Retaining Our Services
Attorney Kevin E. Parks is currently accepting clients in need of legal representation in a range of legal practice areas. Any client representation commenced by Parks Law Offices, LLC. and/or Mr. Parks, is done so only pursuant to the terms of a written and signed Engagement Letter, Fee Agreement and/or Legal Services Contract. Specific terms of such representation may vary depending on the legal and factual issues of your case. The following outlines the general terms of such representation, though each case and matter is different. If you have any questions about possible terms of representation, please do not hesitate to contact us.
- Initial Contact Communication: Most potential clients initially contact us either via this website or over the phone. When you initially contact us, please keep in mind that until the formal Commencement of Representation and you become a client, we cannot provide you any legal advice, whether via email, in person, or over the phone. All potential clients should anticipate that the scope and purpose of any initial communication is merely to: 1) communicate the general practice area of your legal issue, 2) identify the relevant parties and conduct an initial conflict check and screening, 3) provide appropriate contact information, 4) briefly discuss the context and status of the case or legal issue, and 5) identify whether -- and if so, when and on what basis -- scheduling an initial consultation may be agreeable. An initial contact or communication does not create an attorney-client relationship.
- Initial Consultation: Consultations are scheduled with potential new clients on an individual, as-needed, and per-case basis, after the Initial Communication. Typically, all Consultations occur in-person at our office. It may be possible to schedule a consultation via telephone, Skype, or some other form of remote communication, though the specific manner and availability will depend on the circumstances. Consultations generally last between one (1) and one-and-a-half (1.5) hours, and potential clients are encouraged to bring and/or make available copies of any and all relevant documentation to facilitate an efficient and thorough case review.
- Consultation Fees: Most initial Consultations are billed pursuant to an up-front flat fee basis, which is due at the time of commencement of the consultation. Such initial consultation flat fee is earned upon receipt. Some initial Consultations may be available to be offered, scheduled, and commenced on a basis other than a flat fees basis. Such Consultations may be commenced upon a no cost and/or pro bono basis, or on a traditional, regular hourly basis. The specific amount of any Consultation fee, and the specific basis for any Consultation fee (whether flat, hourly, pro bono, contingent, hybrid, or other) depends upon all the facts and circumstances of your case as identified in/during the Initial Communication and as determined by Parks Law Offices, LLC.
- Flat Fee Consultations are typically charged a rate between $150 and $300, and such flat fee can be paid via cash, certified instrument (money order or cashier's check), or credit or debit card.
- Free Consultations are occasionally provided to potential clients in certain circumstances on an individual, case-by-case basis. The circumstances in which free consultations are most frequently offered are those potential cases where a contingency fee-based representation is most likely viable, including: 1) tenants' defense of an active, filed eviction (FED) proceeding, 2) recently fired and/or terminated employees, 3) victims of severe personal injury, and 4) veterans recently denied VA benefits.
- Hourly Fee Consultations are required in circumstances where a contingency-fee based representation is either not possible or is otherwise highly unlikely to be available.
- Consultation Conclusion: At the conclusion of a Consultation, a potential client should have a more thorough understanding of their rights and legal options moving forward, as well as an answer as to whether or not I may be able to Commence Representation of the potential client and, if so, on what basis.
- Commencement of Representation: The Commencement of Representation does not begin until both of the following events have occurred: (a) You have completed an Initial Consultation and filled out an Intake Form identifying yourself, the persons or entities you may be adverse to, related parties, potential witnesses, and others related to the dispute or transaction; and (b) You and I have agreed upon, and You have signed, a written, hard-copy Engagement Letter, Fee Agreement, and/or Legal Services Contract. Until both of these events have occurred, there is no attorney-client relationship between you and Kevin E. Parks, or PARKS LAW OFFICES, LLC, or Law Offices of Kevin E. Parks. Due to the limited nature of our legal practice, we cannot and do not represent any and all persons seeking legal representation.
- Attorney Fees: You are encouraged to discuss attorney fees and rates with us. The amount and structure of attorney fees are always set forth in a written Engagement Letter, Fee Agreement, and/or Legal Services Contract, and there are generally a few different possible bases for the calculation of attorneys fees:
- Hourly Fees are the most common basis for calculating attorney fees. The relevant hourly rate may depend upon the specifics of the legal matter for which we has been hired. Currently, our standard rate is $300 per hour. For some matters the hourly rate may be significantly less than the standard rate, as rates may range from anywhere between $150 and $450 per hour depending on a wide variety of circumstances specific to each individual case. You are charged by fractions of an hour to the nearest one-tenth of an hour (six minutes), which is the minimum charge for any services we provide.
- Contingency Fees are common in some types of cases, but are either legally or practically impossible in others. Generally speaking, this fee structure provides that if we don't win you case and/or recover any money, then you do not owe us any attorney fees. There are two typical types of contingency fees in the cases we often handle: contingent fees calculated as a percentage of the gross recovery of damages, and contingent fees calculated on an hourly basis and recoverable from the opposing party through a specific statutory or contractual provision.
- Percentage-based fees are the most commonly known type of contingency fees. Such attorneys fees are calculated as a percentage of the gross recovery made on behalf of a client. Contingency fee percentages may range significantly based upon the specific facts and circumstances of your case, from as low as 15% to as much as 50%, with 33 and 1/3% being the most common.
