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    July
    01
    2007

    Trust Account Rules Appendixes


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    Wisconsin Lawyer Wisconsin Lawyer
    Vol. 80, No. 7 , July 2007

    DISCLAIMER: The State Bar of Wisconsin makes no representations or warranties of any kind, express or implied, concerning the legal adequacy or enforceability of the accompanying sample or any part of it. These samples are intended for use only by lawyers admitted to practice in Wisconsin, who are expected to use their own independent legal and business judgment when evaluating the forms for their use.

    This information should be used as a guide only. You alone are responsible for your correspondence.

    (DATE)

    (Anonymous Client)

    (Address)

    (City, State, Zip Code)

     

    Re: Client's Case

    Dear Anonymous Client:

    As you know, my representation of you is now complete. You engaged me to represent you through completion of the following work: _____. That work is now concluded. As required by our original fee agreement, I am notifying you that, since I have fully completed the legal services that I agreed to perform in your case, the fee is now fully earned.

    You are hereby notified that if you dispute my fees in this matter, you must provide me with written notice of such dispute within 30 days of the mailing of this letter. If we are unable to resolve a dispute within 30 days of my receipt of that notice, I will submit the dispute to binding arbitration with the State Bar Fee Arbitration Program (or the Milwaukee Bar Fee Arbitration Program) within that 30-day period. You have no obligation to participate in binding arbitration and may elect any other legal means to settle the dispute. However, if you agree to binding arbitration, and I am ordered to refund a portion of the fee, I will do so within 30 days.

    [Optional paragraph.] You can also file a claim with the Wisconsin Lawyers' Fund for Client Protection (c/o State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158) for a refund of any unearned, advanced fee.

    If you have any questions or concerns about anything in this letter, or about your case, please feel free to contact me. It was my pleasure to work with you, and I wish you the best in the future.

     

    Sincerely,

    Anonymous Lawyer

    Appendix B: Letter at Conclusion of Representation -
    Return of Unearned Portion of Flat Fee

    DISCLAIMER: The State Bar of Wisconsin makes no representations or warranties of any kind, express or implied, concerning the legal adequacy or enforceability of the accompanying sample or any part of it. These samples are intended for use only by lawyers admitted to practice in Wisconsin, who are expected to use their own independent legal and business judgment when evaluating the forms for their use.

    This information should be used as a guide only. You alone are responsible for your correspondence.

     

    (DATE)

    (Anonymous Client)

    (Address)

    (City, State, Zip Code)

     

    Re: Client's Case

     

    Dear Anonymous Client:

    As you know, my representation of you is now concluded. You paid me a flat fee of $___ to represent you in the above matter, but I was not able to complete the work because ____. Consequently, as set forth in our fee agreement, I am attaching a summary of the work that I completed to date and a refund of $___ for the unearned portion of the advanced fee.

    If you dispute the amount of the refund you must provide me with written notice of such dispute within 30 days of the mailing of this letter. If we are unable to resolve a dispute within 30 days of my receipt of that notice, I will submit the dispute to binding arbitration with the State Bar Fee Arbitration Program (or the Milwaukee Bar Fee Arbitration Program) within that 30-day period. You have no obligation to participate in binding arbitration and may elect any other legal means to settle the dispute. However, if you agree to binding arbitration, and I am ordered to refund more of the fee, I will do so within 30 days.

    [Optional paragraph.] You can also file a claim with the Wisconsin Lawyers' Fund for Client Protection (c/o State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158) for a refund of any unearned, advanced fee.

    If you have any questions or concerns about anything in this letter, or about your case, please feel free to contact me. I wish you the best in the future.

     

    Sincerely,

    Anonymous Lawyer

    Appendix C: Letter at Conclusion of Representation - Hourly Billing

    DISCLAIMER: The State Bar of Wisconsin makes no representations or warranties of any kind, express or implied, concerning the legal adequacy or enforceability of the accompanying sample or any part of it. These samples are intended for use only by lawyers admitted to practice in Wisconsin, who are expected to use their own independent legal and business judgment when evaluating the forms for their use.

    This information should be used as a guide only. You alone are responsible for your correspondence.

     

    (DATE)

    (Anonymous Client)

    (Address)

    (City, State, Zip Code)

     

    Re: Client's Case

     

    Dear Anonymous Client:

    As you know, my representation of you is now concluded. It has been a pleasure representing you. I am enclosing a final accounting in the form of an invoice for my services in this matter from the date of the last invoice. I am also enclosing a refund of $___ for unearned fees (and/or unexpended costs) that you advanced.

    If you dispute the fee or the amount of the refund you must provide me with written notice of such dispute within 30 days of the mailing of this letter. If we are unable to resolve a dispute within 30 days of my receipt of that notice, I will submit the dispute to binding arbitration with the State Bar Fee Arbitration Program (or the Milwaukee Bar Fee Arbitration Program) within that 30-day period. You have no obligation to participate in binding arbitration and may elect any other legal means to settle the dispute. However, if you agree to binding arbitration, and I am ordered to refund more of the fee, I will do so within 30 days.

    [Optional paragraph.] You can also file a claim with the Wisconsin Lawyers' Fund for Client Protection (c/o State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158) for a refund of any unearned, advanced fee.

    If you have any questions or concerns about anything in this letter, or about your case, please feel free to contact me. It was my pleasure to work with you, and I wish you the best in the future.

     

    Sincerely,

    Anonymous Lawyer

    Appendix D: Optional Notice When Advanced Fee is Exhausted - Lawyer Continues Representation on Hourly Basis

    DISCLAIMER: The State Bar of Wisconsin makes no representations or warranties of any kind, express or implied, concerning the legal adequacy or enforceability of the accompanying sample or any part of it. These samples are intended for use only by lawyers admitted to practice in Wisconsin, who are expected to use their own independent legal and business judgment when evaluating the forms for their use.

    This information should be used as a guide only. You alone are responsible for your correspondence.

     

    (DATE)

    (Anonymous Client)

    (Address)

    (City, State, Zip Code)

     

    Re: Client's Case

     

    Dear Anonymous Client:

    Enclosed with this letter is your monthly billing statement. This statement is especially noteworthy because it reflects the exhaustion of the $________ advanced fee you paid to my law firm at the commencement of this case. At this point, as set forth in our fee agreement, the firm will begin billing you at the hourly rate specified in your written representation agreement on a regular monthly basis and, pursuant to the terms of our fee agreement, you will be expected to either pay our monthly statements in full or make specific payment arrangements with the firm.

    You have received statements monthly detailing the previous charges to your advanced fee. This letter includes a detailed accounting of my services from the date of my last invoice.

    If you have any questions at this point about how we bill for services or the charges made to your account, I encourage you to call me or ___ (bookkeeper) to discuss your questions. We will strive to address your questions promptly and fairly. Please let me hear from you.

     

    Sincerely,

    Anonymous Lawyer

    Wisconsin Lawyer




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