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Over 25 Years of Quality Representation Treating Our Clients with the Utmost Respect & Dedication

Policies & Procedures

  • Appointments
    The only sure means of meeting with your Attorney is to schedule an appointment rather than dropping in. Appointments are scheduled when necessary to the case. If something unexpected arises, call to see if you need to come in. Appointments are usually set during regular office hours, but may be scheduled at other times if necessary. Notify us in advance if you are going to be late or unable to keep your appointment; failure to do so may result in billing of ½ hour to cover preparation time and loss of office time.
  • Telephone Policies

    Our policy is to return calls the same day a call is received; however, we may be prevented from returning your call until later because we are in Court, depositions, or meetings. Clients usually have never been involved in litigation and litigation is emotional and stressful; as a result we receive many calls from Clients. It is not unusual for the Attorney to have 20 to 30 calls to return if the Attorney is out of the office all day. There are also times that the Attorney must concentrate on a case without interruption from the phone. If the Attorney is in trial, they probably won’t be able to return your call until the trial is over since trials may require 16 hours per day of undivided attention. Our office assigns you and your matter a Paralegal who will work with you individually throughout your case. If your attorney is unavailable, your Paralegal can often get questions answered quickly and resolve any problems on your behalf.

  • Telephone Guidelines
    1. During Office Hours: Ask the receptionist to direct your call to your Attorney’s paralegal. The paralegal can answer many questions and take most action required at a lower billing rate.
    2. After Office Hours: If you call before or after office hours, or the office is closed for any reason, our phones are answered 24 hours by an answering machine that will be checked the next business day morning.
    3. Messages: When you leave a message, ALWAYS:
      • give your name and telephone number; while your phone number is in our records, returning your call will be expedited if you always provide the number.
      • Be very specific about the subject matter; don’t assume that we know what your call is about.
    4. Limits on Information: Don’t attempt to give or request lists of items, numbers, etc. over the phone; conserve time and expense by putting them in writing and send to us.
    5. Organization: Organize your thoughts and questions in writing before calling; this will ensure a more effective communication that will save you money.
    6. Costs Savings: Savings can be realized if you save up and ask several questions in one call rather than calling each time you have a question. However, do not delay emergency or significant questions.
    7. Frequency of Calls: If your call is not returned when you expected it, call again the next day — calling many times during the same day will only delay the process.
    8. Status: We welcome your inquiries about the status of your case; however, frequent calls about status take up time to repeatedly locate, pull, and review your file, look up information, ascertain if other documents are located somewhere other than in the file, and then answer your question; you will necessarily be billed for all time expended.
    9. Billing: Billing for phone calls includes the total time involved in handling your call, not just the time on the phone and is subject to minimum billing for 2/10ths of an hour.
    10. EMERGENCIES: If your telephone call pertains to an emergency, call immediately. If you reach the voice mail, please leave a specific message advising that you have an emergency and someone will return your call as soon as possible.
  • E-mail Policies

    Our policy is to return E-mails within 24 hours of an E-mail being received if applicable; however, we have the same constraints on our time as have been discussed above regarding Phone Policies. In addition E-mails can be an efficient way of transferring information in text or through attachments. If you would like a response to your E-mail please make it clear so that there is no confusion as to whether you are asking for information or transferring it to us.

  • E-mail Guidelines
    1. Frequency of E-mails: You need to determine if your communication with this office would be more efficiently handled by phone or by E-mail. If you have questions that may lead to other question you will find that a phone call will be more efficient than an E-mail. This office cannot constantly monitor the E-mail boxes; therefore, it could be the next day before a second E-mail (question) is answered.
    2. Format of E-mail: Most E-mail and attachments are in a format that is readable by this office, however in cases where the format is not comparable, there may be a delay responding to at least the first E-mail until the problem can be corrected.
    3. Viruses: Unfortunately viruses are a common problem that cause many E-mail messages to fail to be delivered. This firm has an anti-virus program and a fire wall program that will not let infected E-mails be received. If you have an E-mail message that we not been responded to, please call so that the problem can be corrected.
  • Written Communications and Documents

    Copies of all documents prepared in your case will be mailed to you the same day they are filed with the Court, mailed, or received. Keep all papers and documents about your case in a confidential, readily accessible location. When you are requested to gather documents, be thorough and act without delay. If you need to deliver items to the office after hours or the door is locked, please use the mail slot in the front door.

  • Retention of File

    It is the policy of this office that your file will be maintained in our storage facility for a period of seven (7) years from the date your file is closed. Thereafter, it will no longer be maintained by this office and the contents destroyed.

