker is a way to get the same services by paying only a low flat fee instead of a brokerage commission. This is a myth. It is false for at least two reasons: (1) legal and brokerage services are not the same; and (2) if many hours of hard work need to be done then someone must be paid for that time, whether that person is a broker or a lawyer. There is no free lunch. The bottom line is this: hiring a lawyer is not a way to obtain full brokerage services without paying a real estate commission. One cannot get these same services by paying a low flat fee to a lawyer.
Legal Services are Different from Broker Services. Lawyers do not typically submit offers and counteroffers; list or show properties; arrange for surveys, inspections, appraisals, or repairs; or assist with financing. This office provides legal advisory and representation services only. We do not perform the full range of services that real estate brokers and agents provide. If you need this broader level of assistance then you should engage a full-service real estate broker.
Our Attorney Also has a Real Estate Broker’s License. However, this office is primarily a law firm. Our attorney does not offer full-service brokerage services. TREC rules require us to direct you to TREC’s Information about Brokerage Services at https://lonestarlandlaw.com/wp-content/uploads/2020/04/IABS-1-0.pdf.
$450 Hourly Rate. Although we state certain flat-fee guidelines below, there is always the option of an hourly-rate billing arrangement. At our discretion, we decide to offer an hourly arrangement instead of a flat fee. This may be more appropriate and equitable in certain situations. In hourly billing, the client agrees to pay for the time it takes a qualified real estate lawyer to do what the client has asked him to do.
Yes. Notwithstanding the new rules following resolution of the NAR litigation, the traditional commission arrangement (the seller’s broker splits the commission with the buyer’s broker) is still available by agreement. It is just that a seller is no longer required to do this (to pay the buyer’s agent’s commission). Compensating the buyer’s representative is now an optional choice on the part of the seller. It is a matter of contract between the parties. It is likely that this practice will continue to be widespread because, on a practical level, it works well for everyone in the real world.
Because our attorney has a broker’s license, a partial commission rebate (net after taxes) may be available to buyers at closing but only if you use our firm for the entire transaction and you are not already represented by an agent or broker. In such cases, our fees are usually 1/3 of the total subject to a 1% minimum. A post-closing check is written to the client (net after taxes). The gross commission is assumed to be the customary 3% per side. These are guidelines and may be varied at our discretion. We will need to discuss and review the specifics before committing to this arrangement.
Clear Attorney-Client Agreement. Before engaging us for your transaction, we need to have a clear understanding of the extent and scope of legal services we are agreeing to provide. Each fee agreement is subject to our review and prior approval before acceptance. We accept or decline cases in our discretion. Please do NOT assume that certain fees will apply in your specific case. Our agreement is required. Please do NOT make payment until we have a clear attorney-client agreement.
Use a Title Company for Escrow, Title Work, and Closings. We offer legal counsel, document preparation, and representation services only. We do not conduct in-office closings, escrow and distribute funds, or offer title insurance. (Another myth is that these services are free at a lawyer’s office.) An established title company is recommended.
Terms of Service. Our posted terms of service (see “Fees and Policies” on the website) apply to all clients without exception. By proceeding, you unconditionally accept these terms of service.
Customary Parameters are Assumed. Flat fees quoted above are guidelines based on our experience with similar transactions of the same type and category. In certain situations, at our discretion, we may choose to offer a prospective client a different fee arrangement than the flat fees quoted above. Real estate transactions can be unpredictable, so flexibility is required.
Online Assistance. The low flat fees mentioned are for online services and do NOT include in-person office meetings.
Limited Liability. In the case of limited services (i.e., not full representation in the entire transaction, an example being just contract review/comment and nothing more) the client agrees that our law firm shall have no professional liability whatsoever for portions of the transaction that were not handled or advised upon by us.
12. Residential Real Estate Documents - Policies that Apply
Document Preparation for New Clients is Handled Exclusively Online. All residential real estate documents are now efficiently handled online, not in the office. Documents are delivered by email in pdf format. Note please that a document order does not also include a consultation on how to use the document in a particular transaction. In a flat-fee system, a document order and a consultation are separate items. If in doubt as to how to proceed, one should always start with a consultation.
Consultation Recommended Prior to Ordering Documents. Unless you are absolutely certain that a particular type of document is what is needed, and you are absolutely certain of its legality and suitability in the circumstances, a paid consultation is recommended so we can review your case and determine the correct legal solution. If we invest time and work, and it turns out that the document you ordered was not the correct solution for the situation, and a change of documentation or refund is requested, then an appropriate fee for our time and efforts (not less than a consult fee) will apply.
DIY Misdiagnosis. We do not assume the risk of loss if the client makes an incorrect DIY diagnosis or decision about which document is needed and then orders the wrong one. Proceeding without an initial consultation has its risks. If in doubt, start with a consult.
Copy of Existing Deed. We will need a copy of the existing warranty deed to the property. Alternatively, if you have a copy of a recent title commitment, we can work from that instead. Please do not mail us your original documents.
Full Street Address. We will need the full street address of the property. If we are preparing multiple deeds, we ask that you write the full street address of the property at the top of the deed that you are sending. This enables us to match the property with the deed copy you send.
LLC as Buyer or Seller. If an LLC is seller or buyer (grantor or grantee) we will need please a copy of the Secretary of State’s approval document for the LLC (the Certificate of Filing).
Limitations. Document preparation is a limited, closed-end service that does not include ongoing legal advice and counsel. Engaging us to prepare a document is NOT the same as retaining us to represent you in a real estate transaction. Representation is available, but not at a low doc-prep fee. Please be clear on this limitation. The biggest source of misunderstanding in this area occurs when the client pays only for document preparation but then expects full representation in the transaction from the attorney. If in doubt, inquire.
Completion and Finality of Documents. Doc prep fees are for document drafting/review/correction only in the immediate time frame. Three business days after delivery of documents to the client, all documents provided are automatically considered final. A document preparation fee is not a lifetime retainer for an indefinite number of changes forever, at least not in a flat-fee system. Requesting changes weeks, months, or years later (yes, this happens) will incur additional charges.
Recording Excluded. Fees quoted always exclude recording of documents with the county clerk and any other costs or actions that may be required. (In a flat fee system, each item and action is separate.) Our clients generally record their own documents since they have the original in hand.
Notes on Document Recording. Only signed and notarized original documents can be recorded with the county clerk. We cannot record copies. This is the reason clients generally record the deed themselves. In unusual circumstances, if we agree to record documents, add $50 for handling plus the amount of the recording fee, since the signed and notarized original must be sent back to us for filing, which is a cumbersome process. Add $25 if we are named as trustee in a deed of trust.
Keying in Metes and Bounds. If there is a metes and bounds legal description (rather than the usual lot and block) that needs to be re-keyed by us, an additional fee of $75 per document applies. However, we must reserve some flexibility on this since some custom descriptions are extremely lengthy and will incur a higher fee. Inquire if you have one of those.
Fees Quoted are Guidelines Only. The inclusion of custom or creative provisions may increase the fee for a document. A specific quote in a specific circumstance may vary accordingly. So the foregoing should be considered guidelines since no two cases are alike.
Documents are Proprietary and Supplied PDF Format. Deeds are supplied in pdf format only. These are proprietary documents subject to copyright and are licensed (not sold) to the client for single use in a specific transaction. They may not be copied, disseminated, or re-used.
12A . Residential Real Estate Documents - Deeds, Notes, and Deeds of Trust
Fees for Deeds:
simpler deeds: $450. Fee drops to $350 for 3 or more at the same time.
complex or creative deeds: $550 and up
deed into a traditional LLC or other entity: $450
deed into separate series of a series LLC: $450
deed of homestead into living trust or land trust: $550
transfer on death deed (TODD): $550
deed in lieu of foreclosure (unilateral DIL): $550
deed in lieu of foreclosure (bilateral, including lien release): $650
deed conveying life estate: $550
deed utilizing/referring to power of attorney: $475 (does not include POA)
deed without warranties: $450
wraparound deed (wrapping one note): $550
wraparound deed (wrapping two notes): $575
“subject to” deed (simpler, general clause): $450
“subject to” deed (detailed reference to existing note): $550
divorce special warranty deed: $550. Add deed of trust to secure assumption for a total of $650. Does not include divorce representation.
Deeds Containing Agreements
deed containing survivorship agreement (JTWROS): $550
deed containing community property partition agreement: $550
deed containing a brief JV agreement for investors: $575
Correction Deeds and Cancelation of Deed
deed – correction instrument: $550
deed – cancelation of deed: $450
Note: The above-quoted fees are guidelines. If the legal description is metes and bounds rather than simple lot and block, add $75. Complex circumstances and/or the inclusion of custom or creative provisions also increases the fee.
12B. Residential Real Estate Documents - Other
Earnest Money Contracts:
Sales Price up to $600,000 – $550
Sales Price of $601,000 to $1,100,000 – $525
Sales Price of $1,100,000 to $5,000,000 – $750
Special Provisions Addendum Modifying TREC or TAR Contract:
For sales price up to $600,000 – $350; sales price of $601,000 to $1,100,000 – $375; sales price of $1,100,000 to $2,999,999 – $450; sales price of $3,000,000 to $4,999,999 – $525. These fees apply in 90% of cases; however, a very heavily customized or negotiated addendum would be handled at our discretion on an hourly basis ($375, two-hour minimum).
Assignments:
assignment of residential earnest money contract: $550 simple, $750 complex
assignment of note and lien: $550 simpler, $750 more complex
assignment of lease: $425 template, $550 custom
assignment of option: $425 template, $550 custom
assignment of trust beneficial interest: $550 simpler, $750 more complex
Releases:
release of note and lien: $450
release of lis pendens: $450
release of judgment lien: $450
Leases, Lease-Options, and Lease-Purchases:
landlord-oriented residential lease: $295 template, $550 custom
modification to lease agreement: $295 template, $550 custom
special provisions addendum to lease agreement: $450
cancellation and termination of lease agreement: $450
lease-option agreement: $575 (subject to limitations – read Lease-Options in Texas)
lease-purchase: $450 template, $750 custom (subject to limitations – read Lease-Purchases in Texas)
Options to Purchase:
option to purchase addendum for attachment to client’s lease: $550
residential option agreement – stand alone, not attached to lease: $650
Creative Closing Documents:
Residential owner financing documents (warranty deed, note, and deed of trust): see Section 13 below (custom docs prepared by us) and Section 14 below (investor templates)
Residential “subject to” documents: see Section 13 below (custom docs prepared by us) and Section 14 below (investor templates)
Residential wraparound documents: see Section 13 below (custom docs prepared by us) and Section 14 below (investor templates)
Land trusts: see section 29 below (custom docs prepared by us) and Section 14 below (investor templates)
Affidavits:
affidavit of heirship: see section 27 below
affidavit of adverse possession: see section 32 below
affidavit – misc. minor affidavits (e.g., homestead, marital status, etc.): $350
Powers of Attorney:
special power of attorney (limited to single asset): $450 simpler, $550 complex
general power of attorney (all assets): $450 simpler, $550 complex
Foreclosures and Evictions:
See section 30 below.
Miscellaneous Residential Documents:
company resolution approving loan app or purchase/sale of property: $350
partition agreements dividing community property: $1,250
notice of lis pendens: $450 (presumes a valid lawsuit on file)
boundary agreement: $750 (simpler) to $1,500 (more complex)
13. Residential Closing and Loan Documents – Third-Party Finance, Owner Finance, Wraps, Land and Homestead Living Trusts, and “Subject To” Transactions
Consultation Recommended Prior to Ordering Closing Documents. This is a complex area. Unless you are absolutely certain that a particular type of document is what is needed, and you are absolutely certain of its legality and suitability in the circumstances, a paid consultation is recommended so we can review your case and determine the correct legal solution.
Skipping the Initial Consultation. You can do this and go straight to ordering documents, but there may be adverse consequences. For example, if we invest time and work, and it turns out that the document you ordered was not the correct solution for the situation, and a change of documentation or refund is requested, then an appropriate fee for our time and efforts (not less than a consult fee) will apply. In other words, we do not assume the risk of loss if the client makes an incorrect DIY diagnosis or decision about the strategy or document that was needed. Proceeding without an initial consultation has its risks.
Third-Party Financed Transactions involving Residential Property. Includes warranty deed, one note, and one deed of trust. For sales price up to $600,000 – $950; sales price $601,000 to 1,000,000 – $1,150; sales price $1M to $3M – $1,550; sales price over $3M – inquire. All excluding recording of documents. Add $25 if we are named as trustee in the Deed of Trust. Add $75 if metes and bounds (rather than lot and block) must be keyed in by us.
Assumption Transactions (Secured). Includes a General Warranty Deed with Vendor’s Lien; a Deed of Trust to Secure Assumption; and an Assumption Agreement (but only if the terms of sale warrant one). For sales price up to $600,000 – $750; sales price $601,000 to 1,000,000 – $850; sales price $1M to $3M – $950; sales price over $3M – inquire. All excluding recording of documents. Add $25 if we are named as trustee in the Deed of Trust.
Owner-Financed Transactions (for paid-for properties). Fees are: for sales price up to $600,000 – $950; sales price $601,000 to 1,000,000 – $1,150; sales price $1M to $3M – $1,550; sales price over $3M – inquire. All excluding recording of documents with the county clerk. Add $25 if we are named as trustee in the Deed of Trust. Add $75 if metes and bounds (rather than lot and block) must be keyed in by us. Includes one Real Estate Lien Note, one General Warranty Deed with Vendor’s Lien, and one first-lien Deed of Trust.
Living Trusts for the Homestead, Investor Land Trusts, Anonymity Trusts, and Trust-Related Documents. See section 29 for description of documents and fees.
Attorney as Trustee. For liability reasons, we never serve as trustee for our clients’ land trusts or living trusts. Trusts have no liability barrier. If the trust is sued, it is the trustee who is named (personally) as the defendant.
Explanation of Wraps. In a wraparound transaction, the buyer takes title “subject to” the existing indebtedness on the Property (the “Wrapped Indebtedness”), meaning that the buyer gets a deed but makes no promise to pay the original loan. Under a wraparound arrangement the buyer instead makes payments to the seller on a separate Wraparound Note; the seller in turn makes payments to the existing lender. The buyer does not formally assume the Wrapped Indebtedness. The seller continues to be obligated to pay the Wrapped Indebtedness every month and promises to continue to do so. This wraparound arrangement continues until the maturity date of the Wraparound Note.
Legal Changes in 2022. Statutes governing wraparounds (the Finance Code and Property Code) were significantly amended in 2022 and there are more requirements than existed previously. Extensive new requirements make the process much more challenging. This increased government regulation has resulted in a fee increase for wraps.
Letter of Intent: Beginning with a letter of intent is an excellent idea for wraparounds. It is an easy way to make sure you actually have an agreement on the main terms of the wrap. We offer a template for this.
Custom Wraparound Addendum. The best way to assure success of your wrap transaction is to use our custom wraparound addendum to the TREC 1-4 contract. Why? Because neither TREC nor TR promulgate a standard contract addendum that is sufficient to do a wrap properly. (There is a Seller Financing Addendum, but this falls far short of describing all wrap provisions.) There are many, many wrap details that the TREC contract and addenda leave out. Our long experience has shown that failure to get early agreement on the specific details of a wrap causes the transaction to fail at closing, with lots of wasted time on everyone’s part.
We Can Represent Only ONE Party. Because the newly-amended wraparound laws (amended in 2022) are different and more complex for buyer and seller, we cannot “represent both sides” in a wrap transaction. Our office must be designated as representing either buyer or seller. The other party must be advised to seek its own legal counsel.
Wrap Negotiations. We prepare wrap documents for either buyer or seller. If we are asked to participate in negotiations about the wrap with the other party then the other party is required to have an attorney. We will not attempt to negotiate complex wraparound documents with a non-attorney. The legal technicalities involved are just too significant.
Wrap Closings. New legal requirements make it necessary to close a wrap either at a title company or a law office.
We Do Not Do In-Office Closings. You Will Need a Title Company. We prepare documents only (we do not do in-office closings) so it would likely be necessary to start the process in the traditional way – i.e., with an earnest money contract and opening title with a title company in anticipation of a formal closing. This requires the seller to purchase an owners policy of title insurance for the buyer. Alternatively, one can look for a lawyer who is willing to close a wrap transaction in his or her office. At present, we do not know of one. Many attorneys now decline to handle wraps at all. For a summary of the new law regarding wraparounds, see our current web article on this subject.
Wraparound Templates in Word. The list of wrap-related templates we offer (excluding the TREC 1-4 contract) is as follows:
1. Wrap Letter of Intent
2. Custom Wrap Addendum to TREC 1-4 Contract
3. 7 Day Notice to Purchaser (Existence of Prior Liens) pursuant to Prop. Code Sec. 5.016 (not applicable where a policy of title insurance will be issued to the purchaser);
4. 7 Day Notice to Lienholder of proposed sale of security property pursuant to Prop. Code Sec. 5.016;
5. 7 Day Notice to the Buyer pursuant to Finance Code Sec. 159.101 as to potential property insurance coverage issues (must be given at least 7 days before closing);
6. General Warranty Deed with Vendor’s Lien (containing specific wrap language)
7. Wraparound Agreement covering miscellaneous details of the wrap;
8. Wraparound Note (new note payable to the seller which is subordinate to the existing wrapped note);
9. Wrap Deed of Trust securing payment of the wraparound note;
10. Wrap Agreement
11. Special Power of Attorney for Borrower to Contact Lender
12. Dodd-Frank Compliance Sheet – Seller’s Compliance with the Ability-to-Pay Rule for the seller’s file;
Fees for Templates. Templates may be purchased for $250 each or $950 for all. Note that some transactions may not involve all the documents on this list. This list does not include the two releases of note and liens that will be required at the end of the wrap note term. (Both the wrap note and the wrapped note must be eventually released in the real property records.)
Customization Required. Although the templates are largely self-guiding, with choices offered between different provisions depending (for example) on whether the client is the buyer or seller, all of our templates require a certain measure of customization. No template can ever anticipate all contingencies.
Certain Expertise Required. These are not simplistic fill-in-the-blank forms. If you do not have at least a basic level of expertise and experience in real estate, business, and word processing, these templates are NOT for you. Request custom documents prepared by an attorney instead.
What Templates Do Not Include. When purchasing a template, you are acquiring a legal template for your own use. Purchasing a template does NOT include a consultation on how to use it. In a flat-fee system, a document order is a separate item from a consultation. Clients can choose either or both. Also, purchase of a template is NOT a retainer for ongoing legal advice or services. You are NOT hiring our attorney to represent you or advise you or negotiate on your behalf. These services are certainly available but not at the low flat-fee cost of a template. Please ask any questions you may have on the scope of legal services before proceeding.
Liability Limitation. Our firm disclaims any liability whatsoever, and the client unconditionally indemnifies and holds us absolutely harmless, from the final form, content, and/or manner in which these templates are customized by the client and used in any transaction in which we are not actively and directly involved as the client’s attorney.
Intellectual Property. Purchase of a template involves acquisition of unique and valuable intellectual property. Once it has been transmitted to the client, there is no return and refund. All templates we offer are licensed to the purchaser (only) for unlimited personal use but not for publication or dissemination to others, which is absolutely prohibited.
Custom Attorney-Prepared Wrap Documentation. We are also available to prepare custom wrap documents. Assuming no complications, legal fees for wrap document preparation are $1,250 if we represent the buyer (no statutory notices provided) and $1,550 if we represent the seller (format of notices are provided by us to be sent by client-seller).
Fees exclude recording of documents with the local county clerk. Payment must be received prior to preparation and delivery of legal documents. Payment of fees is not contingent upon closing. In other words, our office does not take the risk of spending time preparing legal documents and then having the transaction not close for some reason.
As to the 7-day notices, we supply the seller with simple blank templates for the required notices to the buyer and the lender. We do not fill them in. It is up to the seller to fill those templates in and see that they are properly sent or delivered.
