is this contract good to sign?

I met this attorney at the self-help center (free consultation), and I was then invited to his firm for further consultation (not free). What he told me was very promising and he indeed assured me that I would win the case, so I paid immidiately a retainer fee of $5000 at the site with a receipt in order for him to start right away. Today I received his contract. By reading it, I don't really see my rights being protected... I just want to know if this is common practice among attorneys' contract... It's been three weeks, he already made a lot of phone calls, and we have met twice. I don't know how much retainer left now. I have not received any bill yet. Is this common?

the contract is attached here for laomao's comment:

"
I, XXX, hereby employ the firm of XXX, with the understanding that Attorney XXX will represent me and provie legal services regarding a divorce action between myself and XXX. I understand that the law firm may assign other or additional attorneys to represent me as may be required from time to time. I authorize the firm to commence an action in this matter as may be advisable in the judgment of the firm, subject to my approval.

ATTORNEY'S FEES AND EXPENSES

I agree that the following method is to be used for determining the proper amount of legal fees:

1. Fees:

The attorney's fees for services performed under this agreement are as follows: $xxx.00 per hour for attorney time, and $xx.00 per hour for paralegal services. Hourly billing will be calculated to the tenth (1/10th) of an hour.

2. Retainer:

In order to secure the time and services of Attorney XXX for this matter, I confirm that I have made an initial non-refundable payment in the amount of $xxxx.00.

3. Costs:

A. I authorize my attorney to retain any individual and/or entities necessary to perform services for investigation or completion of legal services. I agree to pay the fees or charges of every person and/or entity hhired by the attorney to perform necessry services.

B. I authorize my attorney to charge me a 5% service charge for all administrative expenses. Such expenses include, long distance telephone, fax transmissions, copying materials, clerical assistance, postage and notarial attestations. Such expenses excluding the out of pocket expenses listed in paragraph C.

C. I acknowledge that my attorney may incur various expenses in providing services to me. I agree to reimburse the attorney for all out-of-pocket expenses paid. If I am billed directly for these expenses, I agree to make prompt direct payments to the originators of the bills. Such expenses may include, but are not limited to, service and filing fees, courier or messenger services, recording and certifying documents, depositions, trans, investigations, witnesses fees, travel expenses, and computer research.

BILLING

I agree to the following schedule of billing:

1. Fees, charges and expenses will be billed on at least a monthly basis as they accrue.

2. The retainer shall be credited against the monthly bill until exhausted.

3. I agree to pay my monthly bill in full each month. I understand that failure to make payments is sufficient reason for my attorney to withdraw from representing me in this matter, wheather or not litigation has been commenced. I will be notified in writing prior to any withdrawal. I agree that a letter to my last known address is sufficient notice.

4. Unpaid fees shall accumulate interest at 12% per annum.

5. In the event that monthly payments cannot be made, client agrees to pay attorney from the cash proceeds from the sale of her interest in the real estate.

CONSULTATIONS

I understand that personal and telephone consultations with my attorney shall be part of my representation and I will be billed by the attorney for the time spent on such consultation.

DISCHARGE OF ATTORNEY

I may, if unsatisfied with the services I am receiving for any reason, discharge the attorney at any time; however, it is understsood that the attorney will be paid or arrangements will be made for the payment of all fees and costs.

REPRESENTATION

It is expressly agreed and understood by me that no promises, assurances or guarantees as to the outcome of this matter have been made by my attorney. Payment is not contingent upon the outcome of this matter. I UNDERSTAND THAT MY ATTORNEY MAY WITHDRAW REPRESENTATION OF ME IF I SHOULD BECOME MORE THAN THRITY(30) DAYS PAST DUE ON MY PAYMENTS FOR SERVICES RENDERED.

I have read this fee agreement, and have had opportunity to discuss it with my attorney or any other attorney. I understsand, agree and accept all of the terms within this agreement.

"

所有跟帖： 

• 请老猫帮忙给个意见吧，在线等，谢! -wonder2009- ♀ (0 bytes) () 06/29/2010 postreply 06:31:59

• what rights are you expecting to be protected? -CyberCat- ♂ (0 bytes) () 06/29/2010 postreply 07:56:30

• 比如私下谈的时候 -wonder2009- ♀ (220 bytes) () 06/29/2010 postreply 08:13:39

• Forget about it. -CyberCat- ♂ (97 bytes) () 06/29/2010 postreply 08:15:49

• 也就是说这个合同只是common practice, 签得? -wonder2009- ♀ (0 bytes) () 06/29/2010 postreply 08:18:33

• You need to trust your attorney. -CyberCat- ♂ (283 bytes) () 06/29/2010 postreply 08:27:24

• Thanks! He seems to be nice, he privded services -wonder2009- ♀ (266 bytes) () 06/29/2010 postreply 08:35:36

• Trust me, people refuse to pay are far more than -CyberCat- ♂ (34 bytes) () 06/29/2010 postreply 08:41:24