  • Legal Fees and Costs:
    Agreement with Law Firm: You will be required to sign an “Agreement for Professional Legal Services” prior to engagement, and is a contract between you and the LAW OFFICE OF DAVID S. BOUSCHOR II, P.C. The Agreement specifies the matter for which the Law Firm is retained, the fee arrangement, and other aspects of the contractual relationship. This “Policies and Procedures” statement is an important part of the Agreement, together which form your contract with the Law Firm. Read both documents carefully; ask if you have any questions about your rights and obligations.
    Fees: All professional legal services are rendered on an hourly fee basis in minimum increments of 1/10th of an hour with established minimum fees for certain documents and activities. Your responsibility for paying legal fees and expenses and costs incurred in representing you will be discussed in your initial conference with your Attorney and specifically stated in the “Agreement for Professional Legal Services”. Only the Attorney is authorized to establish or modify fee arrangements; fee agreements/arrangements are binding only if in writing. If you have any questions about how fees are earned, expenses are incurred, or the amount you owe, ask as soon as possible.
    Retainer: Almost without exception, you will be required to prepay a retainer, and may be required to deposit additional retainers depending on your case. Retainers are deposited into a “Client Trust Account”, a separate account where clients’ funds are maintained separate from the firm’s operating funds. Professional fees will be deducted from your retainer as earned and expenses and costs deducted as incurred. By law we cannot pay interest on these funds.
    Payment of Retainers and Invoices: You will be mailed monthly invoices specifying services rendered, fees earned, costs incurred, deductions from your retainer, and a current balance on your retainer or account. All outstanding unpaid balances and additional retainers are due and payable at the Law Firm office within 10 days of receipt of the invoice.
    How Fees Are Set: Every legal matter is different from every other legal matter. Your Attorney will draw upon experience in establishing an initial retainer and any subsequent retainer; however, we cannot and will not warrant that your case can be handled for a fixed fee or fee cap except in only the most limited, uncontested cases. Fees for professional services rendered are based on many factors, including time and labor required, novelty and difficulty of issues involved, skill requisite to perform the services properly, likelihood that acceptance of this particular employment will preclude other employment of your Attorney, fees customarily charged for similar services in this locality, the values and relationships involved and results obtained, time limitations imposed by the client or courts or circumstances, and the Attorney’s experience, reputation, and ability.
    Fee Disputes: This lawfirm is committed to rendering quality legal services for a reasonable fee. If you believe that the fees charged are unreasonable, this firm participates in the Denton County Bar Association Fee Arbitration procedure, which allows you and the firm to present information about any fee dispute. The decision of the Fee Arbitration Committee is binding upon both the attorney and the client.
  • Conflict or Disagreement

    In the event that any disagreement, dissatisfaction, or conflict of interest arises between you and the Law Firm, you must notify us immediately and employ every good faith effort to resolve any problem, just as we will. Without notification, we will not be able to resolve the conflict.

  • Termination of Employment
    Sometimes it is necessary to conclude the Attorney-Client relationship. Therefore, please be aware of the following terms and conditions of termination:
    By Law Firm: The Law Firm may withdraw from representation at any time if (a) representation will result in violation of rules of professional conduct; (b) you persist in or use the Law Firm’s services to accomplish a course of action reasonably believed to be criminal or fraudulent; (c) you insist upon pursuing an objective the Attorney considers repugnant or imprudent or with which the Attorney has fundamental disagreement; (d) you substantially fail to fulfill an obligation to the Law Firm, including payment of fees as agreed, after you have been given reasonable warning; (e) representation will result in an unreasonable financial burden on the Law Firm or has been rendered unreasonably difficult by you; or (f) other good cause.
    By Client: The Law Firm will immediately undertake withdrawal from representation if discharged by you. You must communicate the discharge in writing to the Law Firm. Notwithstanding your desires, an Attorney’s withdrawal from a suit requires Court approval.
    Results of Termination: In the event of termination, the Law Firm will take steps reasonably practicable to protect your interests, including giving reasonable notice to you, allowing time for employment of other counsel, surrendering papers and property to which you are entitled, and refunding unearned fees. However, the Law Firm may retain papers relating to you and the matter undertaken to the extent permitted by law.
    Contractual Obligation: In the event of termination, whether by you or the Law Firm, you remain obligated to pay then-earned professional fees and incurred expenses and costs and must pay same pursuant to the terms of the Agreement. In the event of non-payment, any action to enforce payment or collection of amounts dues will be maintained in Denton County, Texas and you will be responsible for attorney’s fees and costs incurred in enforcement and collection.
  • No Representation of Results

    Because every legal matter is different, and since many human factors are involved, neither your Attorney nor the Law Firm can or will warrant or represent results of representation nor recovery or reimbursement of fees or costs. Statements by anyone in the Law Firm on these matters are opinions only.

  • Applicable Professional Rules

    All aspects of the Attorney-Client relationship are subject to the Texas Disciplinary Rules of Professional Conduct. Therefore, we must sometimes decline to take certain steps that you may request. Further, although not every complaint against or dispute with an Attorney involves professional misconduct, the State Bar Office of General Counsel, which investigates and prosecutes professional misconduct, will provide information about how to file a complaint by calling 1-800-932-1900.

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The attorneys and staff at the Law Office of David S. Bouschor work together to realize a thorough and timely resolution to your legal needs. Your case will be handled primarily by your attorney but you can also feel comfortable working with our staff to convey your concerns and important information regarding your case.

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