Add $75 if a metes and bounds legal description (rather than lot and block) must be keyed in by us. Add $250 if a down payment note is also needed.
Document Preparation Only. Fees quoted in the above paragraph are for document preparation only, not full representation in the entire transaction (which is $450 per hour).
Fees for Complex or High-Dollar Wraps. Not all wrap transactions are straightforward. They can get complex and full of special provisions. More customized, complex, or high-dollar wrap transactions are in a different category. They cannot be handled for the flat-fees quoted above. Inquire for a custom quote. In such cases, we may require an initial consultation (rather just accepting an order for wrap docs) so we can ascertain clearly what exactly is going on – and if it is possible to do the transaction the way the client intends.
Multiple Wrapped Notes. If two notes are being wrapped, add $750. For a down payment note, add $350. Note that very complex custom wrap transactions are in a different category. They cannot be handled for the flat-fees quoted above.
Commercial Wraps. The above fees are for residential transactions. For commercial wraps, inquire. An initial consultation is required for commercial wraparounds.
Payment. Advance payment is required. Payment options are located on the website at https://lonestarlandlaw.com/payment.
“Subject To” Transactions – Custom Document Preparation. Includes review/comment on the client-prepared TREC 1-4 contract plus our custom Sub2 Addendum (necessary to adapt the TREC contract for a Sub2); plus legal closing documents including a Sub2 General Warranty Deed (either with or without a vendor’s lien), a Sub2 Agreement (if needed), and such additional miscellaneous Sub2-specific documents as may be advisable. For sales price up to $600,000 – $950; sales price $601,000 to 1,000,000 – $1,150; sales price $1M to $3M – $1,550; sales price over $3M – inquire. Documents supplied in pdf format. We also offer a Word template package for subject to transactions (see section 14 below).
Document Prep Fees Versus Full Transactional Representation. There is difference between broader representation in the transaction versus the narrower task of document preparation only, and our quoted fees reflect this. If we are engaged for document preparation, then legal fees are for document preparation only, not for full representation in the entire transaction (negotiations and representation vis a vis other parties or their brokers, agents, or attorneys. The biggest source of misunderstanding between attorney and client in a real estate transaction occurs when the client pays only for document preparation but then expects full representation in the transaction from the attorney.
Broader Representation Available. Should you need broader transactional representation from contract through closing (i.e., more than just document preparation), we are available. Inquire.
We Represent Buyer or Seller Only. This office is often asked to “represent both sides.” This is impossible and we do not do it. Our advice and documents are designed to favor our client. If the other side needs legal advice, they must engage their own counsel. We will give them no legal advice whatsoever.
Documents are Proprietary and Supplied PDF Format. All documents in this section are supplied in pdf format only. These are proprietary documents subject to copyright and are licensed (not sold) to the client for single use in a specific transaction. They may not be copied, disseminated, or re-used. We do not supply templates in Word unless they are expressly offered as such in section 14.
Recording of Executed Documents. If this office is asked to file documents with the county clerk, add the estimated filing fees plus $50 per document for handling. Note that this necessitates sending the executed and notarized originals back to us. It is usually more efficient for the client to record documents directly with the local county clerk.
Advance Payment Required for Document Preparation. Fees for closing documents are payable in advance, not at closing (in other words, we do not take the risk that the transaction will not close) and always exclude filing fees. Our doc prep charges are for documents only. Free closing and escrow services are not included in document preparation fees. Our clients are encouraged to use an established title company in conjunction with our legal services.
Finality of Documents. Document preparation fees are for document drafting/review/correction in the immediate time frame. Three business days after delivery of documents to the client, all documents provided are automatically considered final. A document preparation fee is not a lifetime retainer for an indefinite number of changes forever, at least not in a flat-fee system. Requesting changes weeks, months, or years later (yes, this happens) will incur additional charges.
14. Investor Templates for Residential Investors (Templates for Wholesaling, “Sub2s", Wraparounds, Hard-Money Lending, and Individual Miscellaneous Documents)
Customization Required. Although our templates are largely self-guiding, with choices offered between different provisions depending (for example) on whether the client is the buyer or seller, all of our templates require a certain measure of customization. No template can ever anticipate all contingencies.
Certain Expertise Required. These are not simplistic fill-in-the-blank forms. If you do not have at least a basic level of expertise and experience in real estate, business, and word processing, these templates are NOT for you. Request custom documents prepared by an attorney instead.
What Templates Do Not Include. When purchasing a template, you are acquiring a legal template for your own use. Purchasing a template does NOT include a consultation on how to use it. In a flat-fee system, a document order is a separate item from a consultation. Clients can choose either or both. Also, purchase of a template is NOT a retainer for ongoing legal advice or services. You are NOT hiring our attorney to represent you or advise you or negotiate on your behalf. These services are certainly available but not at the low flat-fee cost of a template. Please ask any questions you may have on the scope of legal services before proceeding.
Liability Limitation. Our firm disclaims any liability whatsoever, and the client unconditionally indemnifies and holds us absolutely harmless, from the final form, content, and/or manner in which these templates are customized by the client and used in any transaction in which we are not actively and directly involved as the client’s attorney.
Intellectual Property. Purchase of a template involves acquisition of unique and valuable intellectual property. Once it has been transmitted to the client, there is no return and refund. All templates we offer are licensed to the purchaser (only) for unlimited personal use but not for publication or dissemination to others, which is absolutely prohibited.
Terms of Service. Our terms of service (https://lonestarlandlaw.com/fees-and-policies) apply to all purchasers of templates. By purchasing a template, the client unconditionally agrees to these terms.
Templates for Use with TREC Residential Earnest Money Contracts:
Special Provisions Addendum for Buyers of residential property: $250
Special Provisions Addendum for Sellers of residential property: $250
Templates for Wholesaling (Assignment) of Earnest Money Contracts:
Letter of intent regarding contract assignment (non-binding)
Wholesaling Addendum to TREC 1-4 Contract (investor-buyer-oriented)
Agreement to Assign Contract (interim agreement, investor-buyer-oriented)
Agreement to Assign Contract (interim agreement, investor-seller-oriented)
Final Sale & Assignment of Contract (investor-buyer-oriented)
Final Sale & Assignment of Contract (investor-seller-oriented)
These wholesaling templates may be purchased for $250 each or all for $950.
Templates for Promissory Notes:
Real Estate Lien Note: $250. Please specify which payment terms will apply (i.e., fully amortizing, balloon, etc.)
Unsecured Promissory Note: $250
Secured Promissory Note (Non-Realty): $250
Assignment of Note and Lien: $250
Templates for “Subject To” Transactions:
Sub2 Addendum to the TREC 1-4 Contract
Sub2 7-Day Notice by Seller to Lienholder (Prop. Code Sec. 5.016)
Sub2 – Power of Attorney Granted to Buyer to Contact Lender
Sub2 Agreement (addressing additional transactional details)
Sub2 Warranty Deed – With Vendor’s Lien in Favor of Seller
Sub2 Warranty Deed – No Vendor’s Lien
These Sub2 templates are available individually for $250 each or $950 for all. Note that templates do not include a free consultation on their use. In a flat-fee system, a document order is a separate item from a consultation. Clients can choose either or both. Also, our templates require a measure of sophistication and knowledge of real estate. They are lawyer-level templates and not just fill-in-the-blank forms. If you do not have a basic level of expertise, custom documents prepared by our attorney are suggested.
Templates for Wraparound Transactions:
Wrap Letter of Intent
Wrap Addendum to TREC Contract – Buyer-Oriented Version
Wrap Addendum to TREC Contract – Neutral Version
Wrap Addendum to TREC Contract – Seller-Oriented Version
7 Day Notice to Lienholder – Pending Title Transfer
7 Day Notice to Purchaser (Existence of Prior Liens)
7 Day Notice to Purchaser (Regarding Property Insurance)
Wraparound Note
General Warranty Deed with Vendor’s Lien
Wraparound Agreement
Wrap Deed of Trust – Borrower-Oriented
Wrap Deed of Trust – Seller-Oriented
Wrap Seller’s Statement of Dodd-Frank Compliance with ATR Rule
Special Power of Attorney to Obtain Payoff Information
These may be purchased for $950 for all or individually for $250 each. Note that these templates apply to the one-time wrapping of a single note. (These are not “double wrap” or “mirror wrap” documents.)
Wraparound Templates Require Knowledge of Real Estate and Business. Wraparounds are complex non-standard transactions subject to extensive legal regulation. They are the most difficult of all residential transactions. If you do not have a significant level of expertise and experience in real estate, these wraparound templates are not for you. We suggest that you request custom documents prepared by our attorney instead. Templates are never a substitute for consulting an attorney.
Templates for Owner-Financed Transactions:
Refers to a “classic” owner finance scenario where the property has no current liens or indebtedness. Owner-financing template package includes one Real Estate Lien Note (first lien), General Warranty Deed with Vendor’s Lien, and Deed of Trust. Also included is a template for a deed in lieu (conveying property back to the seller in the event the buyer defaults): $850 for all. Each of these owner financing templates is available individually for $350 each. Please specify if needing buyer or seller-oriented documents.
Templates for Hard-Money Lending:
Letter of Intent for Hard-Money Loan
Real Estate Lien Note for Hard-Money Lenders
Deed of Trust and Security Agreement
Loan Agreement
Affirmation Document for Signature by Borrower
Joint Venture Agreement
Hard-Money templates are $250 each or $950 for all.
Templates for Warranty Deeds
General Warranty Deed (Subject To): $375
General Warranty Deed (Owner Finance): $375
General Warranty Deed (Wraparound): $375
General Warranty Deed into investors with language creating a joint venture: $550
Correction Deed (“correction instrument” under the statute): $350
Cancelation of Deed: $350
Deed in Lieu of Foreclosure (favors the lender/grantee): $375
Templates for Residential Leasing:
Residential Lease Agreement (Fair and Balanced – in Word): $175
Modification/Amendment to residential lease agreement: $250
Assignment of Residential Lease: $250
Templates for Asset Protection:
Equity Stripping Documents (Secured Line of Credit Note for 1M; Deed of Trust and Security Agreement; Company Resolution; Line of Credit Agreement; Release of Lien). $750
Option Templates for Residential Transactions:
Option to Purchase Agreement (179 days, to be attached as an addendum to a lease): $450
Residential lease template plus Option to Purchase Template (179 Days): $450
Option to Purchase (stand-alone, no lease attached): $450
Templates for Trusts:
Entry land trust documents (includes four documents): an assignment of earnest money contract, a trust agreement, a general warranty deed into the trust; and an assignment of beneficial interest to an end user. $950
Certification of Trust: $275
Assignment of Trust Beneficial Interest: $350
Affidavit Templates:
Marital Status Affidavit: $250
Same Name Affidavit: $250
Homestead Affidavit: $250
Adverse Possession Affidavit: $550
Partnerships and Joint Venture Templates
Joint Venture Agreement (for rehab and flip): $550
Templates for Legal Notice & Demand Letters
First required foreclosure letter – Notice of Default & Intent to Accelerate: $350
DTPA 60-day notice and demand letter: $350
Miscellaneous Templates:
Property Management Agreement: $250
Confidentiality & Non-Compete Agreement: $350
Release of Lien(s): $250
15. Buying and Selling Commercial Properties – Review/Comment on Earnest Money Contracts, Title Commitments, and Closing Documents
This section covers our review/comment and representation services for commercial transactions.
General Policies and Considerations
Online Process. This process may now be efficiently handled entirely online rather than in the office. Office visits are not included in the flat fees quoted. It is not necessary to set a specific appointment day or time. Turnaround time is usually one to two business days from the time we receive advance payment and all necessary information from the client. Thereafter, you will have the opportunity to make changes and corrections. After three business days, the consultation automatically concludes and any documents we prepare are automatically considered final. Our availability is limited to traditional business hours subject to our posted vacation schedule.
Scope and Extent of Representation. Clients vary widely in what they want and expect from a lawyer in a real estate transaction. It is important for us to know what a client’s expectations are prior to quoting a fee. Some want only a contract and title commitment review with comments and suggestions (partial representation). Others want more comprehensive representation and counsel through closing – from A to Z – so it is important for an inquirer to specify the level of service being requested. Fees can be expected to increase as the proposed sales price increases.
The Importance of Hiring a Lawyer at the Beginning. Full representation from the beginning, before the contract is signed, is the best option for most clients, since it includes all of the various individual services that are itemized in this section. However, this option is not available if the earnest money contract has already been signed. At that point, the opportunity for a real estate attorney to modify the contract to the client’s advantage has largely been lost, a fact which significantly disadvantages the client for the entire remainder of the transaction. The contract controls the transaction, the rights and remedies of the parties, any special requirements, the conditions of closing, and the content of the closing documents.
Much of what a real estate lawyer can do for a client is forfeited when the lawyer is not engaged at the beginning of the process, before the contract is signed. This creates problems for the client as well as potential professional liability for the attorney (since the client often expects attorney to fix mistakes made in the contract, even though it is probably too late to do so). So we no longer offer total representation that commences in the middle of a transaction. Only specific, limited review/comment services are available after that.
Full Representation vs. Limited or Partial Representation. Full representation from contract through closing is the traditional, classic way to engage a lawyer in a real estate transaction. (Note that we use the term “representation” here broadly to include the giving of legal advice.) If one needs ongoing advice or documentation, or comments on multiple drafts of a contract as it goes back and forth; or if the client wishes broader representation vs. the other party or the attorney representing the other party; discussions with the client’s broker or the broker for the other party; explanation or cure of exceptions on the title commitment; and so forth, then the client should definitely request representation in the entire transaction.
Even though full representation is the preferred and traditional option, we are occasionally asked to review and comment on a single item (for example, the earnest money contract or the title commitment) – but we are not asked to represent or advise the client as to other parts of the transactional process.
Accepting limited or partial representation is a professional liability risk for the attorney, since he is involved in only a slice of the transaction but may be held responsible (in a professional liability sense) for all of it. This can be quite problematic for the attorney. He or she may not be allowed to see all relevant documents; examine correspondence; be able to evaluate title to the property; communicate with the other party or the title company; supervise the performance of thorough due diligence; or otherwise become involved in both small items as well as big picture.
Whenever we are asked to do less than represent the client in the entire transaction, we may at our discretion (1) decline the case entirely; or (2) require that the client sign a Limited Representation and Indemnity Agreement in order to expressly release us from liability for any parts of the transaction in which we are not involved.
Representation in the Entire Transaction Available Only if the Contract is Unsigned. This option is available only if the earnest money contract has not yet been signed. It is far and away the best option for most clients, since it comprehensively includes all of the various individual services that are separately itemized in this section. Fees for representation in the entire transaction are usually quoted as a flat fee based on the sales price and type of transaction.
Note that legal advice/representation in the entire transaction assumes that the client is also represented by an agent or broker. Please let us know now if you are seeking representation in the entire transaction and we will quote a fee (most often a non-refundable advance retainer against 1% payable at closing). Inquire. Before quoting, we will need to know if you are the buyer or the seller; whether you are represented by an agent or broker; and the anticipated purchase or sales price.
Policies Specifically Applicable to Review/Comment on Contracts
What is review/comment? Review/comment by a lawyer on a contract is a systematic number-by-number review and comment on the contents of individual paragraphs in the contract. We may recommend strike-outs, insertions, and deletions at various locations in the contract. We may have comments about the advisability of this clause or that. However, we do not-re-write the contract.
Note also that review/comment does not include a Special Provisions Addendum (see below) which is often useful, particularly for sellers, but is a separate billable item. Fees for review/comment assume that you have a TREC or TAR earnest money contract that is already fully prepared and ready to present to us for review and comment.
Review/Comment on the Contract vs. Representation in the Entire Transaction. Review/comment on a contract or a title commitment (or similar specific and limited service) is a one-time event which concludes after the attorney provides comments and answers to client questions during the allowed time. Such services incur a one-time fee and then conclude. They do not go beyond the specific service or encompass other aspects of the transaction or continue forward in time.
If one needs ongoing advice or documentation, or comments on multiple drafts of a contract as it goes back and forth; or if the client wishes broader representation vs. the other party or the attorney representing the other party; discussions with the client’s broker or the broker for the other party; explanation or cure of exceptions on the title commitment; and so forth, then review/comment on the contract would not be the appropriate choice on our fee schedule. Instead, the client should request representation in the entire transaction.
Review/Comment is Not a Total Re-Write. Please note that the flat-fee review and attorney comment process offers exactly that. It is important to be clear on this point. If a contract is so flawed, deficient, or incomplete that it must be entirely re-written or replaced, then clearly more attorney time will be involved. In so doing, we move out of the review/comment category and into the category of creating a custom contract, which can be expected to incur higher fees. Our $375 hourly rate with a two-hour minimum will likely apply.
TREC and TAR Standard Contracts. Flat fees quoted for review/comment on existing contracts apply only to standard TREC, TAR, and/or MLS forms, contracts, and addenda.
Review of Custom (Non-Standard) Contracts. We are occasionally asked to review entirely custom contracts, out-of-state forms, investment seminar forms, or documents obtained from the internet in order to determine whether they would be valid in Texas. It is not feasible for us to do this for the flat fees quoted below. However, we may be available on an hourly or flat-fee retainer basis for such tasks – inquire.
Review/Comment on a Contract Does Not Include Negotiation of the Contract. Review/comment is a specific limited service rendered for a flat fee. It does not include negotiations with the other party. Review/comment on the contract is not a broad or open-ended retainer for the transaction generally or any other additional services relating to the transaction. Open-ended representation is certainly available, but not at the review/comment fee level. Inquire about representation in the entire transaction.
Exclusions from Review/Comment. An order for review/comment (only) is a limited service and does not include review/comment on the title commitment or review or preparation of closing documents such as the warranty deed. Unless we are retained for the entire transaction, these are separate billable services.
For residential buyers, a line-by-line review of subdivision restrictions (CC&Rs) is not included in review/comment or in any flat fees quoted, although specific questions can be asked and addressed on an hourly basis (one hour minimum in addition to the review/comment.
Also, in the case of review/comment only, you are not entitled to use our name in the contract as your attorney, since review/comment only does not involve any on-going legal advice or dealings with the other party.
Limited Representation Agreement. Whenever we are asked to do less than represent the client in the entire transaction, we require that the client sign our Limited Representation Agreement in order to expressly release us from liability for any parts of the transaction in which we are not directly involved.
Policies Relating to Real Estate Brokers and Brokerage Services
Are you represented by a real estate broker? We assume you have secured the services of a qualified real estate agent or broker who will be performing the usual duties of preparing, submitting, and negotiating offers and counter-offers; engaging in back-and-forth with the other party; arranging for the structural and mechanical inspections, the appraisal, environmental testing, the survey, and other specialized third-party services; assisting with loan application and qualification questions; and so forth. These are not customarily a lawyer’s duties and are not included in the flat-fee legal services we offer.
We do our best to offer first-rate legal services and documents. However, consulting an attorney is not a substitute for obtaining the services of a qualified agent or broker who knows the market and provides other services that are not strictly legal in nature. When functioning as a law firm (and not a broker), we do not take on any duties customarily associated with agents and brokers unless we are expressly retained to do so.
If the Client is Not Represented by an Agent or Broker. If we are asked to provide legal advice or documents in a transaction, and the client does not have an agent or broker, we need to be clear in advance that realtor-type services are not included in the legal services that we provide. We do not agree that realtor duties (and professional liability) will be shifted to us in a legal capacity as part of a strategy to avoid paying a real estate commission. It is possible that some fees may increase if the client is not represented by an agent or broker. In such cases, the client should consider engaging our brokerage services.
Our Attorney is Also a Real Estate Broker. Our attorney is also a licensed Texas real estate broker. If we are asked to perform any functions typical of a broker, including preparing, submitting, and negotiating a contract, then we will charge accordingly (the above-specified up-front non-refundable retainer against 1% payable at closing). Inquire.
