Initial Consultation Form

What kind of problem are you having? (Required)*

[E.g., eviction, security deposit, landlord coming in, repairs...]

Give me a brief background of events. Remember, you can cover the details in our consultation. Focus on the problems that you want me to address, and identify any immediate concerns, such as an eviction case filed. (Required)*

How do you want things to be in real terms? [e.g., maximum time to stay in possession] This is important because it identifies the GOALS to be achieved. The more specific the information you can provide, the better. (Required)*

Particular questions that you want answered: (Required)*

Contact Information

Who are the clients? Names of all people who will be Carlson Law Office clients [do not include minors]: (Required)*

Who will be the main contact person of this group? (Required)*

Current Month to Month Rent (Required)*

Currently Month to Month or Lease?*

Month to Month
Lease

Lease Expiration

Physical address of the rental unit: (Required)*

Mailing Address:

Same as physical address

New address to which you are moving/have moved:

Main Phone*

Main Phone Ext.

Second Phone:

Second Phone Ext.

Third Phone:

Third Phone Ext.

Fax #:

Ext, time, info

Main Email: (Required)*

Second Email

Skype address:

Best time range to call: (Required)*

Any other different contact information:

Preferred communication:

Phone
Email
Skype
Other

Other preferred communication:

How did you find us?*

Do you remember the link?

Other

Who is Paying?

Is anyone other than the named clients paying for any part of the legal services? (Required)*

Yes
No

If yes, who is paying and for what part?

Clients hereby agree, and understand, that they will have to pay for services if this person stops paying.

Confidential Information

Most information in this action is confidential. Financial circumstances, strategy, personal problems, and other things necessary to share with the lawyer to assist Clients must still be kept secret by the lawyer, and shared with no one else, except as the Clients permit the lawyer to do so. Friends, relatives, and even the person who pays for these services may want to know about what is happening and other things which are confidential. The Clients can permit some people to know some information, some people to know everything, or any combination. Unless identified here, with the scope of information permitted, no one but the Clients will have that information. Also, if such a person is permitted to get some confidential information, the time spent conveying that information or otherwise communicating with that person will be BILLABLE TIME to be paid by Clients, or whoever else is paying for services.

Do the Clients permit the Carlson Law Office staff to discuss confidential information with anyone other than the Clients? (Required)*

Yes
No

If so, please identify their name and the scope of permitted information they may receive:

Agreement for Legal Services

Date (Required)*

Essential Agreement
Clients agree to comply with these terms of service. This agreement includes the preceding Consultation Form and Contact Information submitted by Clients. Clients are paying for specific legal services in advance through the caltenantlaw.com website, except for Hotline calls, which are paid separately based upon the duration of the call. Clients thereby control the costs of legal services.

Goals to Achieve
In the Consultation Form, Client has identified goals to achieve in this matter. Carlson Law Office is directed to attempt to achieve those goals. Clients may change those goals upon notice to Carlson Law Office, which will attempt to adjust accordingly. Carlson Law Office will make best efforts to accomplish those goals. Clients recognize that winning in real terms, such as getting the additional time needed to move, can be far more important to Clients than “winning” the case.

Clients also recognize that Carlson Law Office does not and cannot predict any results. Judges and clerks may make mistakes (the reason for appeals courts) which are beyond the control of Carlson Law Office to prevent. The opposition may make false statements which a judge believes. Court clerks may make mistakes in their handling of the paperwork and scheduling. Simple errors may occur. Carlson Law Office can only take the necessary steps at Clients’ direction to correct this, in the continued effort to achieve the real goals stated.

All litigation has risks, and by entering into litigation, Clients understand that they may in some situations be required to pay attorney fees to the landlord. Additionally, Clients understand that in any eviction proceeding there is a risk of losing (and in evictions being locked out of the property), and should be prepared for that possibility. Clients also understand that if they do not respond to a court filing or take necessary action in time, they may get defaulted, resulting in losing the case. Clients also understand that it is common for defaults to be entered prematurely in eviction proceedings, which must be corrected.

The duty of Carlson Law Office is to provide the most effective but inexpensive legal services to Clients. The unique features of Carlson Law Office enable Clients to pay a fraction of the normal costs while maintaining a powerful control over the litigation, geared to success in real terms.

State Bar Required Inclusions
Due to State Bar restrictions, and the inherent uncertainty of litigation, no result can be guaranteed. All information will remain confidential. Carlson Law Office will avoid conflicts of interest by refusing to advise or assist landlords. Carlson Law Office does not participate in any prepaid legal services or professional insurance plans [CPRC 1.4.2].

