I.  OBJECTIVES OF REPRESENTATION - The client acknowledges that the purpose of hiring Tristano & Tristano, Ltd., Ltd. is to pursue the client's parental and financial interests in a contested domestic relations action in the most expedient, cost effective manner while minimizing emotional distress and protecting minors from harm and securing maximum support and parental involvement. In this document "we," "our," "us," etc., "firm" and "the Tristanos" refers to Tristano & Tristano, Ltd., Ltd. while "client," "you" or "your," etc. refers to the Client.

II.  NO REPRESENTATIONS MADE - The client states no representations or promises have been made by the Tristanos, or any other member of their firm as to the ultimate outcome of any action other than their professional opinion based upon the information furnished by the client prior to being retained nor have the Tristanos represented they are assured of securing payment of the client's fees from any other party although the right to request fees from the opposing party may be exercised on behalf of the client or attorneys. The client has been informed an attorney's opinion is based upon many as yet unknown variables beyond the attorney's control including: the demeanor of witnesses; the judge hearing the case; the availability of evidence; future changes in the law.

III.  TIME FRAME INVOLVED - The client acknowledges that he or she has been informed that the Circuit Court of Cook County is subject to a tremendous backlog of cases especially in the domestic relations division necessitating a wait of six months to two years or longer before a case may receive a full hearing. While the attorneys will use their best efforts to expedite this action they must operate in a system where delays are often unavoidable; therefore no exact time frame for any matter can be guaranteed.

V.  DISCOVERY - The client understands that he or she has the right to discovery - the use of the court's powers to determine the full income, financial position, custodial fitness and any other matters relating to the divorce and the opposing party. This is normally done via depositions, subpoenas, written questions to the other side. Realistically the amount of discovery that is done has to be limited at some point. The costs of litigation are continually weighed and based upon our professional opinion we may not exercise every form of discovery available. If you think that there is something more to be found please tell us. Many forms of discovery have legal time limits, therefore prompt payment of anticipated costs is essential. While most cases settle and it is natural to want to avoid spending money until absolutely necessary, delay in fully pursuing your rights may make adequate discovery impossible.

V.  FIXED CHARGES AND MINIMUM BILLING UNITS - Clients are billed by the tenth of an hour for attorney and certain support staff time. Partial units are rounded off to the next highest tenth. Due to the cost of recording and documenting time charges (for which you are not separately charged) the minimum unit that is billed is .2 of an hour. Any transmittal of documents by staff incurs a minimum charge of $2.00 per mailing, with no charge for up to 10 copies. Multiple photocopies are billed to you at the rate of .12 per copy. There is a one time $100.00 charge for administrative expenses to open your file, enter data on our system and set up accounts.

VI.  DISCONTINUE REPRESENTATION - Either party to this agreement has an absolute right to discontinue representation (unless otherwise prohibited by law) upon written notification to the other. The client acknowledges being informed that a failure to timely honor fee and cost agreements shall result in the Tristanos asking the court for permission to discontinue their representation of the client.

VII.  PAYMENT PLANS - In order to allow clients to budget the costs of their litigation Tristano & Tristano, Ltd., Ltd. may offer written payment plans. The type of payment plan offered is a business decision and will be based upon your prior credit history, income, assets and other relevant factors.

VIII.  MAINTAINING RETAINER MINIMUM AND ADDITIONAL TRIAL RETAINER OR COSTS - While only a very small percentage of cases actually go to trial, in the event that this matter requires preparation for a contested trial the client shall pay an additional retainer in an amount reasonably contemplated by the Tristanos to cover fees and costs of trial unless other arrangements are made in writing. Said trial retainer shall be separate and distinct from any payment plan entered into before trial and failure to make timely arrangements for the same shall be grounds for cessation of representation. In addition, unless otherwise agreed in writing, the client shall maintain a minimum credit balance to be used for legal fees in his or her client fund of $1500.00; failure to maintain that balance in your client’s fund account for a period over 10 days after notification shall be grounds for cessation of representation.

IX.  FEE DISPUTES TO BE PROMPTLY STATED - When you receive our bill, if the client has any question regarding any charge in the bill, he or she shall notify the attorneys in writing. Absent written objection to the bill within 30 days, charges will be deemed by both parties to be correct and not subject to further dispute. This is to assure you tell us when information is fresh and to avoid misunderstandings.

X.  DOCUMENT RETENTION - We will retain your case file on the premises for at least 90 days after we close your case but will store it no more than two years after we close your case. After two years you agree we may destroy all or what portions of the file we deem fit 30 days after written notice to you at your last known address. Under no circumstances will you give us originals of any documents unless you receive a detailed receipt for the same. We are happy to make copies of anything. While originals may be needed for trial, all of our work can be done with copies and you will receive copies of all documents received or generated in your case. That means both of us will have a complete file for safety. We will return all receipted originals upon written request while we have your file. We agree that electronic copies of your file (document imaging) will be considered the same as paper or other copies.

XI.  THIRD PARTY ORDERS - In many cases the only way to assure you receive payments of pension rights (via a Qualified Domestic Relations Order etc.), profit sharing, proceeds from the sale of real estate, etc. is to file orders against the pension fund, credit union etc. and/or liens or mortgages on property. Any matter including third party matters, appeals, etc. arising after the divorce is final are new matters and required we be specifically retained anew in writing to undertake the same. If you desire to finalize your divorce and instruct us to do so before all third party orders (such as a Qualified Domestic Relations Order) are approved and entered you could lose all rights to your spouse's pension or suffer other loses. Knowing this you agree to release us from any and all liability that may result from not entering such orders simultaneously with your divorce and assume all the risk yourself if you so instruct.

XII.  SCHEDULING - In order to litigate your case properly we need your cooperation. While we understand that your time is valuable it is often hard to determine until the very last minute whether a client's presence is really necessary in court. We must know where to contact you and be kept abreast of any change in address or phone number. Try as we may, you'll probably make one or two wasted trips to court. As a consequence of the over crowded court system an attorney can often find that her or his schedule is disrupted. Call our office just before you must leave to come in to see if there is a delay.