Combined Broker/Lawyer Services. Our combined broker/lawyer compensation may vary somewhat according to the specific case and sales price. Fees for these services discussed herein are guidelines only. Request a no-obligation custom quote. Terms and conditions are finalized in writing prior to our commencing work.
Representation Options in Commercial Transactions
Preparation of Commercial Earnest Money Contracts
Sales Price up to $600,000 – $895
Sales Price of $601,000 to $1,100,000 – $1,195
Sales Price of $1,100,000 to $2,999,999 – $1,495
Sales Price of $3,000,000 to $4,999,999 – $1,695
Sales Price of $5,000,000 or more – Inquire
Fees quoted above assume our use of the TAR 1801 or 1802 contract (either the form itself or a word-processed version of it), as appropriate, with a Special Provisions Addendum added to protect the interests of the client.
Commercial Earnest Money Contract Review/Comment
Sales Price up to $600,000 – $595
Sales Price of $601,000 to $1,100,000 – $695
Sales Price of $1,100,000 to $2,999,999 – $995
Sales Price of $3,000,000 to $4,999,999 – $1,495
Sales Price of $5,000,000 or more – Inquire
Unless we are retained for the entire transaction, the client’s signature on a Limited Services Agreement is required. This protects us from liability for those portions of the transaction in which we are not involved.
Standard Contracts. Flat fees quoted for review/comment apply only to standard TREC, TAR, and/or MLS forms, contracts, and addenda. We assume that you have an unsigned contract of this type that is already fully prepared and ready for us to do a review/comment on.
Special Provisions Addendum (Commercial) to be Added to the Contract. A Special Provisions Addendum is an all-around excellent idea, particularly for the seller. Standard contracts, whether TREC or TAR, are good contracts but are limited in the sorts of clauses and provisions that can be accommodated on a custom basis. Adding a Special Provisions Addendum solves this problem. Doing so leaves the standard form intact and clearly shows what custom variations are being contemplated.
In the case of the seller, for example, such a custom variation would include a much more extensive “as is” clause than is found in the standard form, and also provide that this clause be included in deed to the buyer at closing. We also offer our Special Provisions Addendum in template form for our investor clients (see below).
Fees (which are in addition to the above review/comment fee) are: for a sales price up to $600,000 – $525; sales price of $601,000 to $1,100,000 – $575; sales price of $1,100,000 to $2,999,999 – $775; sales price of $3,000,000 to $4,999,999 – $975. These fees apply in 90% of cases; however, a very heavily customized or negotiated addendum would be handled on an hourly basis ($375, two-hour minimum).
Commercial Earnest Money Contract Review and Comment – TREC and TAR Standard Contracts. This section assumes that you have an earnest money contract that is already prepared and ready to present to us for review and comment. Also, flat fees quoted in this section apply only to the review of the usual standard forms: TAR form no. 1801 (commercial improved property); TAR form no. 1802 (commercial unimproved property); or TREC form no. 9-13 (unimproved property) with addenda. For purposes of the flat-fee quotes offered in this section, we assume that we will be working with these standard contracts and not custom contracts (see next paragraph).
Review/Comment on a Contract Does Not Include Negotiation of the Contract. Review/comment is a limited service rendered for a flat fee. It is not a broad or open-ended retainer for any other services in the transaction.
Review of Custom (Non-Standard) Contracts. We are occasionally asked to review entirely custom contracts, out-of-state forms, investment seminar forms, or documents obtained from the internet in order to determine whether they would be valid in Texas. These vary widely in length and quality. For these custom contracts, it is not possible for us to offer the flat fees quoted below. However, we may be available on an hourly or flat-fee retainer basis for such tasks – inquire. We will need to see the contract you are working with in order to see what we are up against.
Review/Comment is Not a Total Re-Write. Please note that the flat-fee review and comment process offers exactly that. It is important to be clear on this point, since client expectations can differ. If a contract is so flawed, deficient, or incomplete that it must be entirely re-written or replaced, then clearly more attorney time will be involved. In so doing, we move out of the review/comment category and into the category of creating a custom contract, which can be expected to incur higher fees. Alternatively, we may suggest switching to the appropriate standard form plus utilizing a Special Provisions Addendum to deal with the custom issues (see below for more info on a Special Provisions Addendum.
Legal Provisions vs. Business Terms. Our review/comment on a commercial contract is limited to legal terms and provisions. Commercial real estate brokers are generally very knowledgeable and active in the negotiation of business terms for commercial contracts, and we generally defer to them on business points, in part because they usually have superior knowledge of specific areas, markets, and prevailing local trends.
Commercial Title Commitment Review/Comment:
Sales Price up to $600,000 – $395
Sales Price of $601,000 to $1,100,000 – $525
Sales Price of $1,100,000 to $2,999,999 – $750
Sales Price of $3,000,000 to $4,999,999 – $1,250
Sales Price of $5,000,000 or more – Inquire
Commercial Closing Document Review/Comment:
Sales Price up to $600,000 – $595
Sales Price of $601,000 to $1,100,000 – $695
Sales Price of $1,100,000 to $2,999,999 – $995
Sales Price of $3,000,000 to $4,999,999 – $1,495
Sales Price of $5,000,000 or more – Inquire
Representation in the Entire Transaction:
This is the best and most comprehensive option, since it includes all of the various individual services that are itemized above. However, representation in the entire transaction is available only if the earnest money contract has not yet been signed. It is the best option for some clients, Fees are a flat fee based on the sales price and type of transaction.
Please let us know now if you are seeking representation in the entire transaction and we will quote a fee (a non-refundable advance retainer against 1% payable at closing). Inquire. Before quoting, we will need to know if you are the buyer or the seller; whether you are represented by an agent or broker; and the anticipated purchase or sales price. Note that this option assumes that the client is also represented by an agent or broker. We do our best to offer first-rate legal services and documents. However, consulting a real estate attorney, even for the whole transaction, is not a substitute for having the services of a qualified agent or broker who knows the market and offers other services that are not strictly legal in nature. As a law firm, we do not take on any duties customarily associated with agents and brokers.
Fee Guidelines for Representation in the Entire Commercial Transaction
Sales Price up to $600,000 – $895 retainer credited against 1% payable by the seller at closing
Sales Price of $601,000 to $1,100,000 – $1,195 retainer credited against 1% payable by the seller at closing
Sales Price of $1,100,000 to $2,999,999 – $1,495 retainer credited against 1% payable by the seller at closing
Sales Price of $3,000,000 to $4,999,999 – $1,695 retainer credited against 1% payable by the seller at closing
Sales Price of $5,000,000 or more – $1,895 retainer credited against 1% payable by the seller at closing
Total commercial real estate commissions are usually around 5%. We are available to sign on to the transaction for the usual buyer’s broker’s percentage (half the total amount of the commission) and rebate to you any amount in excess of our fee of 1% if the transaction closes.
Retainers listed in this section for commercial transactions are due in advance and are non-refundable and non-contingent upon closing. They are, however, credited to our 1%. Only percentage fees to be paid at closing are contingent upon the outcome.
Minimum Legal Fees. There is a minimum fee level below which we will not agree to represent a party in a real estate transaction. We incur significant professional liability risk (both as attorney and broker) for even limited involvement; below a certain fee level, it is noneconomic for us to become involved at all. Accordingly, we may apply the following at our discretion: Commercial transactions – minimum fees: $750 for a sales price of up to $499,999; $950 for a sales price from $500,000 to $999,999; $1,500 for a sales price of $1M to $1,499,999; $2,500 for a sales price from $1.5M to $1.9M; and $2,750 for a sales price from $2.0M to $3.0M; in excess of $3.0M, inquire..
“Bits and Pieces” Representation. We are occasionally asked to review and comment on a document that is part of a larger transaction – but we are not asked to represent or advise the client during the course of the entire transaction from contract to closing, which is the full and proper way that a lawyer should be involved in a real estate transaction. This limited form of representation is sometimes called “bits and pieces representation” and is usually sought out by clients seeking to minimize attorney’s fees. Accepting such a case is a serious professional liability risk for the attorney, since he is involved in only a slice of the transaction but may be held responsible for all of it. The attorney may not be allowed to see all relevant documents, examine correspondence, evaluate title to the real estate, communicate with the other party or the title company, perform due diligence, or otherwise become involved in the “big picture.” Limited involvement and limited knowledge are problematic for an attorney, both in terms of being able to do his job and in terms of potential professional liability. Clients requesting this sort of service are, in effect, seeking to pay less in the way of attorney’s fees but still seeking to hold the attorney fully liable for the professional and financial consequences of the transaction’s outcome. This is unreasonable. It is like asking an orthopedic surgeon to replace only part of one’s knee because the patient is going to DIY the rest of the operation. Reason? The patient does not want to pay the surgeon his usual fees . . . but, by the way, the patient still intends to hold the surgeon fully responsible for the outcome. No medical professional would agree to this. “Bits and pieces” representation in the legal field is no different. Reputable lawyers avoid it and some will not do it at all. Our firm may consider limited representation but will always require that the client sign in advance a Limited Representation Agreement which fully releases our firm from liability for portions of the transaction upon which we are not consulted or otherwise involved. No LRA, no representation.
16. Commercial/Investor Real Estate Documents Including Deeds, Notes, and Deeds of Trust
Consultation Recommended Prior to Ordering Documents. This is a complex area. Unless you are absolutely certain that a particular type of document is what is needed, and you are absolutely certain of its legality and suitability in the circumstances, a paid consultation is recommended so we can review your case and determine the correct legal solution.
If we invest time and work, and it turns out that the document you ordered was not the correct solution for the situation, and a change of documentation or refund is requested, then an appropriate fee for our time and efforts (not less than a consult fee) will apply. In other words, we do not assume the risk of loss if the client makes an incorrect diagnosis or decision about the strategy or document that was needed. Proceeding without an initial consultation has its risks.
Document Preparation for New Clients is Handled Exclusively Online. All of the below-listed document preparation services for new clients are now efficiently handled online, by means of email Q & A, not in the office. Documents are delivered to the client by email in pdf format.
Note that a document order does not also include a consultation on how to use the document in a particular transaction. In a flat-fee system, a document order and a consultation are separate items. A period of three business days (including weekends but excluding holidays) is allowed for Q&A or changes and corrections to any documents we may prepare, after which time any documents we may have prepared are automatically considered to be final.
Documents Available:
Commercial earnest money contracts: for sales price up to $250,000 – $575; $251,000 to $499,999 – $675; $500,000 to $999,999 – $750; $1,000,000 to $3,000,000 – $950; over $3,000,000 – inquire.
Commercial Special Provisions Addendum to earnest money contract: for sales price up to $250,000 – $450; $251,000 to $499,999 – $475; $500,000 to $999,999 – $575; $1,000,000 to $3,000,000 – $750; over $3,000,000 – inquire.
Commercial Special Warranty Deed: $395 (simpler) to $450 (more complex)
Commercial Real Estate Lien Note: for note amount up to $599,000 – $350; $600,000 to $999,999 – $450; $1,000,000 to $3,000,000 – $550; over $3,000,000 – inquire.
Commercial – Modification of Note & Lien (stand-alone): $450 simple, $550 complex; or with replacement note $550 simple, $650 complex
Commercial Deed of Trust & Security Agreement: $395 to $575 (add $50 additional if the attorney is named as trustee or if keying in of metes and bounds is required)
Commercial Assignment of Note & Lien: $375 for valuations up to $600,000; $575 to 1.1M; $950 over 1.1M. Client to supply relevant exhibits.
Commercial Joint Venture and General Partnership Agreements: see “Commercial Business Documents” below
Commercial letters of intent: $375 for valuations up to $600,000; $575 to 1.1M; $775 over 1.1M.
Commercial seller-financing documents (for paid-for properties). Includes one Real Estate Lien Note, one Special Warranty Deed with Vendor’s Lien, and one Deed of Trust & Security Agreement: for sales price up to $600,000 – $950; $601,000 to $999,999 – $1,250; $1,000,000 to $3,000,000 – $1,550; over $3,000,000 – inquire. All excluding filing.
Commercial third-party financing documents: Includes one Real Estate Lien Note, one Special Warranty Deed with Vendor’s Lien, and one Deed of Trust & Security Agreement: for sales price up to $600,000 – $950; $601,000 to $999,999 – $1,250; $1,000,000 to $3,000,000 – $1,550; over $3,000,000 – inquire. All excluding filing.
Commercial wraparound documents (for properties with an existing lien). Includes one Wraparound Note, a Special Warranty Deed with Vendor’s Lien, one Wraparound Deed of Trust & Security Agreement, and a Wraparound Agreement: for sales price up to $600,000 – $1,550; $601,000 to $999,999 – $1,850; $1,000,000 to $3,000,000 – $2,550; over $3,000,000 – inquire. All excluding filing.
Commercial hard-money loan documents: a warranty deed (if a title transfer is involved), one note, one deed of trust, and a hard-money loan agreement: for loan amount or valuation up to $250,000 – $950; $251,000 to 500,000 – $1,150; $501,000 to 1,000,000 – $1,350; $1M to $3M – $1,950, all excluding filing. Add $25 if we are named as trustee in the DOT.
Commercial contract for deed: includes extensive recordable executory contract plus a special warranty deed to be delivered when the contract is paid. For sales price up to $250,000 – $1,250; $251,000 to 500,000 – $1,500; $501,000 to 1,000,000 – $1,750; $1M to $3M – $2,500, all excluding filing. Add $25 if we are named as trustee in the DOT.
Commercial lease newly drawn up (does not include representation in the transaction): $750 – $1,250
Commercial lease modification: $425 (simpler) – $525 (more extensive)
Commercial deed in lieu (unilateral DIL): for property value up to $600,000 – $425; from $601,000 to $999,999 – $550; over 1M – inquire.
Commercial Option Agreement: $525
Commercial Special Power of Attorney: $350 excluding filing
Miscellaneous brief commercial documents (affidavits, certificates, etc.): $325 – $425
Commercial foreclosure: $2,750 in two installments
Guidelines Only. The above fees are guidelines only since law is not an exact science and the services required by individual clients can differ. There may be some variation in fees since no two cases are alike.
Certain Add-Ons. Add $25 if we are named as trustee in a deed of trust. Clients do their own filing. Add $50 handling per document (plus the applicable filing fee) if we are asked to perform the task of filing documents with the county clerk. Note that only original notarized documents can be filed.
Keying in Metes and Bounds. If there is a metes and bounds legal description (rather than the usual lot and block) that needs to be re-keyed by us, the usual add-on fee is $75 per document. However, we must reserve some flexibility on this since some custom descriptions are extremely lengthy and will incur a higher fee. Inquire if you have one of those.
Fees are for Document Preparation Only. Fees for document preparation are for document preparation only and do not include other additional items such as in-office closings, the filing of original documents in the county clerk’s real property records, payment of clerk’s filing fees, ongoing retainer-style advice in a transaction, advice on how to use a particular document, negotiations with opposing parties or their counsel, extensive explanations of the law, or other additional services unless we are specifically retained and paid to perform these additional services. Such services are certainly available, but in a flat-fee system they are not included in stand-alone document preparation fees. There is difference between broader representation in the transaction versus the narrower task of document preparation only, and our quoted fees reflect this. The biggest source of misunderstanding between attorney and client in a real estate transaction occurs when the client pays only for document preparation but then expects full representation in the transaction from the attorney.
Document preparation is a limited, closed-end service that does not include ongoing legal counsel or any other “extras.” In other words, a flat-fee for document preparation is not the same as a retainer or an open-ended hourly fee arrangement into the indefinite future. If the matter is open-ended, and it is expressly agreed that the attorney will provide open-ended ongoing services, then an advance retainer or hourly billing is more appropriate than a document preparation fee.
Minimum Retainer for High-Dollar or Complex Transactions. The above quotes are guidelines. Notwithstanding the above flat-fee quotes, in the case of substantial involvement in high-dollar, complex, or non-standard transactions, we may instead offer our services for a flat-fee retainer (usually between $1,500 and $5,000 at our discretion).
Documents are Proprietary and Supplied PDF Format. All documents in this section are supplied in pdf format only. These are proprietary documents subject to copyright and are licensed (not sold) to the client for single use in a specific transaction. They may not be copied, disseminated, or re-used. We do not supply templates in Word unless they are expressly offered as such in section 14.
Recording of Executed Documents. If this office is asked to file documents with the county clerk, add the estimated filing fees plus $50 per document for handling. Note that this necessitates sending the executed and notarized originals back to us. It is usually more efficient for the client to record documents directly with the local county clerk.
17. Commercial and Business Documents Including Partnerships, Joint Ventures, Sales of LLC Membership Interests, and Confidentiality and Non-Compete Agreements
Consultation Recommended Prior to Ordering Documents. This is a complex area. Unless you are absolutely certain that a particular type of document is what is needed, and you are absolutely certain of its legality and suitability in the circumstances, a paid consultation is recommended so we can review your case and determine the correct legal solution. If we invest time and work, and it turns out that the document you ordered was not the correct solution for the situation, and a change of documentation or refund is requested, then an appropriate fee for our time and efforts (not less than a consult fee) will apply. In other words, we do not assume the risk of loss if the client makes an incorrect diagnosis or decision about the strategy or document that was needed. Proceeding without an initial consultation has its risks.
Document Preparation for New Clients is Handled Exclusively Online. All of the below-listed commercial document preparation services for new clients are now efficiently handled online, by means of email Q & A, not in the office. Documents are delivered to the client by email in pdf format.
Note that a document order does not also include a consultation on how to use the document in a particular transaction. In a flat-fee system, a document order and a consultation are separate items. A period of three business days is allowed for Q&A or changes and corrections to any documents we may prepare, after which any documents we may have prepared are automatically considered to be final.
Documents available:
Sale & Assignment of LLC Membership Interest (or Corporate Stock) – Unsecured: $550 for valuations up to $600,000; $750 for valuations from $601,000 to 1.1M; $950 for valuations from $1.1M up to $5M; in excess of $5M, inquire. Client to supply relevant exhibits. Include an agreement protecting proprietary and confidential information, add $250. Include a non-compete agreement, add $250. Add Special Meeting of Members to ratify the transfer, add $250.
Sale & Assignment of LLC Membership Interest (or Corporate Stock) – Secured: $750 for valuations up to $600,000; $950 for valuations from $601,000 to 1.1M; $1,250 for valuations over $1.1M up to $5M; in excess of $5M, inquire. Includes note and security agreement. Include an agreement protecting proprietary and confidential information, add $250. Include a non-compete agreement, add $250. Add Special Meeting of Members to ratify the transfer, add $250.
Purchase and Sale Agreement for transfer of business – unsecured: $1,950 for valuations up to $600,000; $2,550 to 1.1M; $3,550 for up to 5M; in excess of $5M, inquire. Client to supply relevant exhibits and schedules. Additional charges apply for a note and security agreement if the transaction is seller-financed.
Purchase and Sale Agreement for transfer of business – secured: $2,550 for valuations up to $600,000; $2,950 to 1.1M; $3,750 for up to 5M; in excess of $5M, inquire. Client to supply relevant exhibits and schedules. Additional charges apply for a note and security agreement if the transaction is seller-financed.
Joint Venture Agreements and Partnerships: This area is highly variable as to complexity so we retain the flexibility to customize quotes to the specific circumstances. Most of the agreements we prepare range from $1,550 to $2,500. We can provide a specific quote when the client completes the appropriate checklist. The client must supply relevant exhibits and schedules, if any are to be attached. Fees do not include the transfer of property into the joint venture or partnership.
Confidentiality and Non-Compete Agreement: $575
Independent Contractor Agreement: $575
Property Management Agreement: $295
License Agreement: $575
Bill of Sale (cash): $250. Client to supply relevant exhibits.
Entity formation – see below.
A variety of additional custom documents is available. Inquire.