The individual legal services are charged by specified flat rates found listed in caltenantlaw.com’s shopping cart under Paid Legal Services. Those rates are based upon the reasonable amount of time normally required for those services, calculated at $330/hr. For example, the initial consultation is $165 for ½ hour. For the attorney Hotlines, a specified charge per minute is identified at the inception of the call, and is paid by a deposit for each specified time increment. Any unused portion of the deposit is immediately refunded at the conclusion of the call. For example, if Clients deposit for up to 10 minutes, but only use 6 minutes, the remaining 4 minutes of the charge is immediately returned. Other than consultations and hotline calls, the services selected by Clients should be at the advice of their assigned attorney after assessing the situation. Services selected by Clients without their assigned attorney’s agreement will not be performed, and the payment will be refunded or applied to other services as Clients request.

All services provided through caltenantlaw.com are flat fees to be paid in advance for each of the legal services requested. Pursuant to California rules of professional conduct 1.15, Clients agree that those payments are to be deposited into the Carlson Law Office operating account. Clients have the right to require that the fee be instead deposited into the assigned attorney’s trust account until that fee is earned. Also, Clients are entitled to a refund of any amount of the deposited fee that has not been earned, such as if the representation is terminated or the work for which it was paid is not completed. If the flat fee exceeds $1000, Clients must sign a separate agreement permitting the fee to be deposited into the operating account.

Virtual Law Office saves money & time
Carlson Law Office is a unique system intended to provide optimum quality legal services, but without the high overhead of a fancy office in an expensive high-rise tower. There is no office. Clients can interact with their assigned attorney by phone, internet, and fax. All of the participants work from home, using the internet and computerized processes to get Clients what only an attorney needs to do. The result is that Clients can take on the wealthy landlords at a small fraction of the cost incurred by their landlords, and produce better legal work than the landlords’ attorneys can produce.

Clients will be assigned to one of the associated attorneys, all of whom are handpicked, brilliant and dedicated to helping tenants. Each of the associate attorneys operates independently, but enjoys the resources of the Carlson Law Office, including the guidance of Ken Carlson from his 42 years of experience.

The payments, calendaring and reception are all handled by Carlson Law Office, except for the payments to the assigned attorney’s trust account and hotline charges. The assigned attorney focuses on strategy, research, drafting documents, and advising Clients directly. The court hearings can mostly be done by Clients with some coaching, but where direct attorney appearance is needed, best efforts will be made to secure that, depending on the court location, remote appearance ability of the courthouse, availability of attorneys, Clients’ budget, and other factors.

Collaboration of Lawyers and Clients
Clients are officially representing themselves, called “in pro per,” but the paperwork is expertly prepared. The lawyers and judges will all know that Clients are just the mask for Carlson Law Office. After a phone consultation, Clients buy the paperwork they need, and their attorney sends it by email with instructions to file in court, and the attorney mails a copy to the other lawyer. It is that simple.

Clients make the decisions about what to achieve in real terms. The attorney decides if, how and when to do it. The attorney does not review or correct legal papers done by Clients. Except upon the express consent of the attorney, or for correcting typographical errors, Clients are not permitted to modify the papers prepared by the attorney.

In most cases, Clients only go to the court to file their papers and pick up copies of papers from the court clerks. Most court hearings do not require anyone to attend, because Clients “submit on the papers.” Clients should expect to eventually represent themselves in a court hearing, which may include “remote” special telephone or online internet court systems, that Clients will need to arrange in advance. Carlson Law Office will help Clients prepare, coach, prepare papers, and whatever other paid services Clients order.

Having an attorney appear in Court
Clients wanting to hire an attorney to appear for them or with them in court may do so by a separate agreement directly with the attorney. The assigned attorney may not be able to appear and is not required to do so. Another attorney from Carlson Law Office may be able to make the appearance instead, or yet another lawyer not affiliated with Carlson Law Office might be found.

There are fewer than 50 private attorneys (i.e., outside of Legal Aid-type organizations) who will help tenants for the more than 20 million tenants in California. Most landlord-tenant lawyers only help landlords. There are attorneys who only do “appearance work,” but they are only recommended where an actual appearance is required, but it is not for a critical part of the case, like a trial.

The amount of time spent by the attorney for a court appearance can vary greatly and is not subject to a flat fee in most cases. Therefore, the attorney will require a substantial deposit of money to be paid in advance as a condition of appearing. Clients and that attorney will sign both a formal substitution in as “attorney of record,” and a substitution out to be filed when the appearance is done.

The actual “appearance” and argument by the attorney in front of the judge may only take 5 minutes, but much more is required. Preparation for the court appearance, reviewing the file, considering arguments to be made and counter arguments to be addressed, is normally required. Time in rush-hour traffic to and from the courthouse, parking, security screening, signing in, waiting for the case to be called, and then reporting to Clients what occurred and what comes next, are all part of that paid time. A 5-minute hearing could cost 5 hours of attorney time. A jury trial could involve 5 days at 10 hours per day, all at the billable hourly rate. Obviously, less time is required if the court hearing is “remote” [phone or online], which may also involve a special convenience charge and waiting time.