- Hourly-based contingency fees are a somewhat more complex and less commonly known type of contingency fee. Such attorneys fees are calculated identically to the Hourly Fees, above, but are not paid directly by the client. Rather, these fees are alleged as damages that the adverse party may be liable for, and recovery of these fees is contingent upon winning a case where such fees are supported either by a specific Oregon or federal law statute, or by a specific written contractual agreement between the two adverse litigants.
- Flat Fees involve a client paying a specific sum upfront for a specifically defined scope of legal services, and such sum is earned upon receipt. Flat fees are typically available in circumstances only when the scope of representation is concretely defined, and the amount of time it takes to complete such scope of representation is both known and quantifiable. Flat fees can theoretically be offered in a variety of contexts and types of cases, though the specific availability of any possible flat fee can only be evaluated on an individual case by case basis during an Initial Consultation.
- Hybrid Fees are some combination of the above, generally either a hybrid Flat Fee/Contingency Fee or a hybrid Hourly Fee/Contingency Fee. These typically involve splitting the difference between the two possible calculations of fees, wherein a client agrees to a lower hourly fee and a reduced contingency, or to a flat fee for some portion of a case and a contingent fee as to a remaining portion. The specifics regarding any potential Hybrid Fees are evaluated on an individual, per-case basis during an Initial Consultation.
- Pro Bono representation is possible in some circumstances on a case by case basis. The possibility of pro bono representation depends on a wide range of specific facts and circumstances. Generally this is only possible for persons of limited means, or for an organization serving the needs of persons of limited means, such as charitable, religious, civic, community, governmental or educational organizations. We strive to represent at least one client per year on a pro bono basis. However, please do understand that the local demand and need for legal services, especially in our practice areas, is particularly high. Unfortunately, we simply cannot provide pro bono representation to most, or even many, of the individuals who may be in such need.
- Retainer Deposits are commonly necessary in many types of cases to ensure the availability of funds to pay for litigation costs and/or attorneys fees. Cost deposits are typically required in all types of representation. Fee deposits are typically required in Hourly Fee cases and some Hybrid Fee arrangements. The specifics regarding any potential Retainer Deposits are evaluated on an individual, per-case basis during an Initial Consultation.
- Scope of Legal Services: If you hire us, you should know the services that we bill clients for. These can include in-person conferences, telephone conversations with you and/or any and all others related to your case, and all electronic communications (e-mail) and other correspondence with you and/or others pertaining to your matter. We acharge for document review, case investigation, travel time, mileage, legal research, and case strategy; drafting and finalizing legal documents; drafting and finalizing letters and other communications; and all other services reasonably appropriate and related to the handling of your matter. You are encouraged to discuss these matters with us in advance of securing and memorializing any formal representation.
- Costs: You are responsible for all costs related to your case. This includes such things as investigation fees, contracted services, contracted legal research, filing fees, expert fees, witness fee, court costs, arbitration costs, document requests and production, copying, mailing and other service fees, and other necessary fees and costs that may be necessary in the handling of your case. You may be notified by us in advance of the expenditure of such fees and requested and/or required to deposit the anticipated sum necessary to cover the cost into a client trust account. We do not normally advance costs, but in certain cases in which it is possible and practical to do so, the sum advanced must be promptly repaid within ten (10) days upon receipt of invoice. We are not required to advance any costs or fees on your matter.
- Monthly Statements/Duty to Pay: We render billing statements approximately monthly and/or bi-monthly. Such billing statements itemize the time devoted to your matter, any sums advanced, and the total amount due. Any fees not paid within 30 days of billing will accrue interest at the rate of 12 percent per annum, or 1.00% per month. You are encouraged to promptly review your monthly statement and contact us by e-mail or phone if you have any questions or concerns. Monthly statements may be sent via regular mail, electronic mail, or both.
- Copies: At your request you will be provided with copies of all letters, electronic mail, and other correspondence prepared, received, or filed in your matter. Our primary mode of client and attorney communications is the telephone (503.308.1080) and/or electronic mail. Since we strive to achieve a green paperless office, you are encouraged to use electronic email services for transmitting paper documents whenever possible. Upon the conclusion of your case, original documents belonging to you will be returned at your request, or filed and stored pursuant to law.
- Withdrawal/Discharge: We reserve the right to withdraw as your legal counsel if you fail to meet your financial agreement set forth in the Engagement Letter, or if you otherwise fail to fully cooperate or timely communicate in regard to your matter. As your case develops and evolves, facts and legal circumstances may develop that render continued representation in your case impractical, impossible, or otherwise inappropriate. If such a situation occurs, in our sole determination, we reserve the right to withdraw as your counsel. Conversely, you may discharge us for any cause (or no cause) at any time. You are entitled to a return of any documents not previously provided or returned following payment of any balance owing on our legal fees and costs advanced, including the costs of photocopying your file upon termination. Legal fees may also include an amount of fees not previously or subsequently billed to you on an hourly, but rather to be earned as a portion of recovery, specifically in a contingent fee or hybrid fee case. In such cases, upon discharge us for any cause (or no cause), the amount of our legal fees is equal to the value provided in furthering your case and in most all circumstances is billed at $300 per hour.