Guidelines only. The above are guidelines. There may be some variation in fees since no two cases are alike.
Fees are for Document Preparation Only. Fees for document preparation are for document preparation only and do not include other additional items such as in-office closings, the filing of original documents in the county clerk’s real property records, payment of clerk’s filing fees, ongoing retainer-style advice in a transaction, advice on how to use a particular document, negotiations with opposing parties or their counsel, extensive explanations of the law, or other additional services unless we are specifically retained and paid to perform these additional services. Such services are certainly available, but in a flat-fee system they are not included in stand-alone document preparation fees. There is difference between broader representation in the transaction versus the narrower task of document preparation only, and our quoted fees reflect this. The biggest source of misunderstanding between attorney and client in a real estate transaction occurs when the client pays only for document preparation but then expects full representation in the transaction from the attorney.
Document preparation is a limited, closed-end service that does not include ongoing legal counsel or any other “extras.” In other words, a flat-fee for document preparation is not the same as a retainer or an open-ended hourly fee arrangement into the indefinite future. If the matter is open-ended, and it is expressly agreed that the attorney will provide open-ended ongoing services, then an advance retainer or hourly billing is more appropriate than a document preparation fee.
Minimum retainer for High-Dollar or Complex Transactions. Notwithstanding the above flat-fee quotes, in the case of substantial involvement in high-dollar, complex, or non-standard transactions, we may instead offer our services for a flat-fee retainer (usually between $1,500 and $5,000 at our discretion).
Finality of Documents. Document preparation fees are for document drafting/review/correction in the immediate time frame. Three business days after delivery of documents to the client, all documents provided are automatically considered final. A document preparation fee is not a lifetime retainer for an indefinite number of changes forever, at least not in a flat-fee system. Requesting changes weeks, months, or years later (yes, this happens) will incur additional charges.
Documents are Proprietary and Supplied PDF Format. All documents in this section are supplied in pdf format only. These are proprietary documents subject to copyright and are licensed (not sold) to the client for single use in a specific transaction. They may not be copied, disseminated, or re-used. We do not supply templates in Word unless they are expressly offered as such in section 14.
18. LLC Formation (Texas and Nevada) - Legal Fees and Costs
Texas and Nevada LLCs. We are available to form both Texas and Nevada limited liability companies, both traditional LLCs and series LLCs. Series limited liability companies are a focus of ours. Many of the new companies we form for investors are series LLCs because of simplicity, economy, and flexibility, as well as the ability to hold assets in separate series. In most cases, traditional LLCs are suitable for use as a management company (to deal directly with the public) or SPE (single purpose entity).
Legal fees are:
LLC (TX or NV) – Traditional LLC $1,250 plus $325 ff plus costs
LLC (TX or NV) – Series LLC $2,150 plus $325 ff plus costs
Optional Inclusion of Cert. of Registered Series $350 plus $300 ff
LLC (TX or NV) – with Anonymity $3,500 Traditional, $4,500 Series
Limited Partnership (Texas) – $2,500 to $3,500 plus ff and costs
“Hub-Sub Structure” (with Anonymity) – $7,995 plus filing fees and costs
Re-Doc of Existing Traditional LLC (Assumes No Amendment Filing Required)
Less than 3 years old $750 excluding $175 ff plus costs
3 to 5 years old $850 excluding $175 ff plus costs
More than 5 years old $950 excluding $175 ff plus costs
Re-Doc AND Amendment of Traditional LLC
(Filing Required without Conversion to Series)
(Example: Conversion to Manager-Managed)
Less than 3 years old $850 excluding $175 ff plus costs
3 to 5 years old $950 excluding $175 ff plus costs
More than 5 years old $1,050 excluding $175 ff plus costs
Re-Doc AND Amendment Converting Traditional LLC to Series LLC
Less than 3 years old $2,150 excluding $175 ff plus costs
3 to 5 years old $2,250 excluding $175 ff plus costs
More than 5 years old $2,350 excluding $175 ff plus costs
Re-Doc of Existing Series LLC (Assumes No Amendment Filing Required)
Less than 3 years old $1,450 excluding $175 ff plus costs
3 to 5 years old $1,550 excluding $175 ff plus costs
More than 5 years old $1,650 excluding $175 ff plus costs
Re-Doc AND Amendment of Existing Series LLC (Amendment Filing Required. Example: Conversion to Manager-Managed)
Less than 3 years old $1,550 excluding $175 ff plus costs
3 to 5 years old $1,650 excluding $175 ff plus costs
More than 5 years old $1,750 excluding $175 ff plus costs
Existing Series LLC – Addition of Certificate of Registered Series plus New Company Agreement (No COF Amendment and No Other Re-Doc) $1,250 excluding $300 ff
Note: Conversion of an LLC from Member-Managed to Manager-Managed requires the filing of an amendment. Filing a Certificate of Registered Series does not require an amendment to the Certificate of Formation.
List of Miscellaneous Costs and Filing Fees:
Texas Secretary of State Filing Fee – New LLC (with Expedited Handling) $325.00
Series LLCs – Certificate of Registered Series $300.00
Texas Secretary of State Filing Fee – Amendment to LLC (with Expedited Handling) $175.00
Nevada Secretary of State Filing Fee – New LLC (includes business license first year) $425.00
Company Book (red/burgundy hardbound) Seal, and Membership Certificates – Our Cost $155.00
(Note: Company book is required)
Upgraded Company Book (leather) Seal, and Membership Certificates – Our Cost $255.00
Shipping of Company Book with LLC Documents (UPS/FedEx Ground) $30.00
Fees and costs are subject to change without notice. The final dollar amount is contained in the itemized statement we will generate in response to the client’s completed LLC Checklist.
Shelf Companies
(Prompt Shipment – Limited Availability)
Shelf Company – Traditional LLC Without Anonymity
(Conveyance by Sale & Assignment of Membership Interest – Requires Certificate of Amendment and $175 filing fee to Change Address)
< than 1 yr. old: $1,750 + $175ff 1 to 2 years old: $1,850 + $175ff 2 to 3 years old: $1,950 + $175ff
Shelf Company – Series LLC Without Anonymity
(Conveyance by Sale & Assignment of Membership Interest – Requires Certificate of Amendment and $175 filing fee to Change Address)
< than 1 yr. old: $2,350 + $175ff 1 to 2 years old: $2,550 + $175ff 2 to 3 years old: $2,850 + $175ff
For Certificate of Registered Series, add $350 plus $300 filing fee.
Shelf Company – Traditional LLC With Anonymity
(Conveyance by Assignment of Trust Beneficial Interest – Requires Certificate of Amendment and $175 filing fee to Change Address)
< than 1 yr. old: $3,250 + $175ff 1 to 2 years old: $3,450 + $175ff 2 to 3 years old: $3,750 + $175ff
Shelf Company – Series LLC With Anonymity
(Conveyance by Assignment of Trust Beneficial Interest – Requires Certificate of Amendment and $175 filing fee to Change Address)
< than 1 yr. old: $4,250 + $175ff 1 to 2 years old: $4,450 + $175ff 2 to 3 years old: $4,750 + $175ff
Note: our reference to “anonymity” means single-entity, single-layer anonymity unless clearly specified otherwise. Layering of entities may be necessary to maximize anonymity.
Company Books, Seal, and Membership Certificates. Company books with seal and membership certificates are part of the package that we pass along to you at our approximate cost. We insert our own sophisticated documentation into these books (instructions, minutes, company agreement, etc.) designed to maximize asset protection. We are confident you will be pleased with the end product. As a matter of professionalism we do not deliver LLC documents without a company book. This may not be deleted.
IRS EIN. This is not included but is easily obtained at irs.gov.
Re-Do of Documents upon Rejection. If the client asks us to proceed with ordering the company book and preparing LLC documents before approval is obtained, that’s fine. We’re ready to do it, but this is at the client’s risk in the event the initial filing is rejected for some reason by the Secretary of State (although this rarely happens). A replacement LLC book and membership certificates will have to be ordered from the printing company ($155 for the burgundy hardbound version plus $30 shipping). Our fees are $250 to re-do all of the LLC documents in order to prepare a second filing.
19. Anonymity Companies (Texas and Nevada)
Anonymity Companies in Texas and Nevada. We offer anonymity company formation in Texas and Nevada utilizing our own proprietary system of an “anonymity trust” (our term) in order to pursue anonymity in the Certificate of Formation. This choice is clearly not for everyone, but many clients find anonymity useful.
Our anonymity method includes naming this firm as organizer and registered agent; a trust is formed to act as sole manager with a POB address. Both the Texas and Nevada Secretaries of State accept filings in this form. Legal fees are as stated above. Registered agent services are included for the first year for Texas entities in this category. EIN not included but is easily obtained by the client at irs.gov. Bank account not included. Trust Agreement is included. Deeds of properties into the Trust are not included.
Note: We do not accept trust agreements or other relevant documents that were prepared by others for incorporation into our anonymity structure. No exceptions.
New Federal Law and Regulations Impacting Anonymity. The term “anonymity” as used in this section means single-entity and single-layer in terms of structure. Anonymity techniques without layering of entities is becoming less effective due to recent federal law changes (the Corporate Transparency Act and FinCEN beneficial interest regulations beginning in 2022).
These new regulations are designed to promote transparency in LLC formation and stop money laundering by bad actors in the real estate industry. The result is that anonymity measures will not be maximized unless the client is willing to do entity layering (i.e., form additional entities to create a layered structure such as our hub-sub structure).
Anonymity Generally. Our reference to “anonymity” in this Fees & Policies section means single-entity, single-layer anonymity unless clearly specified otherwise. Note that anonymity with single layering by a single entity may not be fully achievable as was previously the case before new transparency laws.
Layering with other entities will likely now be necessary to get the most out of any anonymity structure, which will add considerably to the expense. Anonymity on a modest budget is no longer realistic. You can thank government regulation for this.
20. Re-Documenting or Converting an Existing LLC
20. Re-Documenting or Converting an Existing LLC
Re-doc” of Existing or Traditional LLCs. There are two pathways here: one that involves the amending of the original Certificate of Formation and one that does not. If the previously filed Certificate of Formation needs to be amended (we will advise on that), then fees higher Note: a proper company book with issued membership certificates is a required part of this, as a matter of professionalism, We do not send out loose company documents. The book is offered at our cost.
Conversion of a Traditional LLC to a Series LLC. The conversion process involves filing a Certificate of Amendment and replacing ALL documentation including the company agreement. Other steps may need to be taken depending on the individual case, including (for example) bringing the company up to date with annual meetings from the past through the current year. Note that these conversions are more work than forming a new series LLC, not less. Expect fees to reflect this. Fees for conversion do not include deeds of property into individual series. This is a necessary second step.
Documents We Need for an Amendment or LLC Re-Doc. If you choose any of the above re-doc or conversion options, we will need copies of your Certificate of Formation (the document you filed to establish the LLC) as well as the Certificate of Filing (the approval issued by the Secretary of State) which contains the filing date and file number.
Limitations – No Assistance with DIY. Note please that we do not get involved with DIY LLC formation or amendment projects. We are committed to professionally handling the entire project. We do not handle only parts of it, nor do we supply individual documents on a separate basis.
21. Total Structural Reorganization
Clients occasionally request that we take their existing complicated structure (often consisting of numerous LLCs, corporations, and limited partnerships) and overhaul it to create a simplified but effective asset protection program. This is usually a major creative project and it is difficult to quote an accurate fee in advance. Fees for this are in the $2,500 to $5,000 range and are deposited as an initial non-refundable retainer. Supplemental retainer deposits may be required as the situation progresses. Note that all our retainers expire in six months if not otherwise specified.
22. Shelf Companies
From time to time, we may have an inventory of existing, established companies that are ready for immediate shipment. These are popular because of the prolonged delays currently being experienced for new LLC filings at the Texas Secretary of State. Inquire as to current pricing.
Inventory and prices are subject to change without notice. Fees can be expected to increase with the age of the shelf company. Also, pricing may vary slightly from the fee schedule if a particular entity has extra or special features (e.g., assumed names).
Payment for shelf companies is by such method as we direct (We may require wire or transfer to our Wells Fargo operating account).
Shelf companies may not be reserved or placed on hold without payment. Inquiring about a shelf company does not reserve it. Until full payment is made, any particular shelf company remains on the market.
Shelf companies do not include EINs, bank accounts, a D&B rating, or other features not expressly listed.
For Texas companies, one year of registered agent services by our attorney is included. Registered agent fees are $250 annually thereafter and include annual meetings upon request.
Certain of our shelf company offerings may be in the form of LLC combinations (a two-company structure or a hub-sub structure) that are available only as a combined unit and may not be split.
We will need certain basic client information in order to complete the shelf company documentation. This may take a day or two to collect and insert into existing documents before shipment.
All clients are required to supply a mailing address that will become public record (we suggest a box at a UPS or FedEx store) before the shelf company will be transferred to the client. An amendment will be promptly filed reflecting the new address.
Sales of shelf companies are final since they involve unique and proprietary intellectual content. No exceptions.
23. Annual Document Review (ADR)
This is especially useful for our entity formation clients since our documents are continually evolving and innovating. The ADR is offered for clients who have asked us to prepare documents in the prior year. Its purpose is to (1) make sure that the client has the latest version of each document in the client’s package; and (2) in the case of LLCs, to prepare minutes for the annual meeting. Fees are $250.
24. Additional Fees & Polices Relating to Company Formation
Deeding Properties into an LLC or Trust. Specially crafted deeds for this purpose are $450 excluding recording fees so long as there are no additional complex or custom provisions included. More complex deeds are $550 and up. If three or more properties are involved at the same time, the fee drops to $350 each. Add $75 per document if the legal description is by metes and bounds (rather than simple lot and block) which will need to be keyed in by us, since this is quite time consuming.
Clients usually do their own recording or signed and notarized original deeds in the county clerk’s real property records. Note that we usually transfer deeds into a new LLC as a separate second step, after LLC formation.
Management and Consulting Contracts. These facilitate capital flow between a client’s companies by providing a convenient label for inter-company transfers (consulting fees in one direction, management fees in the other). Strongly recommended for the two-company structure. Add $175 per agreement for a total of 250.
Assumed Name Certificates (DBAs). Signing and filing of Assumed Name Certificates under our firm name is not included, since this may expose us to additional liability (we then may be named as a defendant in any lawsuit against the entity) but may be available for an additional fee. For the most part, however, our clients file their own DBAs with their local county clerk. This is not difficult. It is really clerical and not legal work. See our web article on Assumed Names in Texas.
Company Books. The company books we supply are heavy-duty commercial grade minute books that include a company seal and printed membership certificates. The usual company book is red/black hardbound, purchased from a Houston vendor, and very nice – much nicer than the low-cost vinyl versions one often sees. We offer no inexpensive vinyl books. The alternative is a premium company book that is burgundy/black leather and is extremely nice (display quality) but obviously more expensive (We order it out of New York).
Note that our vendors may occasionally run out of stock on any particular type of company book, or color of leather, and there are a number of styles and variations out there, so we reserve the right to substitute another type of equal or greater value. Books are passed along to the client at our approximate cost. Sorry, for reasons of professionalism, we do not supply company documents without a proper company book to contain them. No exceptions.
Custom Drafting of LLC Documents. LLC documents are appropriately customized to suit the client and the situation but nonetheless follow a certain pattern and format. Asking us to prepare a company agreement, for example, is not an opportunity for the client to redesign or reinvent the way we generally draw up such documents. If the client desires a significant re-write that significantly departs from our usual format, then a higher custom document preparation fee would apply. Custom drafting services are most definitely available, but not at the shelf price. Custom company agreements begin at $1,500.
No Tax, Accounting, or Book Keeping Advice. Our firm does not give tax, book keeping, or accounting advice at all. We require all of our clients to have a qualified CPA as part of their professional team. Our focus is on legal liability and keeping the client out of the courthouse; the CPA focuses on keeping the client out of trouble with the IRS. These two approaches function in a complementary fashion.
LLC Bank Accounts and Series LLCs. Banks have differing policies and levels of familiarity with respect to series LLCs. We make no guarantees about what your bank’s policies may be on the subject of series LLCs or about the willingness of your bank either to open an account or make a loan to the LLC or any of its series. We are absolutely not in the business of guaranteeing what banks will do.
Note on the Availability of Loans to Real Estate Investors. This firm does not make any assurances that you or your entity will be able to get a loan from any particular lender. It is occasionally necessary for an investor to “shop” lenders (just as he or she might need to shop title companies, insurers, and other providers) in order to determine which of these is most friendly to the investor’s structure and business model.
We make no representations or warranties as to a client’s ability to borrow money, get a loan, or obtain a line of credit, whether individually or in the name of an LLC or a series of an LLC. Lawyers never make any such assurances or guarantees.
Proprietary LLC Documents. All our LLC documents are proprietary and licensed to the client for specific permitted use. They are never distributed for resale or reuse. We reserve the right to decline to do business or file formation paperwork that lists a competing asset protection law firm as registered agent or otherwise threatens the proprietary nature of our documents.
No Returns. Our LLC documents are not returnable or exchangeable because of the unique and valuable intellectual property involved in our documentation. We are serious about this. Our firm has done this work for many years and developed extensive asset protection devices and provisions that are simply not available anywhere else at any price. No exceptions.
Client Illegality. We do not condone nor will we assist any illegal, unethical, or wrongful activity by a client. This seldom occurs, but if it does, then we may immediately cease delivering all services without refund and resign as both the client’s attorney and registered agent. We will not risk being charged as an accessory or co-conspirator in a client’s wrongdoing.
25. Registered Agent Services
Registered Agent Services. Clients may act as their own registered agent, or their CPA can do so, or our firm can act in this capacity for an annual fee of $250 for the 12-month period to come. Annual meeting minutes, along with updates to the company agreement as they may occur, are available to our registered agent clients annually upon request.
Limitations. Our firm does not accept clients who wish to use another law firm or a commercial business as their registered agent. If this is your intention, please use another law firm for your LLC formation.
General Terms of Our R/A Service. Registered agent services are limited in scope to (1) accepting service of process if the Company is sued; (2) forwarding official mail (not mass or junk mailings) from the Secretary of State and Texas Comptroller; and (3) formal notice and demand letters from attorneys or claimants. Items outside of these categories are not forwarded. Items are forwarded to the client by email (primarily) or by U.S. first class mail unless advance arrangements and fees are paid for delivery by UPS, Fed Ex, or overseas delivery.
Client Must Maintain an Office Address or Postal Box for General Business Mail. A registered agent address is NOT your business mailing address, nor is a registered agent a general mail forwarder. Do NOT rely on the registered agent for routine business correspondence – only the three items mentioned above.
Examples of Items Not Forwarded. Items not forwarded include bank statements, personal correspondence, HOA correspondence, utility bills, credit card correspondence, magazines, and junk mail. All of these senders should be given your LLC’s business mailing address. Also: mass-mailed reminders to pay franchise taxes are not forwarded even though they come from the Comptroller (We all know that we need to file a tax return, even if no taxes are due).
Titling of Real Property. Our registered agent services do NOT include acting as titleholder (grantee) for any real property. Do NOT deed property into our name as registered agent. We will repudiate any such property title. Doing this is a form of fraud and grounds for client termination.
Assumed Name Certificates. Our registered agent services do NOT include signing county or state-level assumed name certificates for the client. This is an extra level of service for which an additional fee may be negotiated.
The IRS. Do NOT list our law firm’s address as your company’s official address with the IRS. We do not interface with the IRS for such purposes. Consult a CPA or tax lawyer.
Opening Some Correspondence. Our firm is granted permission, if we consider it to be necessary, to open correspondence to determine its nature (It is sometimes it difficult or impossible to tell from the envelope). Attorney-client confidentiality applies.
