Attorney Retainer Agreement Template (Page 6 of 8) in pdf

Procedures for Large, Complex Disputes. The arbitrator shall be a member of the AAA Law

Practice Dispute Resolution Panel.

The arbitrator shall, in the Award, allocate all of the costs of the arbitration (and the

mediation, if applicable), including the fees of the arbitrator and the reasonable attorneys fees of

the prevailing party, against the party who did not prevail. A finding of the prevailing party shall

be done by the arbitrator.

Judgment on the award may be entered in any court having

jurisdiction.

Upon the request of any party, mediation shall be conducted prior to the arbitration

pursuant to the Commercial Mediation Rules of the AAA, if both parties agree. The mediator

shall be a member of the AAA Law Practice Dispute Resolution Panel or a person agreed upon

by both parties to this Agreement.

By the Client’s signature on this letter, the Client agrees that the arbitrator’s decision in

any such arbitration shall be binding, conclusive and non-appealable.

IX.

ARBITRATION PURSUANT TO THE RULES OF THE HOUSTON BAR

ASSOCIATION FEE DISPUTE COMMITTEE

In order to facilitate a quick and inexpensive resolution of any disputes concerning this

Agreement, we agree that any disputes arising out of the Agreement, whether contractual or

tortious in nature will be resolved by submission to binding arbitration pursuant to the rules of

the Houston Bar Association Fee Dispute Committee. As part of this contract, each party will

execute the attached Consent To Arbitration form for the Houston Bar Association Fee Dispute

Committee. To further clarify our Agreement on arbitration, arbitration would apply to any

controversy, claim or dispute in the course and scope of the business relationship or arising out

of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity

thereof, including the determination of the scope or applicability of this Agreement to arbitrate.

Our dispute shall be determined by arbitration in Houston, Texas before a panel selected by, and

per the rules of the Houston Bar Association Fee Dispute Committee, in accordance with the

laws of the State of Texas for Agreements made in and to be performed in Texas. “Disputes”

shall include, without limitation, those involving fees, costs, billing, and breach of ethical or

fiduciary duties. The arbitration shall be administered by the Houston Bar Association Fee

Dispute Committee, pursuant to its Rules and Regulations. Judgment on the award may be

entered in any court having jurisdiction and shall include an award for attorneys’ fees, and a

premium charge if sought. Upon the request of any party, mediation shall be conducted prior to

the arbitration pursuant to the Texas Civil Practices & Remedies Code. The mediation shall be

handled through the Center for Dispute Resolution by a mediator agreed upon by both parties to

this Agreement. By the signatures on this contract, the Client and Bennett agree that the

arbitrator’s decision in any such arbitration shall be binding, conclusive and non-appealable

pursuant to the Rules and Regulations of the Houston Bar Association Fee Dispute Committee.

“OF COUNSEL” ARRANGEMENTS

The Firm has entered into “Of Counsel” relationships with various attorneys who may

from time to time, perform services for the Firm’s clients. In such cases upon notification and

Attorney Retainer Agreement Template Page 6