The appearance attorney should explain the hourly rate being charged and the expected number of hours needed before Clients pay the deposit, and then refund or credit any unused portion, such as if the scheduled court hearing is shorter, canceled or continued. If the hearing is continued, Clients would probably want the attorney to go to that as well, having already prepared for it, and simply pay the additional amount needed.

Client Responsibilities
Saving substantial costs in legal services requires that Clients have an active role. Clients are responsible to monitor their case as to events and filings in court and meeting deadlines. Carlson Law Office only acts on paid request of Clients and does not monitor the case. If Clients delay payments, it delays actions which may be critical to their case, with severe adverse consequences, like losing the case. Assigned attorneys have many clients, and must schedule work to be done in each case. Seeking help in the last minute may be too late.

Clients must stay in touch. The assigned attorney and Carlson Law Office staff must be able to communicate directly with each client. Deadlines are short. Consequences are harsh for not taking action in time. Whenever Clients receive papers about the case, whether from the other lawyer, the court, Sheriff, process server, or anyone else, Clients MUST immediately set up a consultation with their assigned attorney, and transmit the papers to the attorney for review and advice. Last minute contact with the attorney may not leave enough time to take proper action. Clients should always ask their assigned attorney about the next deadline or checkpoint to trigger the next consultation. Merely emailing information or papers is not enough. They may not be read, considered, and discussed.

Be organized. Get file folders, a stapler and staples, small [#10] and large [9"X12"] envelopes, a calendar, a ream of paper, paper clips, a marker, a pen, postage stamps, and a 4-in-1 scanner-copier-printer [new, about $250]. A good internet connection is important and a computer is required. In the computer, have a specific place to save the papers in this case and make subfolders in it for different categories, like Complaint, motion to quash, legal evidence, attorney communications, etc. Make a file easy to find by plainly naming it. You should have hard copies and computer copies [pdf is best] of papers.

Paying for Legal Services
Clients are paying for the time they require the assigned attorney to spend, not the result. The flat rate legal services are calculated based upon the reasonable time required in the typical case to perform that service, at $330 per hour. There is no charge to correct errors such as typos or incorrect information, and no charge to explain charges or billing. The Hotline maintained by your assigned attorney provides an inexpensive, efficient way to get quick answers and advice. Clients may receive an accounting of payments to Carlson Law Office and services performed to date upon request.

Flexibility is required. If the Clients need a few more minutes of consultation than was paid, or a document or process requires more time than was expected due to the circumstances, it will be done except as other time commitments of the Associate require. In those events, the assigned attorney will continue the required task. Clients agree to immediately pay for the extra time and service provided, after it is completed.

The system is organized to provide paid services. Emails and texts are not free, nor is trying to get legal advice from the assigned attorney through Carlson Law Office staff. Clients are paying for the attorney time, and if such communications are initiated by Clients, Clients agree to immediately pay for the associated time at $330 per hour, as directed by the assigned attorney. It should be noted that emails and texts might not even be seen by the assigned attorney, unless they are associated with a scheduled consultation or hotline call. Carlson Law Office may change the hourly rate upon 30 days’ notice.

The judge may award attorney fees to Clients which exceed what was actually billed, such as the “Lodestar” amount, based upon regional attorney fee rates. The extra amount awarded shall be paid to Carlson Law Office, to compensate for the work that was performed but not actually paid by Clients due to Clients’ inability to pay, flat fees, discounts, refunds, or oversights.

Avoid wasting attorney time. Copying the assigned attorney in emails sent to someone else is an expensive and discouraged practice, having no value but costing Clients hundreds of dollars. Similarly, heaping loads of papers on the assigned attorney to sort and read [“box of docs”] is an implied promise to pay for the time required to do that. Organized, clean, legible, selected papers scanned to PDF by a real scanner [not taken by a phone app] sent to the attorney upon request is the best use of time.

Disputes
In the event that a dispute arises concerning this agreement, all legal services by Carlson Law Office shall cease, and Clients must immediately find alternate counsel to assist them in their case. Carlson Law Office will assist new counsel with becoming familiar with the case, providing the full file and upcoming deadlines and hearings to assist in a smooth transition.

The parties agree to first attempt an informal negotiation in good faith, including a disclosure of all facts and law that they believe supports their position. If that is unsuccessful, the parties agree to binding arbitration to be conducted by a private mediator/arbitrator familiar with landlord-tenant law in the assigned attorney’ county with costs borne equally by the parties, not to exceed a total of $1000. Carlson Law Office strives to maintain good will.

Confirmation (Required): By typing your name below, you agree to the terms stated above. Please complete the Captcha security function below and submit. An email with this entire form will be immediately emailed to you at the primary email address.*

I Agree | All named clients must be included here.

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