Litigation Involving the Client. In the event a client is sued, our duty as registered agent is to forward a copy of the lawsuit to the client. That ends our registered agent duty. It is then the client’s duty to promptly obtain representation in the case and timely file an original answer. If the client does not do this, we do not then become the client’s attorney and forwarder by default. There are potentially dozens of events in a lawsuit that involve sending notices. Unless we are also retained as attorney of record in the case, we do not have a duty to continue forwarding these supplemental lawsuit notices. Our obligations as registered agent cease when we forward the original petition in the lawsuit.
The R/A Service Fee is Not a Retainer for Legal Services. The registered agent fee is not a retainer for any kind of legal services beyond the strict R/A services listed above. For example, a certified demand letter arrives from a law firm. The client asks us to open it and we do. We explain that it is a Deceptive Trade Practices Act notice letter that makes allegations of fraud or misrepresentation – and that the client needs to respond within 60 days or risk a lawsuit potentially involving treble damages plus attorney’s fees. That is the extent of our obligation. Beyond that, the client is free to hire this firm or any other firm to represent them in that case.
R/A Services Do Not Include Signing Annual Reports or Filing Tax Returns. A registered agent is not authorized to act on behalf of the company in the execution of documents. This usually requires a manager. So signing annual LLC filings or tax returns or any other document is not included. We do not file annual state tax forms as part serving as registered agent. Please engage a competent CPA to handle your tax matters.
R/A Services Are for State-Level Services Only. Registered agent services are Texas state-level only (i.e., there is no such thing as a registered agent at the federal level). While we will forward any official notice and demand letters, including certified IRS mail, our legal services do NOT include interfacing with the IRS or any other federal agencies.
Keep Contact Information Current. If we are acting as registered agent, it is essential that the client keep us up-to-date concerning contact information, especially email. If mail to the Company or client is returned by the U.S. Post Office “not deliverable as addressed,” and the file does not reflect any other way to get in touch with the client, we are permitted to resign as registered agent.
Change of Registered Agent. The registered agent may be changed with the Secretary of State’s office at any time by filing form 401 and paying a $15 fee. This is a clerical task and does not require a lawyer’s assistance.
26. Equity Stripping
Equity stripping may be a useful asset protection technique if a client’s LLC has a substantial investment in a single property and legal action involving that property is a good possibility. Equity stripping reduces the (apparent) worth of a company in the public records. The objective is to deter creditors and lawsuits by giving the appearance of no equity in the property.
The equity-stripping process involves preparing a Secured Line of Credit Note for $1M payable to a creditor of your choice. The Note is secured by a Deed of Trust which is filed in the public records. Included are a Secured Line of Credit Note; Deed of Trust & Security Agreement; Line of Credit Agreement; Company Resolution; and Release of Note and Lien (to be held and filed later). Available as a template set for $750. Alternatively, we can complete the document package for $1,250. Note that equity stripping occurs county by county (since that is the way real estate and lien documents are filed) and Texas has 254 counties. Properties can be stripped individually or in a group that is within the same county.
27. Affidavits of Heirship and Curative Deeds to Heirs
Generally. The remedy in many simpler heirship cases is to either consult a probate lawyer and file an estate proceeding in county court or, as an alternative, use a real estate law firm like ours to file an affidavit of heirship. The first is preferable if you have the time and money, since you wind up with a court-ordered result, which is always better.
By contrast, an affidavit of heirship just states for the record who passed away, who the lawful heirs are, and provides a presumption that title to the house is passing correctly to the person named in the affidavit. It acquires validity over time as title companies recognize it. This can meet the needs of many clients. Note that an affidavit like this is not the same as getting a new deed to the property.
Consultation Recommended Prior to Ordering Documents. This is a complex area. Unless you are absolutely certain that a particular type of document is what is needed, and you are absolutely certain of its legality and suitability in the circumstances, a paid consultation is recommended so we can review your case and determine the correct legal solution. If we invest time and work, and it turns out that the document you ordered was not the correct solution for the situation, and a change of documentation or refund is requested, then an appropriate fee for our time and efforts (not less than a consult fee) will apply. In other words, we do not assume the risk of loss if the client makes an incorrect diagnosis or decision about the strategy or document that was needed. Proceeding without an initial consultation has its risks. Depending on the case and the circumstances, at our option, we may require an initial paid consultation so that we can fully understand the facts of the case before proceeding.
Affidavit Method vs. Formal Probate. We are often asked to prepare affidavits of heirship as an alternative to the more expensive formal in-court probate process. The affidavit must be signed under oath by a person familiar with the decedent’s family history (usually but not always a family member), witnessed by disinterested persons (i.e., persons who have no personal or financial stake in the outcome), and the original with all signatures notarized must be recorded in the county clerk’s real property records.
Our requirements are: (1) the decedent must have died at least six months prior to the execution of the affidavit; (2) a death certificate must be available; (3) the affiant must be someone with personal knowledge of the family history of the decedent and having personally known the decedent for at least ten years; (4) the affidavit must be witnessed by at least two disinterested parties (three is better); and (5) if there is a will that has not been probated, it must be available to attach to the affidavit and must support the facts asserted in the affidavit.
Real Estate Law vs. Probate Law. This is a real estate law firm and that is our emphasis – preparing documents affecting title to real estate and transfers of real estate. Certain heirship and property situations are so complex and messy that a court judgment will be necessary or advisable. In such cases, we will suggest that the client engage a board-certified probate specialist who will file litigation to resolve the case. As a real estate law firm, we do not litigate probate cases. If you are uncertain as to the best course of action, a paid consultation would be your best first step.
Fees in this area are by necessity more variable due to individual circumstances. Certain heirship and property situations may be so complex and messy that we will simply quote a non-refundable flat fee (usually ranging from $1,500 to $5,500 excluding filing) for the job.
No Guarantees. This firm obviously can make no guarantees that all heirs will cooperate or sign off in clearing title. Our document preparation fees are not refundable if heirs decline to do so. Also, and just as important, even though the affidavits we draft are legally effective, we make no guarantee that an affidavit we prepare will be “approved” by any particular lender or “accepted” by any particular future title company, since title companies are individually owned and underwritten and have different procedures and policies which change over time, so this may not be a matter of the legality of our document but may instead reflect the company policy of the lender or title company at that point in time.
The bottom line is this: the affidavit of heirship is an inexpensive creative tool designed to avoid the greater cost of a formal probate proceeding in court which can easily cost up to $10,000 (more if contested). Although the affidavit method we use has a very high rate of success, if the client requires immediate and absolute certainty in his or her situation, then the client should seek a judicial determination of heirship (i.e., a judgment) from a probate court, not an affidavit of heirship. There is simply no substitute for a final court judgment in complex and messy cases. For this the client will need an attorney who is a probate specialist (not us). For more detail, we suggest you read our web article entitled Affidavits of Heirship in Texas before proceeding.
Recording Executed Documents in the Real Property Records. If this office is asked to file documents with the county clerk, add the estimated filing fees plus $50 per document for handling. Note that this necessitates sending the executed and notarized originals back to us. It is usually more efficient and quicker for the client to record original documents directly with the local county clerk, and so this is how we suggest that the recording of documents be handled.
Finality of Documents. Document preparation fees are for document drafting/review/correction in the immediate time frame. Three business days after delivery of documents to the client, all documents provided are automatically considered final. A document preparation fee is not a lifetime retainer for an indefinite number of changes forever, at least not in a flat-fee system. Requesting changes weeks, months, or years later (yes, this happens) will incur additional charges.
Minimum Legal Fees for Certain Heirship Cases. The fees quoted above are guidelines. Notwithstanding any quotes found below or elsewhere on our fee schedule, there is a minimum fee level below which we will not agree to offer services in an heirship case, regardless of the task. The primary reason is that we incur significant professional liability for even limited involvement, both as an attorney and a real estate broker. Below a certain fee level, it is not cost-effective for us to become involved at all. Accordingly, all fee quotes offered elsewhere are subject to the following absolute minimums:
Simpler Heirship Cases: $750 for estates of up to $999,999; $1,500 for estates between $1M and $1,499,999; $750 for estates between 1.5M and $2.0M; for estates in excess of $2.0M, inquire
More Complex Heirship Cases: $1,500 for estates up to $499,999; $1,750 for estates from $500,000 to $999,999; $2,500 for estates from $1M to $1,499,999; $3,500 for estates from $1.5M to $2.0M; for estates in excess of $2.0M, inquire
Fees below these levels do not cover our potential professional liability relative to the size of the transaction and will not be considered.
28. Lien Release and Removal
Lien Release Process Generally. This area can be complex and somewhat unpredictable, often depending on whether a judgment lien was abstracted before 9/1/07 or after. Results vary but are generally positive. Lien removal is handled exclusively online and fees are $1,950 per lien (i.e., per abstract of judgment). No liens under $7,500. Since this is usually a mechanical process of working through statutory requirements, personal meetings between attorney and client are unnecessary so long as we are provided with the information we need. Tax liens are generally not removable and must be paid from closing proceeds.
Certain Limitations Exist. Be aware of the limitations on this process: (1) in the case of pre-2007 abstracts of judgment, there is no guarantee that litigation will not be required; (2) in the case of post-2007 A/Js, there is no guarantee that a title company will cooperate and honor the statutory affidavit. These conditions do not reflect on our work but indicate gaps and flaws in this statute that the legislature may someday remedy. We nonetheless have broad success in this area. Please read our article Lien Removal in Texas before proceeding in order to get the full picture.
29A. Trusts: Living Trusts, Land Trusts, and Anonymity Trusts
Consultation Recommended Prior to Ordering Trust Documents. Trusts are a complex area. There are many different kinds of trusts and many different purposes for which they are used. Unless you are absolutely certain that a particular type of trust is what is needed in your case, and you are absolutely certain of its legality and suitability in the circumstances, a paid consultation is recommended so we can review your case and determine the correct legal solution. Proceeding without an initial consultation may reduce costs but has its risks. At our discretion, we may require an initial consultation before proceeding with any trust project.
Initial Consultation May Be Required. At our discretion, an initial paid consultation at our prevailing rate may be REQUIRED before we agree to begin work on any trust project.
Risk of Bypassing Consultation. If we invest time and work, and it turns out that the document you ordered was not the correct solution for the situation, and a change of documentation or refund is requested, then an appropriate fee for our time and efforts (not less than a consultation fee) will still apply. In other words, we do not assume the risk of financial loss if the client makes an incorrect self-diagnosis and proceeds to order documents without an initial consultation.
DIY Trust Documents. At our discretion, and for professional liability reasons, we may decline to work with DIY trust documents. Even touching these can get us sued.
Use of Anonymity Techniques in Real Estate Transactions. Many clients request a trust in the hope of achieving anonymity in titling real estate. However, even in the case of trusts, anonymity is not a natural or normal feature of the American legal system, which tends to be focused on disclosure.
Limitations of State and Federal Law. Texas is not Switzerland. There is nothing easy or automatic about achieving anonymity in Texas or any other state. One cannot simply check a box that says “I want my entity to be anonymous” or “I want to be anonymous in this transaction.” The established system of recording and disclosure in the U.S. pushes back against this.
Layering. Considerable effort and expense may be involved in achieving even a modest level of anonymity. Layering of entities may be necessary, and even then the anonymity achieved will be relative rather than absolute. Note also that anonymity, if desired, must be built into an asset protection structure from the beginning.
Living Trusts for the Homestead. These are probate-avoiding trusts usually categorized as “revocable inter vivos trusts,” although they can be made irrevocable as well. Living trusts are excellent probate-avoidance device for the homestead, and our firm is a big advocate of these. There is literally no downside to having one. Our attorney has one. Note that this type of trust is usually set up as a conventional living trust that does not include anonymity techniques since the homestead is already fully protected in Texas. Living trusts are often prepared in conjunction with a pour-over will. Suggest reading our web article Living Trusts in Texas.
Living Trusts for Non-Homestead Investment Properties (Non-Anonymity). These trusts are also categorized as revocable inter vivos trusts. Living trusts can be used not only for the homestead but for investment properties as well, particularly in conjunction with assignments of beneficial interest.
Testamentary Trusts. Unlike living trusts, testamentary trusts take effect upon death of the trustor/settlor/grantor. The two types of trust are otherwise similar. Testamentary trusts can be prepared for both homestead and non-homestead properties. This is an area where real estate law overlaps with estate planning.
Anonymity Trusts – An Advanced Technique with Multiple Documents. Trusts utilizing anonymity techniques are most often revocable living trusts that are used in the case of non-homestead investment property in order to conceal the true party in interest behind record title. In the anonymity system our firm uses, an anonymity trust is established to hold title; however, the name of the trustee is not disclosed in the deed which is public record. Note: our reference to “anonymity” means single-entity, single-layer anonymity unless clearly specified otherwise.
Trust-Related Deeds. Deeds in connection with an anonymity trust have to be prepared carefully. County clerks accept such deeds for filing, but one has to be prepared to cure objections from a future title company. So the process involves a trust agreement and preparation of two warranty deeds to go along with it. One deed is recorded (not showing the name of the trustee) and another deed, which does show the name of the trustee, is held in reserve (a “deed in the drawer” technique) in the event a future title company requires it, which is almost certain.
Trust Used in LLC Formation. It is possible to form a living trust that acts as sole member of a newly-formed LLC, usually as a means to achieve a relative degree of anonymity. This approach requires careful drafting as the trust must be integrated across all core LLC documentation.
Trusts with an LLC as Beneficiary. This is a specialized structure that has pros and cons and is highly dependent on context. Inquire.
Entry Trusts for Investors. This is a specific type if investor trust (not for the homestead) used as a means to convey property to a buyer/end user. The basic process involves three documents: an assignment of earnest money contract, a trust agreement, and a general warranty deed into the trust.
LLC Formation. Note that this assumes that the investor/buyer already has an LLC since the LLC will be a party to the transaction and trustor of the trust; if not, an LLC will need to be formed. Also, neither earnest money contract preparation nor any companion documents (“subject to” documents for instance) are included in the foregoing quote. These are available for additional fees.
Exit Trusts for Investors. This is a less common type of investor trust, not for the homestead. Inquire.
Other Types of Trusts. There are many types of trusts, as well as variations on the trusts discussed above, and we deal with some but not all of these. Inquire during the initial consultation.
Trust-Related Documents Available
Living Trusts for the homestead
Trust Agreements for investors
Trust as sole member/manager of LLC
Warranty Deeds into Trust (See Section 12)
Amendments and Modifications to Trust
Certification of Trust
Terminations of Trust
Assignments of Trust Beneficial Interest
Testamentary Trusts
Pour-Over Last Will and Testament
We currently have only one trust template available, an assignment of beneficial interest to an end user ($375).
Fees for Living Trusts including Living Trusts for the Homestead. This section applies to non-anonymity trusts (whether revocable or irrevocable, and whether dealing with homestead or non-homestead properties). Fees for the living trust agreement and a single warranty deed into trust are as follows: a property value up to $999,000 – $1,500; over $1M to $2.9M – $1,750; $3M to $5M – $2,500; over $5M – inquire. These fees include preparation of a deed transferring the property into the trust (necessary to complete the process).
Deeds of additional properties into trust are at the posted rate. Recording of deeds with the county clerk is not included (Note: trust agreements are not publicly recorded). The client does his or her own recording of the original executed deed with the local county clerk. Recording fees can be expected to range from $24 – $32 for a warranty deed, depending on the county.
Fees for Anonymity Trusts. In the case of anonymity trusts, our package includes the trust agreement plus two warranty deeds (one which names the trustee to hold in reserve and one which does not to record). Fees are: for or a price or value up to $600,000 – $1,575; $601,000 to 999,000 – $1,875; $1M to 3M – $2,275; over $3M, inquire. Fees include the two deeds that are required when establishing this advanced structure. Fees exclude recording of the deed(s) with the county clerk which is usually handled by the client directly. Note: an initial paid consultation at our prevailing rate may be required before we agree to begin work on any anonymity trust.
Fees for Amendments to Trust: $550 (simpler) to $950 (more complex). Note that if the original trust agreement is defective, it may need to be entirely replaced rather than merely amended. Initial consultation recommended.
Assignment of Trust Beneficial Interest: $450 (simpler) to $950 (more complex). An initial paid consultation may be required before we agree to begin work on any assignment of this type. Circumstances vary widely. For one thing, the trust agreement may need to be thoroughly reviewed and evaluated before proceeding, particularly if this is a trust we did not draft at this law firm. We do not work with DIY trusts.
Certification of Trust (sometimes called a “memorandum of trust”): $450 if the Trust was prepared by us; or $550 to $750 for trusts that were prepared by others. Note that we cannot guarantee that trusts prepared by others will meet the requirements of the trust certification statute or be satisfactory to a title company. We see lots of trusts prepared by others that are full of flaws. Sometimes the trust agreement simply needs to be replaced entirely.
Termination of Trust: $450 (not including asset transfers out of trust).
29B. Last Will and Testament
Last Will & Testament. Although we are not estate planning specialists (that is a separate legal specialty from real estate) we do offer simpler (but perfectly effective) categories of wills. Fees are $450 (simpler) to $750 (more complex). Very complex wills should be taken to an attorney who is board certified in estate planning.
Pour-Over Will. It is generally a good idea to accompany your living trust with a pour-over will if you’re wanting to cover all the bases. This type of will “pours” assets over into one’s living trust at death.
Witness Requirement. Note that Texas wills require at least two witnesses (three are better). A notary be present for proper execution. Clearly, this is not something we are able to provide if we are working together online, so the client would need to make arrangements to have witnesses present at the execution of the will. (UPS stores will often do this if you are requesting their notary services.)
30. Foreclosure and Evictions
Non-Judicial Foreclosure Fees (excludes filing fees/costs of $100)
Residential foreclosure: $1,750, payable in two equal installments, balance due 10 days prior to the foreclosure sale.
Residential default letter only: $375. Covers “notice of default” letter only, full stop. Unlike the above, this is not a retainer for the foreclosure. After sending, we do not handle any follow-up communications or counsel to client. Cost of this letter is not credited to foreclosure retainer if foreclosure is eventually needed.
Commercial foreclosure: $2,750, payable in two equal installments, balance due 10 days prior to the foreclosure sale.
Commercial default letter only: $425. Covers “notice of default” letter only, full stop. Unlike the above, this is not a retainer for the foreclosure. After sending, we do not handle any follow-up communications or counsel to client. Cost of this letter is not credited to foreclosure retainer if foreclosure is eventually needed.
We are currently doing foreclosures in the Houston metropolitan area only. We suggest reading our web article Foreclosures in Texas before proceeding.
Evaluation of Loan Documents not Prepared by Us. We do not commit to proceeding with a foreclosure on loan documents that we did not prepare unless and until we can evaluate those documents in advance, by means of a paid consultation (i.e., before proceeding with the foreclosure), in order to make sure the documents were properly done. Clients who used this firm to prepare their loan documents can bypass this step. Otherwise, we would need to begin with a paid consultation to review the loan documents in order to determine if they are legally valid and enforceable by means of a non-judicial foreclosure. If there are problems with the loan documents, the foreclosure might have to be accomplished judicially, which is essentially an expensive lawsuit.
If the Borrower Cures the Default. If the Borrower cures the default after we send one or more foreclosure notices but before the foreclosure sale is conducted, there is no refund of the initial fee installment paid.
If the Borrower Files Bankruptcy. Note that last-minute bankruptcy filings can occur, which forces the foreclosure process to stop. In such event, this firm will refund only any filing fees that may have been collected (if any) plus $250 as a result of not having to conduct the sale and prepare and file a trustee’s deed with the county clerk. Our activities in relation to the foreclosure must then cease as a matter of law since state-level legal action is “stayed” (stopped) by federal order. We do not handle bankruptcy (a federal matter for specialists) so the client will then be advised to retain a bankruptcy lawyer for creditor representation going forward. If the foreclosure process commences again at a later date, after dismissal of the bankruptcy, there is no refund of or credit for prior fees paid.
Title Report Prior to Foreclosure. Obtaining a title report is not included in the flat foreclosure fee but is recommended if there is any possibility whatsoever that there is an IRS lien. Note that it is not our standard practice to give notice to the IRS unless the client suspects that there may be an IRS lien and specifically asks us to give such notice. Otherwise, if an IRS lien is present, the IRS will have 120 days following the foreclosure sale to redeem the property. IRS liens represent a challenge that can involve additional legal efforts. It is the client’s responsibility to inform us if an IRS lien is suspected. If the client is uncertain of this, then a title report should be obtained.
Recission of the Foreclosure. If the foreclosure must be rescinded by the lender for any reason, our additional fees are $575 excluding filing.
We Assume the Client has Valid Documents. In quoting the above fees, we make the assumption that a foreclosure client has valid, attorney-prepared legal documents (a note, a recorded deed of trust, and a recorded deed into the borrower) upon which to base the foreclosure. If these documents were not professionally prepared, or some other defect or deficiency exists, then the fees quoted in this section do not include our remedying any such defects. Additional fees would apply.
Evictions. Residential eviction fees are $1,850 (non-jury) and $2,950 (jury); commercial evictions are $2,750 (non-jury) and $3,750 (jury). Excludes filing fees and costs (these begin at around $150). Read our web article entitled Evictions in Texas for details on the process. Eviction appeals to county court are $3,750 (non-jury) and $5,750 (jury) plus costs. Currently available in the Houston area only.
31. Representation in Disputed Matters involving No Litigation
Minimum Amount in Controversy. We regret that we are unable to accept litigation matters that involve less than $50,000 excluding attorney’s fees.
Demand, Notice, or Response Letter Only. Clients occasionally ask that a legal demand or notice letter be written on their behalf – but only the one letter. They are not requesting on-going representation. In such cases, we will agree to write a formal demand (or response letter, as the case may be) citing applicable law. Fees for straightforward cases are $750 for amounts under $50,000, $1,500 for amounts over $50,000. The response (if any) from the opposing party will be forwarded to the client, but we are not retained for additional representation or action of any kind, whether in the form of meetings, letters, emails, or phone calls. This is a highly limited form of representation. The letter, including counsel given to the client, is a one-time event and there is no retainer arrangement or time period during which we are obligated to provide additional services. Note that there is no guarantee that a letter from us will produce any particular result in a dispute.
Flat-Fee Retainers. Fees and retainers for representation in disputed, non-litigation matters are determined with reference to the complexity and likely duration of the case. It is very difficult to fix a universal flat fee for such cases, so for purposes of these Fees & Policies we supply only a likely monetary range. Included are a reasonable number of client conferences, letters, faxes, phone calls, emails, and document preparation (e.g., demand or response letters and follow-up) involved in a diligent attempt to complete the task or settle the dispute with an opposing party or their attorney. A release, settlement agreement, or other document may be needed and is included.
We offer flat- retainers as follows: 30 days, $2,500; 60 days, $3,500; and 90 days, $5,000. Flat-fee retainers are one-time up-front flat fees that are paid in advance. Please do not ask us to finance the retainer. Flat-fee retainers are NOT subject to hourly billing or accounting. We do NOT bill against them at an hourly rate. Funds belong to the attorney as soon as they are paid and may be immediately deposited directly into this firm’s operating account. After the specified term, the retainer automatically expires and must be renewed (if at all) by express agreement in writing between the parties. There is no automatic renewal. There is no assumed or implied renewal. No guarantees are ever made as to the outcome of any legal matter for which we are retained. There are no exceptions to these policies.
Retainer Accounting and Duration. The retainers described in the preceding paragraph are flat-fee non-refundable retainers for which no hourly billing or accounting is made. There is no refund for any alleged “unused” portion. The retainer and our obligation to the client automatically end at the conclusion of the specified time period or when we, in our discretion, declare an impasse. There is a reason for these time limitations. As a general rule, based on our experience, disputes not settled in 60 to 90 days should either be escalated to the level of litigation or abandoned.
Credibility Policy on Demand Letters. As a matter of ethics and professional credibility, we always do exactly what we tell the opposition we will do . . . so we will not write a letter threatening a lawsuit or other action unless the client has pledged to us in advance that he or she is actually willing to back it up. A substantial advance retainer deposit may be required as evidence of the client’s ability and willingness to follow through. Otherwise, no threat of litigation will be made.
Mediation. Our fees are $900 in advance for attending a half-day mediation or $1,700 for a full day (most mediations are half-day). This does not include fees due the mediator (usually around $500). While expensive, mediation is far less costly than continued litigation and, according to studies, results in a settlement about 80% of the time.
The client is obligated to negotiate with an open mind or we will not accept the case. Our fees are due one week in advance and are not contingent upon the outcome. Absolutely no guarantees are made. Either Mr. Willis or an experienced board-certified colleague may attend.
Disputes and Lawsuits among Family Members. If you are involved in a dispute, lawsuit, or a potential lawsuit against a family member, we understand that legitimate grievances may exist. However, as a matter of firm policy, we simply do not handle these sorts of cases.
32. Adverse Possession
Paid Evaluation Consultation Required. A paid initial consultation is required before we accept any case that involves preparing adverse possession documentation. The purposes of this consultation is to: (1) evaluate the legal merits of the claim; (2) determine good faith on the part of the client; (3) assess any professional liability that handling the case could bring to this law firm. Offering an initial consultation does not obligate us to accept the case. Fees for the initial consultation are $250. This fee is not credited toward future fees for the case.
Extensive or complex cases. We reserve the right to decline the $250 initial consult when it is clear to us that the case is very complex or very document-heavy. Some adverse possession cases are too extensive to be addressed in such a limited introductory format. In such cases, we may offer an alternative retainer arrangement – usually a two-hour minimum at $450 per hour, and $450 per hour thereafter.
Affidavit Explained. An Affidavit of Adverse Possession is a creative device for claiming title to property based on occupying it. They are an alternative to filing an expensive court action to establish title. “Adverse possession” refers to circumstances under which one may lawfully lay claim to ownership not originally one’s own. Civil Practices & Remedies Code sections16.021 et seq. sets forth the legal requirements. We suggest you read our web article entitled Adverse Possession in Texas for details before proceeding.
Affidavit is not Title. An affidavit of adverse possession should state a person’s claim to title, but it is not in itself a deed to the property. The affidavit is designed to allow the adverse possessor to use the filed affidavit to obtain credibility and legitimacy of title over a period of time, but NOT immediately. The affidavit method is not suited for persons who want to adversely acquire property and then immediately convey or flip it.
Adverse Possession Affidavit Method vs. Court Action. The affidavit of adverse possession is a less expensive alternative to the cost of title litigation which can easily cost $50,000 or more. However, there is a certain level of risk when it comes to the outcome. Adverse possession techniques have a higher rate of success when spread over time. If absolute and short-term certainty is required then the client must take the more expensive route of seeking a judicial determination of title (i.e., a lawsuit and a final judgment) from a district court.
No Guarantees in Adverse Possession Cases. Adverse Possession is a risky and aggressive means of claiming property that is not your own. While we prepare documents in accordance with existing law and best practices, we make no guarantees that our adverse possession documents will be “approved” by any particular lender or “accepted” by any future title company.
Lenders and Title Companies. Lender policies vary widely. Title companies are individually owned and underwritten and have different procedures and policies which change unpredictably. A lender or title company may be hesitant or require additional documentation. Some lenders and title companies want nothing to do with adverse possession, just as a matter of policy, and there is nothing we can do about that. It may be necessary to “shop” title companies to find one that will cooperate. No assurances regarding lenders or title companies can be made to the client.
Legal Fees – Affidavit. Claiming title to property that you do not own is not an inexpensive process. Fees begin at this level. We may quote higher in any given case.
Creating a New Chain of Title. This requires that the affidavit method be taken a step further and used in conjunction with deeds to create a new chain of title in the name of the adverse possession claimant. If done correctly, the outcome is a warranty deed in the name of the person claiming ownership. This both terminates the previous chain of title and starts a new one.
Caveat. This approach to creating a new chain of title is a sophisticated and creative technique used as a less-expensive alternative to a full-scale district court action seeking a judgment determining title. It is not the same as immediately obtaining insurable title, a title policy, or any sort of guarantee. If certainty of title is required in the short term, stop here. The affidavit method does not create immediately-insurable title. This level of certainty requires that you file a lawsuit and obtain a district court judgment determining title.
Legal Fees – New Title Chain. Fees for creating a new chain of title begin at $2,500. Fees begin at this level. We may quote higher in any given case.
Legal Fees for Adverse Possession Cases. The quote of a specific fee in any given case may be delayed until after the initial consultation on adverse possession. Legal fees exclude recording fees and other costs (such as a survey or title report) which are the responsibility of the client.
Online Process. The Affidavit of Adverse Possession process is handled online without the need for in-office meetings.
Legal Description of the Property. It is essential that we be provided with a valid legal description of the property, which means either a valid lot and block description or a recent metes and bounds survey of the specific tract that is subject to adverse possession. This must be a separate and distinct description (It cannot just be a shaded area on a larger map, for instance). We cannot proceed without a valid legal description such as a lot and block description or recent survey of the exact tract involved.
Title Report. We may, at our discretion, require that the client obtain a title report on the property from a licensed Texas title company in order for us to proceed with the case.
Not an Investment Strategy. We are glad to assist clients who have legitimate cases for adverse possession. However, adverse possession is not a valid investor strategy or a business plan for accumulating or flipping real estate.
Legal Liability. Wrongful pursuit of adverse possession can have serious consequences. The Business & Commerce Code provides not only for civil liability for real estate transfer fraud but criminal prosecution for co-conspirators, including lawyers. As attorneys, we must be mindful of this risk and it is reflected in our non-negotiable fees in this area.
DIYers. For liability reasons, we will not work with anyone who has attempted or is attempting to do any part of the adverse possession process on a DIY basis. DIYers inevitably make errors in this area of the law that can be time consuming and expensive to undo and correct.
Recording Executed Documents in the Real Property Records.Generally, our clients record their own signed documents with the local county clerk. The client has the executed original document in hand (we do not) so this is the easier way to do it. Add $75 handling per document (plus the applicable filing fee) if we are asked to perform the task of filing documents with the county clerk. Note that only original notarized documents can be recorded in the real property records. Copies cannot be recorded.
No Obligation to Accept Case. Adverse possession cases are difficult to prove and may involve significant liability for us as a law firm. Even if we agree to consult on a case, we make no guarantees about whether or not we will accept it after the consultation.
33. Additional Policies Relating to Legal Fees and Costs
Online Fees. Fees quoted on this website are for services provided online, supplemented if necessary by phone and fax.
In-Office Meetings and Services. To the extent that these are available, in-office fees may be significantly higher than the corresponding online fee. Inquire.
Scope of Legal fees. All of our flat-fee services are individually priced per item. Neither costs nor extra services are ever included in flat fee quotes. Flat fees are strictly limited to the subject item plus reasonable follow-up in the immediate time frame (three business days). They do not include legal services not expressly included in the flat fee, supplemental or unrelated document preparation, physical inspection by us of property, travel to rural counties, research in the courthouse, and the like unless express prior arrangements and additional payment are made.
Costs Not Included in Fees. Legal fees never include costs such as clerk´s filing fees, court reporters, mediators´ fees, overnight delivery, and other costs. A quote for legal fees (even a flat fee) never includes costs and expenses. Clerks´ filing fees, court reporter fees, mediator fees, and the like are always extra. This is true at nearly all law firms. Costs imposed by third parties are beyond our control and subject to change without notice.
Flat Fees and the Occasional Exception. Flat fees (as opposed to hourly fees) are an accommodation to the client and are quoted with the understanding that reasonable adjustment may be necessary if there is a substantial increase in legal work due to unforeseen circumstances.
Flat Fees – Reasonableness Standard. We offer flat fees strictly as an accommodation to the client but we must maintain a reasonableness standard. Example: a client seeks a residential consultation but then accompanies the request with an overwhelming number of questions and/or many legal or financial documents for us to read and analyze. As a result, the task could take hours. That is not reasonable at such a low fee level. Another example would be a flat-fee representation in which an attorney unexpectedly appears representing the other side. This increases the quantity of legal work significantly beyond what was anticipated.
There are many possible examples to which our reasonableness standard would apply. Accordingly, we reserve the right to determine what is a reasonable scope of work for any flat fee and then, after discussing the matter with the client, increase the fee, convert to an hourly rate, or decline the representation and refund the unused portion of the client’s payment (if any). If agreement with the client cannot be reached on these matters we may terminate the employment on such terms as we deem equitable in our sole discretion. If a refund is made, the appropriate consultation fee will be deducted from any such refund in order to cover our time expended to date.
Refunds. We reserve the right to terminate our representation at any time if we consider it appropriate to do so and, if equitable, issue a refund in an appropriate amount. If time and effort have been expended, a consultation fee (at minimum) will be deducted from the amount refunded. Refund is exclusively by law firm check mailed by first-class U.S. Mail to a domestic (i.e., United States) address.
Accounting for Flat Fees. No hourly accounting is ever kept or made in flat-fee matters, and the client has no right to demand one.
No Contingency Fees. We do not accept contingency cases. Such arrangements are usually offered by personal injury attorneys who expect to collect settlements from insurance companies with deep pockets, which is not generally true of real estate and business lawyers.
Statements. When sent out as quotes or estimates, statements are good for three business days only.
Discounts. We may occasionally offer a discount for a certain payment method (e.g., 3% discount for using Paypal or making a direct deposit to our operating account). These discounts must be taken by the client at the time payment is made or not at all. They do not carry forward as credits and are not available as “refunds” at a later date.
Fees for Services Performed on Weekends and Holidays. An urgent matter may require you to request services on a weekend or during the holidays. We understand. However, fees increase by 20%.
Fees are Non-Refundable. Fees, once paid, are entirely non-refundable in nearly all cases. The sole exception is when express advance provision is made in writing (in a written agreement or a clear mutually-agreed email) that funds not fully used in a particular case will result in a partial refund to the client. If a partial retainer refund is due, it will be calculated at our firm’s sole discretion based on our flat fees, our hourly rate, or a combination of both. Refund is exclusively by law firm check mailed by first-class U.S. Mail to a domestic (i.e., United States) address.
Expiration of Fees and Retainers. Payment of fees and/or a retainer does not result in this law firm being obligated to deliver services indefinitely into the future. For example, online consultations automatically end after three business days; documents we provide are also automatically considered final three calendar days after delivery to the client. All retainers, overpayments, or credits to a client´s account must be used within six months or they automatically expire in their entirety, without exception. Certain pre-arranged retainers may be expressly limited to a shorter term. The point is, fee and retainer arrangements are finite and not perpetual in nature.
Fees and Retainers are Not Held in Trust or Escrow. All fee and retainer payments absolutely and unconditionally belong to the attorney immediately upon payment, without exception. These funds no longer belong to the client, in whole or in part. There is no requirement whatsoever that such funds be held “in trust” or “in escrow” or deposited in a separate or segregated account for any purpose or for any period of time. There is no requirement that interest on any such funds be paid to the client.
Advance retainers are stipulated to be current payment for legal services rendered or to be rendered. They belong to the attorney as soon as they are paid and may be immediately deposited directly into this firm’s operating account. No exceptions, ever.
Timely Payment of Invoices. Invoices are immediately due upon delivery of the invoice to the client. Payment is officially late ten days after delivery of the invoice or statement. Late payment or non-payment within ten days may result in termination of the attorney-client relationship. In particular, after a legal services bill is more than 10 days late, we are automatically relieved of any obligation to continue delivering legal services, without notice to or consent from the client. Depending on the circumstances, clients in default may be considered adverse parties subject to legal action.
Receipts. Receipt of payment may always take the form of an email acknowledgment that payment has been received. Such an email is an official receipt from this firm. If the client needs a physical receipt, this email should be printed out for the client’s records. Occasionally a client requests a detailed statement in a specified form that satisfies that client’s own internal accounting requirements. We will provide one for a $50 charge.
Forcing Us to Request or Demand Payment. We send statements and invoices and expect them to be promptly and discreetly paid, without fuss or delay. It is both uncomfortable and unprofessional for a client to put us in the position of asking for payment of an outstanding invoice. Please do not do this if you wish us to continue to act as your counsel, as it is grounds for our withdrawal.
Disbursements to Clients and Third Parties. In the event there is disbursement due a client or third party, payment will be by law firm check and this office shall have thirty days in which to make that payment. There is no requirement that such payment be made by cashiers check or certified funds.
Client Refunds. In the event this firm elects at its discretion to make a full or partial refund of funds to a client, payment will be by law firm check and this office will have thirty days in which to make that payment. The check will be sent by first-class U.S. mail to a domestic (U.S.) address. If the original payment was received by credit, debit, or wire, the refund or disbursement shall be net after deduction of transaction charges such as fees charged by credit/debit card processors.
If substantial attorney time has been expended or legal advice given (as determined in our sole discretion) the net refund will be made less the appropriate consultation fee. We may, at our discretion, require that the client sign a full and complete release prior to issuance of a refund. The client agrees to do so.
Compare Fees. We consider our fees to be reasonable in light of our unique specialties and the availability of fast services online, but we are not a discount law office and make no attempt to compete with the lowest fees in the marketplace. You are encouraged to compare our fees with those charged by other board-certified lawyers with many years’ experience.
34. Additional Policies Relating to Document Preparation
Document Preparation Fees – Immediate Time Frame. Document preparation fees are for document drafting/review/correction in the immediate time frame (three business days). After expiration of that period, all documents provided to clients are automatically considered final. We are certainly willing to accommodate clients with reasonable changes and the like; however, asking us to make changes to documents weeks, months, or years later (yes, this happens) is not reasonable and will incur additional fees.
Document Preparation Fees do not Include Filing Fees or the Cost of Recording in the Real Property Records. Document preparation fees do not include additional services beyond actual preparation of the document itself (examples include negotiations with the opposing party, filing documents with government offices, or later amendments to filed documents), although these services are available at an additional charge. This is the nature of a flat-fee system.
Advance Payment Required for Document Preparation. Advance payment is required. This includes fees for closing documents (in other words, we do not take the risk that the transaction will not close) and always exclude filing fees. Our charges are for documents only and do not include free in-house closings.
In-Office Closings. Closings in our office are not included in stand-alone document preparation fees since closings are a time consuming service (an hour or more) that is separate and additional to document preparation. If our contemporaneous input is needed at closing, “conference call closings” are usually a satisfactory alternative, so long as the client has a notary and a copier available on site.
Preparing Documents vs. Negotiating Documents. Flat document preparation fees do not include additional services such as negotiating terms and provisions with other parties or their lawyers. Negotiation is a time-consuming function distinct from merely drawing up a legal document and is a separately charged-for service. This is the nature of a flat-fee system.
Document Preparation Fees are not a Long-Term Retainer. Legal advice over time is an extra level of service that is not included in our document preparation fees, which are stand-alone flat fees priced for fast delivery of quality documents. Our responsibility to make corrections and changes automatically concludes three business days after delivery, and the documents are considered final. This is how a flat-fee system works. If our advice and services are required over a period of time into the future, we are certainly available for this – but for a charge which is in addition to the document preparation charge (usually in the form of a retainer).
Sending the Client to Law School. Occasionally, a client will – in addition to requesting a consultation or that we prepare a certain document – also ask that we engage in a detailed or extensive theoretical discussion of the law. For example, the client may want to pull apart a trust agreement or an LLC company agreement and request a legal analysis of why each provision was written in a certain way. Other clients may want a comparison of Texas practice to that of other jurisdictions, or a comparison with federal law, and ask that we provide citations to relevant cases and statutes.
While we are willing to provide a brief explanation of certain of these matters (it is a question of degree), we must decline to enter into discussions, debates, or extensive analyses of legal theory, the history or evolution of jurisprudence, or comparative law. We are not a law school. This extra level of service is simply not included in our flat-fee system. Flat fees (whether for consultations or document preparation) are designed to be economical stand-alone fees priced for fast delivery of quality custom documents and services – but without extra frills.
This section overlaps with our “reasonableness” requirement (mentioned above) in connection with flat fees. As has been said, we will not allow this firm to be taken advantage of by the flat-fee system, which is intended to be a convenience and an accommodation for clients who desire relative certainty in their budgeting for legal services. If the client wishes to take a different, inconsistent, or more extensive approach, we may decline, cease work and offer a partial refund, or at our discretion convert the existing arrangement to hourly billing.
Use of the Attorney as Trustee in Real Estate Documents. Use of the attorney´s name as trustee (e.g., on a deed of trust or a simultaneous conveyance) is not a free service. Acting as trustee can incur significant liability for us by making the attorney a target for litigation (trustees are sued all the time) and an appropriate charge (beginning at $25 for residential deeds of trust) is therefore added to compensate for risk. We may choose to decline to act as trustee in any transaction or on any document at our discretion. We never act as trustee on clients’ land trusts. We never act as trustee on any document that is not prepared by this office.
Document Preparation on Weekends and Holidays. Legal documents may be available on weekends and holidays, by request and for an additional fee of 20%. All legal fees increase by 20% in the last 10 days of the calendar year because of the intense rush to complete company formation and other transactions before January 1st (which happens every year). No discounts or credits of any kind are available during this time.
Legal Descriptions of Real Property. It is the client’s responsibility to provide us with a clear and legible legal description (lot and block or metes and bounds) in connection with preparation of real estate documents. The client may have to enlarge or darken their copy, re-transmit to us, obtain a clearer copy from the clerk’s office or title company, or take whatever other steps are necessary for us to have an accurate and legible description to work from.
At times, it may even be necessary to first obtain a new survey so as to have a “clean” and/or valid exhibit to a document, since clerks may not accept documents with exhibits that cannot be easily read. In such cases they may affix a notation that the property description is illegible. This is unsatisfactory for the client because it casts the transaction in doubt, and it creates potential liability for us. We may choose to decline a case at our discretion if the client is unable to supply legible copies. We do not accept any liability if a client chooses to attach an illegible exhibit or legal description to a document that we prepare.
34A. Additional Policies Relating to Review/Comment on Existing Documents
There are several possible levels of attorney involvement in this area:
(1) Q&A as to the present form and content of the document. No revisions – just Q&A as to the present form and content of the document. $250.
(2) We offer more extensive review/comment plus revision of clauses on the document but no interaction with the other party or the other party’s representative. You represent yourself in negotiations. Fees are $450 per hour with a two-hour non-refundable minimum to start, $450 per hour thereafter. Billing is by periodic advance retainer installments, since we do not send bills after the fact. Retainers may not reach zero unless the case is ending.
(3) Full representation: you engage us to represent you in negotiations with the other party’s attorney. We revise documents pursuant to those negotiations. Fees are $450 per hour with a two-hour non-refundable minimum to start, $450 per hour thereafter. Billing is by periodic advance retainer installments, since we do not send bills after the fact. Retainers may not reach zero unless the case is ending.
The client must confirm which option above is selected BEFORE proceeding.
Document Review/Comment – Limitations. We gladly review and comment on legal documents prepared by other professionals (attorneys and realtors only) for the usual investor consultation fee. We are occasionally asked to review out-of-state forms, investment seminar forms, or documents obtained from the internet in order to determine whether they would be valid in Texas. As part of an investor consultation, we are willing to say “yes” or “no” to the legal validity of these forms in Texas, but that is all. We do not comment further on them.
We do not attempt to bring Internet forms up to legal standard. It is not part of our practice to modify these non-standard forms (which are often deficient) in order to make them conform to Texas law . . . so we respectfully decline to do this. In particular, we do not “review” and “fix” guru/mentor/seminar documents, most of which fail to comply with Texas law. Many of these forms are plainly both junk and litigation bait, and our clients are strongly cautioned against their use in most cases. For our part, we do not want the liability of even attempting to fix them.
We do not attempt to review DIY documents. We do not attempt to review or comment on homegrown DIY documents (they are just too far out of the box – we´ve even seen one scribbled on a napkin). We are not alone in having these policies. We do not know of any quality law firm that engages in this sort of work.
Our Custom Documents. This firm has its own proven and sophisticated documentary formats for Texas real estate and business transactions that have evolved over the years during the course of thousands of transactions, and we carefully and conscientiously adapt these in order to produce quality custom documents suited to the specific client and case.
35. Additional Policies Relating to Client’s Obligation to Carefully Review Documents
Draft Documents – Client Review. We may send drafts of documents to the client to review. It is the client´s responsibility to read these drafts carefully and promptly (within three business days) make us aware of specific changes or corrections that need to be made. This is an expected and required level of professional cooperation on the part of the client. If we receive no request for changes or corrections within the three business day period, the documents are automatically considered final. No exceptions.
Changes and Corrections. We gladly make corrections and reasonable changes within the immediate time frame (three business days). This time limitation is necessary, since otherwise we have found clients asking us to make changes months or even years later. After three business days, documents we have sent to the client are automatically considered final. Changes desired by the client after that time will incur appropriate additional revision fees.
Major Rewrites by the Client. Our documents are appropriately customized but nonetheless follow a certain pattern and format. This is true in all law firms. Our format is taken into account in our flat-fee pricing. If the client desires a significant rewrite of a document that departs from our usual format, or requires alterations that amount to more than a few minor changes, then a significantly higher custom document preparation fee would apply. Alternatively, we may offer a switch to our hourly billing rate (two-hour minimum). Custom drafting services are most definitely available (we do these often) but not at the usual quoted flat-fee.
36. Additional Policies Relating to Document Delivery to Clients
Online Delivery. We are proud of our ability to deliver quality, customized documents in record time, usually within a few business days of receiving the necessary background information from the client, weekends and holidays excluded. Note that there may be occasions when the attorney is traveling, attending a seminar, on vacation, in trial, or otherwise engaged, and we may then not be able to meet this goal. All documents are delivered by email pdf attachment.
Pestering. Our usual process is to deliver documents within a few business days, weekends and holidays excluded. We often complete the job sooner. As far as we know, no other quality law office is faster. So recurrent calls or emails from the client asking “Is it done yet?” are not helpful. Please allow us adequate time to do our job. Persistent pestering may result in our stopping work and issuing a refund in an amount that we deem appropriate under the circumstances.
Shipping Company Books and Documents. We usually use UPS ground for shipping. We retain tracking information for 30 days only. Clients must let us know within the 30-day period if a shipment was not received. Past 30 days, we have no responsibility to track or replace missing shipments.
37. Additional Policies Relating to the Filing of Documents with Government Offices
Execution and Recording of Real Estate Documents. When we email real estate documents to a client, the client should execute the original document before a notary, make copies for all concerned, and then (if the document is intended to be filed) record the original executed and notarized document in the county clerk´s real property records (there is a modest per-page recording fee that varies by county – check their website). Only original documents may be filed.
Duty to File Documents such as Warranty Deeds and Deeds of Trust. Unless this office is specifically instructed and paid to handle the filing of documents in the county clerk’s real property records, the prompt filing of original real estate documents is entirely the responsibility of the client. This firm sends real estate documents all over Texas, and it is usually more efficient for the client to do his or her own filing locally, without all the back and forth and related delay, which is the reason for this policy. Note that we assume absolutely no liability for the correct recording (or non-recording) of documents that a client files on a do-it-yourself basis.
If We are Asked to Record Documents. If we are asked to handle filing, the original document(s) will need to be executed before a notary and returned to us (since only originals can be filed with the county clerk). Add $50 to our fees plus the clerk´s filing fee (usually about $28 – $32 for a deed, more for longer documents). We send documents for recording by first-class mail in the usual course of business unless other prior arrangements are made for expedited delivery.
Minor Clerical Errors on Documents we have Filed or Documents Received from the Printing Company. We take reasonable precautions to avoid errors and will of course act to correct major errors, defined as errors that have substantive legal effect. However, it is not our policy to re-file documents with clerks or otherwise incur expenses to correct minor clerical errors (e.g., a missing comma or the like) that have no substantive legal effect. “Substantive legal effect” is defined at our sole discretion.
Errors in Document Processing by Clerks. Clerks vary widely in processing time and occasionally make mistakes. These public offices are underfunded and understaffed. We cannot be responsible for delays, omissions, or errors caused by a county clerk, district clerk, or a secretary of state, and we can never be precise as to the time it will take for a document to be processed in a clerk´s office and the original filed or returned.
If it is necessary to take action to correct a clerk’s error or omission, or if a document must be re-filed due to a clerk’s oversight or error, then additional legal fees and costs may apply, and these are the sole responsibility of the client. This firm does not ever absorb such fees and costs.
38. Additional Policies Relating to Attorney-Client Communications (Including Client Obligations)
Agreement to Use Email Whenever Possible to Avoid Phone Tag. Good attorney-client communication is essential. Clients agree to check their email at least once daily while we are working together. This includes checking the spam folder. If our emails to a client persistently bounce back, then the client will be asked to supply a different email address. If the client does not do so, we may terminate the representation.
Texting. Texting is not suitable for communications in legal matters. Please avoid it.
Clients with Multiple Email Addresses. We prefer not to get involved with this because (1) we have many clients with whom we are exchanging emails at any given moment, a number of them in different time zones, and it is difficult for us to remember individual home emails, work emails, spousal emails, travel emails, and the various local times at which these are to be used; and (2) using multiple email addresses breaks the email thread which we rely upon to insure the continuity of our discussions concerning your case. Kindly choose an email address you wish us to use and stick to it.
Clients Should Read our Applicable Legal Article(s). Client education is vital and it is part of the client’s obligation to be fully informed on his or her case. We strongly suggest that clients read our web article(s) applicable to their issues prior to engaging our firm. This ensures we have delivered maximum relevant information to the client. By hiring us, the client certifies that he or she has first read this information.
“Immediate Time Frame.” We include questions, follow up, and changes/corrections with a number of our legal services (including consultations, APRs, and document preparation) within the immediate time frame, defined to be three business days and no longer. After that, payment of an appropriate additional fee is required. If one were to visit an attorney in his or her office, one would have that 50 minute period in which to ask questions, and no more . . . so we consider our 3 day Q&A policy to be exceedingly reasonable. No exceptions.
Client-Provided Summaries. To save time and ensure accuracy we may ask that a client organize information and summarize a list of items – for instance, a list of overdue note payments with due dates, or a list of street addresses matched with lot and block descriptions of real property. This is part of the client’s responsibility and is an expected level of professional cooperation. Failure to cooperate in this manner may result in termination of legal services without refund.
Inquiries on Behalf of Others. We occasionally receive inquiries from persons who are asking about the legal situation of another. For liability/confidentiality reasons, we prefer to deal directly with potential clients, so we may respectfully decline to respond to such an inquiry.
Online Reviews. We are grateful for candid online client reviews. When these are posted online they are considered to be within the public domain (i.e., not confidential) and we may therefore include such reviews (along with the client’s name) on our website without further discussion with or permission from the client. Clients consent in advance to this. If a client lets us know that they are uncomfortable with inclusion of a review on our site, we will act promptly to remove the review.
39. Additional Policies Relating to Meetings, Court Dates, and Scheduling
In-Office Meetings and Services. Not currently available for new clients.
Dress Code and Decorum for Office Appointments. This is a law firm and we adhere to traditional standards of dress and decorum. Appropriate clothing is business casual and up. We will cancel your appointment on the spot if you are dressed inappropriately, indecently, or disreputably in the context of a professional office. Examples: cargo shorts and flip-flops, bathing suits, muscle wear, thug or gangsta outfits, or clothing indistinguishable from underwear. These are too casual for a meeting with an attorney. If you consider our standards to be unreasonable, we respect your opinion, but we would nonetheless ask that you please seek other counsel.
Small Children at Office Appointments. We love children, but they do not belong in meetings with your attorney. If you bring small children, please arrange to have someone accompany you who can watch the children in the reception area while you are meeting with the attorney.
Lateness for Office Appointments. Appointments are automatically canceled if the client is 30 minutes or more late. Email us to discuss re-scheduling. We are under no obligation to re-schedule someone who has no-showed for a previous appointment.
Court Dates. Court dates do not go onto the attorney´s calendar unless and until a retainer deposit is received and the attorney expressly confirms that he or an associate will be present. Never assume that an attorney will appear on your behalf, merely because you have informed him that a court date is approaching, unless this has been expressly confirmed in advance. The attorney is under no obligation to appear unless retained and paid in advance specifically for that purpose.
Free “Meet and Greets,” Free Phone Calls, “Interviews,” and the Like. From time to time, we receive requests for an old-fashioned free “meet and greet” or “interview,” either in person or by phone, in order for a prospective client to determine if he or she is sufficiently comfortable with our attorney to hire us, or to assure in advance that this is the law firm that is best suited to the inquirer’s needs. This request is often accompanied by a promise of future legal business. We decline. From our end, we have no incentive to take on a potential new client who opens the dialogue with a request for free attorney time or services.
Time limitations and the demands of our existing clients do not allow us to include such free discussions in our business model. We view them as paid consultations. No free attorney time – online, on the telephone, or in the office – is offered. No exceptions. The best way to evaluate an attorney is to utilize him for a paid legal service – a consultation, preparation of a document, or some other task. This is also the best means of persuading a busy, well-known, and highly-specialized attorney to accept you as a client.
Associated Attorneys. In the event of a scheduling conflict, at our discretion, a qualified associated attorney may appear in court, at a foreclosure, a mediation, or other similar matter without notice to or consent from the client or a reduction in fee.
Attorney Vacations. Everyone needs a vacation. There is no requirement that our attorney post his vacation schedule in advance on the website. There is no requirement that our attorney notify current clients that he is leaving on vacation.
Christmas/New Year holidays. This is a busy time for document preparation and entity formation since many clients want to complete transactions or establish companies by the first of the year. The Secretary of State´s office (always understaffed) is backed up during the holidays. The printing company that produces our company books is swamped. U.S. Mail and UPS are slow. We may be available during part of this period, but patience is required.
Also, all legal fees increase by 20% in the last 10 days of the calendar year because of (1) the intense rush to complete transactions before January 1st; and (2) the fact that you are asking us to work during the holidays. No discounts or credits of any kind are available during this time.
40. Additional Policies Relating to Real Estate Brokerage Services
Real Estate Brokerage Services. Before engaging this firm in a real estate brokerage capacity we ask that you first read “Information about Brokerage Services” (a required notice) which is available at the TREC website: http://www.trec.state.tx.us/pdf/contracts/OP-K.pdf
41. Additional Policies Relating to Title Companies and Lenders
Title Insurance and Title Reports. This office is not affiliated with a title company and does not offer title reports, title insurance, or title company-style closings. A title search or title policy may be obtained but is not included in the fee for preparing a warranty deed or other document. Such a fee is paid directly to the title company or title researcher. All buyers of real estate are advised to perform thorough due diligence which includes checking the status of title, property taxes, the existence of liens, and the like prior to closing. Similarly, all clients foreclosing on real property are encouraged to obtain a title report to determine if there is an IRS lien (we do not automatically do this).
No Responsibility for Title Company Policies or Actions. Although regulated by the State Board of Insurance, title companies are independently owned and underwritten. They can be demanding, arbitrary, and even whimsical about what they require or approve. Our documents are always legally effective, but we make no guarantees concerning any particular title company´s preferences, demands, or underwriting approval. Complying with such demands, or negotiating with title company closers or attorneys, will incur additional fees beyond the document preparation fee. Note that for certain creative transactions, it is occasionally necessary to “shop” title companies to find one that is amenable to the transaction at hand.
No Responsibility for Lender Actions or Loan Approval. Nearly all lenders have become more difficult to deal with since the real estate crash of 2008. They can be demanding, arbitrary, and even whimsical about what they require or approve. Our documents are always legally effective, but we make no assurances or guarantees concerning any particular lender’s requirements or underwriting. These are not matters of law but instead pertain to a lender’s internal rules and policies, over which we have no control.
In particular, we do not guarantee that a client will be able to open a depository account or get loan approval from any particular lender in the case of any particular person or entity. Note that it is occasionally necessary to “shop” lenders in order to find one that is friendly to a client’s business structure and strategy. This is part of a client’s professional due diligence obligation with respect to his or her own business. It is not a legal matter and it is not our law firm’s responsibility.
42. Additional Policies Relating to Limitations on Advice and Services We Offer
No Tax, Accounting, or Bookkeeping Advice. We are not tax advisors or tax return preparers and we have no such persons on our staff. We give no tax, accounting, or bookkeeping advice at all. We do not file tax returns. Any comments we make concerning such matters, particularly federal or state taxation, are intended to be general in nature and should be double-checked with a qualified tax advisor before proceeding. All clients are encouraged to have an experienced CPA who should be consulted every time there are potential tax and accounting consequences. Also: we do not send reminders at tax time.
1031 Exchanges. We prepare real estate transfer documents of all kinds. Our documents are not specific to 1031 exchanges (or any other particular tax consequence) – in other words, there are no clauses in the documents that refer to section 1031 provisions or compliance. For example, if the subject transaction is a wraparound, then the documents we produce are our customary wrap documents. In our view, the 1031 aspect is entirely dealt with on the accounting side and with the client’s retirement fund manager. Consult your CPA.
No Technical Insurance Advice. We are not insurance advisers in the technical sense. Any comments made by us concerning insurance are intended to be general in nature and pertain solely to the legal aspects of coverage and insurability. All clients are encouraged to have a good insurance agent or broker who should be consulted every time there are potential insurance or coverage issues.
Document Review/Comment – Limitations. We gladly review and comment on legal documents prepared by other professionals (attorneys and realtors only) for the usual investor consultation fee. We are occasionally asked to review out-of-state forms, investment seminar forms, or documents obtained from the internet in order to determine whether they would be valid in Texas. As part of an investor consultation, we are willing to say “yes” or “no” to the legal validity of these forms in Texas, but that is all. We do not comment further on them.
It is not part of our practice to modify these non-standard forms (which are often deficient) in order to make them conform to Texas law . . . so we respectfully decline to do this. In particular, we do not “review” and “fix” guru/mentor/seminar documents, most of which fail to comply with Texas law. Many of these forms are plainly both junk and litigation bait, and our clients are strongly cautioned against their use in most cases. For our part, we do not want the liability of even attempting to fix them.
This firm has its own proven and sophisticated documentary formats for Texas real estate and business transactions that have evolved over the years during the course of thousands of transactions, and we carefully and conscientiously adapt these in order to produce quality custom documents suited to the specific client and case. Finally, we do not attempt to review or comment on homegrown DIY documents (they are just too far out of the box – we´ve even seen one scribbled on a napkin). We are not alone in having these policies. We do not know of any quality law firm that engages in this sort of work.
43. Additional Policies Relating to the Types of Cases We Accept
Our Discretion in Accepting Cases. Whether we accept a case or client is entirely at the discretion of this firm.
Do-it-Yourselfers. We occasionally receive requests from persons who want assistance doing their own legal work. We regret that we cannot include such services as part of our business model.
Review/Comment on Internet Forms. We offer review/comment/advice on documents that have been professionally prepared by an attorney or realtor. We do not offer this service with respect to internet forms (99% of which are dangerous junk) or homegrown, DIY documents.
Half-Finished Cases. We occasionally receive requests to assume responsibility for a case that someone has been working on themselves pro se (without a lawyer). Because of the number of lawsuits against attorneys, we decline to assume professional liability for what a client did or did not do while the client was attempting to handle a legal matter without a lawyer. This is particularly true in lawsuits, evictions, and foreclosures where timing and content of notices and pleadings are critical. We respectfully refuse such cases unless we are able to re-start the process from the beginning for at (at least) the full fee.
44. Additional Policies Relating to “No Guarantees”
Outcome Guarantees. This office never issues guarantees of any kind at any time concerning the outcome of proposed transactions, entity formation, legal disputes, or litigation. Ever. We certainly do our part, but the rest is out of our hands. The client´s obligation to pay fees is never contingent upon the outcome.
Guarantees Relating to Filing and Recording of Documents. No guarantee is ever made that a government office will accept any particular document for filing or recording. In particular, Texas has 254 county clerks as well as a Secretary of State and Comptroller, all of whom are free to accept or reject the filing of a document for reasons of their own.
Closing Guarantees. We prepare closing documents, we do not guarantee that any particular transaction will close and fund. No refunds for document preparation fees are made if a transaction fails to close for any reason.
Guarantees of Title Company Approval for Creative Documents. Although we prepare such documents as affidavits of heirship, affidavits of adverse possession, and the like, these are creative approaches utilized in lieu of more expensive and certain court remedies. Title companies are individually owned and underwritten and have different policies and procedures that change over time, so we are unable to make guarantees that any particular title company will “accept” a creative document that we have prepared. Additional curative work may be required and if so, it will be at the client’s expense.
Bank Account Guarantees. No guarantee is ever made that a client or a client’s entity will be permitted to establish a depository or investment account at any particular bank. Ever. Bank policies regarding new accounts vary widely and we are not responsible for these. Any alleged representations and warranties as to a client’s ability to open a bank account are expressly disclaimed.
Loan Guarantees. This firm does not make any assurances that a client or a client’s entity will be able to get a loan from any particular lender. Ever. Bank underwriting policies vary widely and we are not responsible for these. Any alleged representations and warranties as to a client’s ability to get a loan are expressly disclaimed.
Insurability Guarantees. This firm does not guarantee that any real property owned or acquired by a client will be insurable against loss or damage.
Cooperation by Appraisal Districts. There are around 254 appraisal districts in Texas, all with their own independent policies and procedures. We make no guarantees or assurances whatsoever that an appraisal district will (for example) grant a homestead exemption or take any other action in any particular case or circumstance. We may prepare documents in support of a client’s efforts in this area, but the outcome is never guaranteed. Internal action within the appraisal district (e.g., an appeal) may be required in certain cases. Appeals are not included in our fees.
45. Additional Policies Relating to Intellectual Property
The Documents We Prepare are our Copyrighted Intellectual Property. Our firm retains sole and exclusive intellectual property rights to the creative and unique documents we produce. Accordingly, all documents produced by this office are proprietary and licensed to the client for use in a particular circumstance or transaction only. They are not sold. The client does not purchase ownership of our documents or the right to use them in other circumstances or transactions. Our documents may not be reproduced, re-used in any manner, or disseminated without our prior written permission.
Editable Versions of Documents. Quality custom documents tailored to the transaction is our main focus. With the exception of a limited number of “investor templates” listed above, our documents are supplied to the client only in PDF format, not in Word or other editable format. This is for intellectual property reasons and also to reduce our professional liability as a consequence of unintended re-use. Please do not ask for editable forms or templates.
Policies Regarding Copying, Reproduction, and Re-Publishing any Portion of This Website. This website is owned by David J. Willis Attorney. All content including text, articles, blogs, videos, and other elements comprising this website are copyrighted works and are the sole intellectual property of David J. Willis Attorney. You may not copy, reproduce, distribute, publish, display, modify, or in any way exploit any content contained in this website unless said copied content: (1) is reproduced without alteration; (2) contains or is followed by “© David J. Willis Attorney;” and (3) the complete original title, author credit, and date of publication are included. No changes or edits to title, content, text, hyperlinks, or images are permissible without prior written permission from David J. Willis Attorney.
No “Returns.” Because the content of our documentation is creative and proprietary, there is no “return” once our documents are delivered. No exceptions.
Penalties. Violation of this section on intellectual property automatically terminates the attorney-client relationship and our duty of loyalty to the client, who then becomes an adverse party. This firm will take every reasonable and necessary step to prevent theft of its intellectual property, including filing suit. It is agreed that in such cases this firm is entitled to injunctive relief and liquidated damages in the amount of $1,000 per day.
46. Additional Policies Relating to Record Keeping
File Retention Policy. We disclaim any responsibility for keeping any files (hard copy or electronic) for any minimum or specific period. In accordance with the Identity Theft Enforcement and Protection Act, hard-copy client files are shredded before disposal.
The Client’s File. Clients receive copies of all documents and correspondence pertaining to their case as the case progresses. This is the client´s file. Keeping these copies and maintaining them in an orderly manner is the client´s responsibility. Our file (both hard copy and electronic) remains the property of this office and may be disposed of or deleted at any time without consent of or notice to the client. Reproduction of our file, if we still have it, will incur a $150 fee.
Original Documents. We never retain original documents. Ever. Our files contain only electronic copies of (mostly) unexecuted documents. The client agrees and stipulates that this is the total extent of our record keeping obligation and that nothing further or more extensive on our part is expected or required. It is not necessary to send us copies of your fully executed documents.
Holding Documents or Company Books for Pick-Up at Some Later Time. It is not our policy to act as a storage facility for original documents or items. Accordingly, it is our policy to promptly prepare documents and company books and then promptly email or ship them out.
Data Loss or Breach. The retention and protection of electronic records remains an imperfect science, and with a public website there is always both risk of data loss and breach of information. We are mindful of this and take reasonable precautions to prevent data loss and hacking; however, we make no guarantees that such events will not occur. We are not a technology company and do not have the resources or ability to maintain ultra-secure systems. Clients expressly accept the risks and realities involved in online communications. All clients hold us entirely harmless in the event of data loss or breach.
47. Additional Policies Relating to Litigation
Litigation Review Required. A litigation review consultation (up to 2 hours, $750) is required for us to evaluate a real estate litigation case prior to our accepting it. The litigation review is a review, comment, and suggestion process conducted in an email discussion format, with a follow-up phone or video call as needed. It is not a retainer or agreement to act as the client’s official attorney in the case. A litigation review is offered with the understanding that our firm is not obligated to accept the case going forward.
Increasing Costs. The costs of litigation have doubled in the last ten years – for everyone, including the attorneys involved. Because of this and for ethical reasons, only quality cases with legal merit are accepted.
Minimum Requirements and Standards for Accepting a Litigation Case. Any case we accept must present both clear liability on the part of the defendant and real monetary damages in excess of $50,000. Our office also has additional requirements:
Justice Court. For smaller cases, we may assist a client in preparing his or her own case to present pro se (without a lawyer) in Justice Court where the jurisdictional limit is $10,000 and attorneys are not required.
Hourly Rates in Litigation Matters. As to hourly rates in litigation matters (if hourly billing is applicable rather than an agreed-upon flat fee): in-court time is billed at $750 per hour; out-of-court time devoted to the case, $550; and travel time (e.g., to and from the courthouse) is $150.
Contingency Fees. Contingency fee arrangements are not available.
Retainers – Filing or Answering a Suit.
Litigation Retainers. Retainers are intended to be initial, lump sum payments and may not be paid in installments. Initial litigation retainers are non-refundable. In complex cases involving numerous parties, the initial retainer and cost deposit may be greater. Included in the non-refundable initial retainer are detailed preliminary pleadings, a first round of written discovery requests and/or responses, a half-day mediation if ordered by the court, and settlement negotiations and documents. No hourly accounting is made for these flat-fee items. Once completed, additional retainer installments will be required if legal representation is to continue. For detail on the litigation process, and as a prerequisite to hiring us, please read our article Litigation in Texas.
48. Client Misrepresentation, Default, or Illegality
Client Misrepresentation of a Case. It is rare but occasionally a prospective client will misrepresent the facts and complexities of a case in order to seek and “lock in” a low flat fee – and then later attempt to hold this firm to the quoted fee when undisclosed issues come to light. If intentional, this is bad-faith conduct and cause for immediate attorney withdrawal. In the event of withdrawal, the attorney may in his sole discretion unilaterally determine an equitable accounting and issue an appropriate refund if warranted.
When a Client Breaks His or Her Word. This firm strives to uphold traditional Texas values including the idea that one’s word is one’s bond. When a client breaks his or her word to us with regard to payment of fees or costs or performance of the client’s obligations, this is not only a contractual breach it may also be a criminal offense (e.g., theft of services). If this occurs, we may immediately terminate the attorney-client relationship and cease providing services. If there is a positive balance in the client’s account, the attorney may in his sole discretion unilaterally determine an equitable accounting and issue an appropriate refund if warranted. In cases where there is a negative balance, the former client then becomes an adverse party and it is our policy to rigorously pursue all legal remedies to recover funds that are owed to us.
Attorney Withdrawal. The attorney may immediately withdraw from a case and close the file if fees are not timely paid; if the client materially fails to follow this firm’s published policies; if the attorney and client have a substantive disagreement concerning case strategy or methods; if the attorney determines that the client’s conduct or proposed conduct is unlawful; if the client engages in material misrepresentation or fraudulent conduct; or if a client is rude, unprofessional, unreasonably demanding, belligerent, abusive, or uncooperative. In the event of withdrawal, the attorney may in his discretion determine the value of services rendered to date and, if appropriate (as determined in our sole discretion), issue a partial refund to the client.
Exception to Attorney-Client Confidentiality. This firm is under no obligation to maintain client loyalty or confidentiality in the event a client commits an illegal, unethical, or wrongful act against this firm (e.g., writing us a bad check or committing chargeback fraud). This is an exception to our usual strict policy in such matters. The attorney-client relationship will automatically terminate if this occurs. In such cases, the former client becomes an adverse party and it is our policy to rigorously pursue all legal remedies.
NSF Checks, Declined Payments, and Chargebacks. This office has zero tolerance for theft of legal services (a criminal offense) which will result in immediate termination of representation. If this occurs, our firm is entirely relieved of any obligation to maintain client loyalty or confidentiality. The former client becomes an adverse party, and it is our policy to rigorously pursue all legal remedies and recourse.
Chargeback Fraud. This is the credit card equivalent of wrongfully stopping payment on a check and will result in immediate termination of representation. It is a criminal offense when used to avoid payment for goods or services delivered. If this occurs, our firm is entirely relieved of any obligation to maintain client loyalty or confidentiality. The former client becomes an adverse party, and it is our policy to rigorously pursue all legal remedies and recourse.
Client Defamation. The attorney-client relationship will automatically terminate if this occurs. Our firm is under no obligation to maintain client loyalty or confidentiality in the event a client states or publishes a falsehood regarding our professional abilities or services (libel or slander), whether on the internet or otherwise. The former client becomes an adverse party, and it is our policy to rigorously pursue all legal remedies and recourse.
Payment Failure in the Case of Entity Formation. If a client’s payment for LLC formation is not fully made or fails for any reason, then the client’s entitlement to or ownership of the entity formed will, at our election and sole discretion, be entirely forfeited to us, and this firm may either (1) dissolve the new entity; (2) take possession, control, and ownership of the entity and either sell or retain same for our own purposes; and/or (3) unilaterally amend the entity’s Certificate of Formation (TX) or Articles of Organization (NV) in any manner we see fit, all without notice to or consent from the client whose payment failed or was not made or completed. The former client becomes an adverse party, and it is our policy to rigorously pursue all legal remedies and recourse.
Accounting in the Case of Defaulting Clients. If a client defaults on a fee/services agreement, and if an accounting is to be rendered as to funds paid vs. services rendered and any costs incurred, then the attorney may use his judgment and sole discretion in allocating whatever payment(s) have been made, first to costs incurred on behalf of the client, and then to the services that this firm has rendered.
Our Right of Offset. Our right of offset is absolute and unlimited. If a client is delinquent on an unpaid invoice, then our firm may, using our sole judgment and discretion, offset the amount of the unpaid invoice against fees previously paid by that client (even if those fees were paid in connection with a separate file or case) in order to arrive at a net amount due either the client or this firm.
Client Fraud, Illegality, or Tax Evasion. This office advises clients on legitimate real estate transactions and asset protection. If it is determined (in our sole discretion) that a client is engaging in unlawful activities, representation will be immediately terminated without refund. We will not participate or assist in illegal, unethical, negligent, or wrongful conduct by a client, nor will we subject ourselves to potential liability for a client´s illegal, unethical, negligent, or wrongful acts. In particular, we will not tolerate the authorities alleging that we are a co-conspirator with the client in such acts.
49. Claims or Litigation Involving this Firm
Obligation to Mediate Claims in Good Faith. If a client presents a claim, grievance, dispute, or cause of action against this law firm or any person associated with it, then, prior to resorting to litigation or the filing of a complaint with any governmental or administrative agency: (a) the parties agree to negotiate in good faith in an effort to resolve the dispute; (b) if the dispute is not settled through negotiation, then the parties agree to mediate in good faith as follows: (1) mediation shall be for one-half day in Harris County, Texas; (2) each party shall each bear that party’s own fees, costs and expenses through the mediation and any follow-up work that may be required. If suit is filed without having first submitted the dispute to mediation, the parties agree that said suit shall be abated pending completion of mediation. Texas law applies. Notwithstanding the foregoing, there shall be no requirement that a claim made by this firm against a client be mediated prior to filing of suit.
Suits Against this Firm. Venue for any suit by a client against this firm or any person associated with it is exclusively in the county in which this firm is currently headquartered. Trial by jury is waived in favor of trial before the court. Recoverable damages are limited to actual, tangible damages. Damages for mental anguish and exemplary damages are entirely and unconditionally waived. Judgments obtained shall bear zero percent interest.
Suits Against a Client. In any litigation brought by this firm against a client, we may present a claim for any and all relief and causes of action permitted by law and equity, including but not limited to a claim for all net unpaid legal fees; unreimbursed costs incurred on the client’s behalf; general and special damages of any kind of which the client was a producing cause; exemplary damages to the extent allowed by law or these terms of service; and a request for equitable (injunctive) relief, both temporary and permanent. Any such claim may be presented as a sworn account. It is expressly agreed that venue for any legal action by this firm against a client may be in the county of the client’s domicile; the county in which the client’s principal business office is located; or in Harris County, Texas. Choice of venue among these alternatives shall be entirely and solely at our discretion. A judgment obtained against a client shall bear 10.00% percent interest. The foregoing are material provisions of our terms of service without which this firm would decline to represent any client.
50. Email Professionalism
Business Correspondence. Business correspondence, whether conducted by email or otherwise, is held to a higher standard of formality, correctness, and coherence than casual communications.
Emojis. Emojis are designed to express emotions in an informal context. They should be avoided in business communications.
Chatting. Occasionally, clients or potential clients misunderstand this firm’s role in the online marketplace and seek to utilize us as a free legal chat site. In spite of our significant online presence and our determination to supply an unprecedented amount of free information (by means of our website articles), we remain a business that sells legal advice, documents, and services, so – beyond making preliminary comments – we respectfully decline to engage in prolonged back-and-forth communications on an unpaid basis.
Dribbling. Many clients use handheld devices rather than keyboards and find it convenient to send us multiple short or fragmented bursts of information, often over a period of days or weeks. Occasionally these communications come from more than email address. This can make our job difficult since we receive many emails each day. To make matters worse, the email thread is often discarded, so we can find ourselves at a loss as to context. Our conclusion? Real estate law and asset protection are serious business and should probably not be conducted entirely by portable device or from multiple sources and addresses. Please take the time to get to a computer so we can communicate professionally. Send one or two comprehensive instructional emails with all relevant attachments that make it clear what we are being asked to do or what documents we are being asked to prepare. Then make payment. We will respond promptly.
Maintain the Thread. Busy professional offices can receive as many as fifty emails or more each day. The goal of most professionals is to be as responsive and thorough as possible; however, this becomes a challenge when we receive an email relating to a pending file that has no thread behind it that we can review for context. We get a lot of these. Often they are signed “Bob,” if they are signed at all. Time is lost because we have to write back and ask “Who is this?” or “What file does this pertain to?” which is inefficient and embarrassing for everyone. Never assume that the recipient of your communications has psychic ability, or that you are the only “Bob” that has ever existed in that person’s life or business.
Cloak & Dagger. This occurs when we receive emails that are not addressed to a specific person and are unsigned. Why the mystery? It is important for confidentiality reasons, particularly in a law office, to know by whom an email is sent and to whom it is directed. Accordingly, cloak & dagger is unacceptable in a business email. Address your emails and sign them.
Looping. This occurs when a client decides to include our firm (unwillingly) in the loop with all other persons who may have an interest in a particular transaction. The result is that we are copied on multiple emails from persons we do not know. Please do not do this without our express permission.
Bombardment. This is when a client engages us for a consultation or APR and then overwhelms us with an excessive quantity of emails, attachments, and unnecessary information wholly beyond and out of proportion to the scope of the consultation. Please keep our reasonableness requirement in mind and refrain from this.
Shouting. Sending an email in all capital letters is universally considered rude and the equivalent of shouting. Underlining your entire email or coloring it all in red falls into this category as well.
Text Talk. Business email is held to a higher standard of professionalism than personal email or texting. Correct spelling and grammar are essential. Never use “text talk” abbreviations such as “ur” for “your” or “OMG” as an exclamatory or other digital slang in business communications.
Rambling. A business email should get to the point and generally not exceed around 200 words. It should be broken into discrete paragraphs to enhance readability. If more content needs to be transmitted, it should generally be done in the form of an attachment. Note that this generally requires that an email be re-read and proofed before it is sent – checked for the basics in other words – spelling, grammar, coherence, completeness. In this sense, an email is no different than any other business letter. If you do not have time for this, you do not have time to communicate with a law office.
Center of the Universe. Professional offices often encounter clients who send emails as if that client were the only person communicating with the firm by email – when in fact businesses receive dozens of emails per day. “Center of the Universe” emails are often unaddressed, unsigned, vague as to content, separated by days or weeks (or even months!), and devoid of an email thread to which the firm can refer – all adding up to unreasonable and egotistical assumptions on the part of the sender that (1) the firm has no one else to communicate with; (2) we have been keeping the sender’s case first and foremost in our thoughts since their last email a week or a month or a year ago; and (3) we have nothing better to do than go back and search through hundreds of emails in order to identify the inquirer and determine what he or she is talking about. Our new policy is not to respond.
The Right to be Left Alone. Occasionally, a lawyer (or any other professional) may be traveling, attending a seminar or a funeral, be on vacation, or something similar. You may receive a message that the recipient is out of the office for a reason such as this, courteously asking that you re-send your message in (say) three days’ time. This is one of the new approaches of busy persons to email. It is no longer acceptable or polite to expect your lawyer (or anyone else) to return from a weekend or a vacation and dig out from under an avalanche of emails. Emails are not the treat they used to be back in the day. The trend now is to respect the privacy of others and not to over-burden them when they come back online. If your message is important, you will re-send it in three days. If it is not, you won’t.
Religion. A business email should not invoke God, offer to bless the recipient, or contain scriptural verses. We live in a diverse society. The recipient of your email may share your religious inclinations or may not, but never make this assumption.
DISCLAIMER
ALL FEES QUOTED ON THIS SITE ARE GENERAL GUIDELINES ONLY AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND WITHOUT REQUIREMENT THAT SUCH CHANGE BE FIRST POSTED ON THE WEBSITE. FEES MAY ALSO VARY DUE TO UNUSUAL COMPLEXITIES OR RISKS INVOLVED IN PARTICULAR CASES. THIS OFFICE DOES NOT REPRESENT YOU UNLESS WE EXPRESSLY AGREE TO DO SO IN WRITING AND WE HAVE RECEIVED AND ACCEPTED PAYMENT. UNTIL THEN, WE WILL RESPECT YOUR CONFIDENTIALITY BUT NO FORMAL ATTORNEY-CLIENT RELATIONSHIP IS CREATED AND WE HAVE NO OBLIGATIONS TO YOU OR YOUR CASE.
