Retainer Agreement

(Bank Card Name, Card Number, Expiration Date, CVC #,  and Cardholder Address and Phone Number Bank has on file for Cardholder– insert for payment.)

Client understands this is a minimum retainer to be paid to ensure the availability of counsel for either above proceeding or related representation and during the period prior to any court date and/or DMV hearing date related to either matter, earned in full and no portion shall be refunded upon performance of any material services, including but not limited to providing information in response to an online evaluation form, case analysis, case tactics or strategy, or any statement of representation to any government agency or court. All above payments must be timely made and received.

In the unlikely event that Client wishes to have a jury trial in the criminal matter, the fee would exceed the total sum of the retainer referred to above. Any trial fee would be for an unlikely multi-day jury trial, in an additional sum payable in full ten days prior to the trial date. It is presently anticipated that there should be no such additional cost. Client would first have to authorize same after rejection of best offer in pre-trial negotiations and before any trial date.

In the event of any default in the payment of any sums due hereunder, the undersigned promises to pay such additional sums as a court may adjudge reasonable as attorney’s fees, interest and costs for enforcing payment.

If any default, including failure to pay any payment or failure to communicate or lost contact, Attorney reserves the right to not commence any representation and/or is authorized to withdraw from or cease any form of existing representation.

It may be recommended you retain a forensic expert in order to attempt to obtain the best possible results in your Court case and/or any DMV ramifications . Attorney will retain expert or subpoena witness only if and when Client instructs and authorizes Attorney and Client pays fee in advance. It is presently anticipated there will be no such fees.

Client understands, and acknowledges Attorney has explained, Client’s constitutional rights – to a jury trial, to confront witnesses, against self-incrimination, and to produce evidence; the charge(s) against Client; the possible defenses and pleas; and the criminal consequences of a plea of guilty/no contest. The Prosecutor can seek to add further or drop possible charges at any time. Client authorizes Attorney to initial and/or sign any necessary papers upon any plea. Client understands a guilty/no contest plea will greatly increase and enhance penalties and sentence if convicted in the future – for 10 years under present law. Client understands that if someone is killed in another DUI incident, Client could be charged with murder.  Client will authorize Attorney what plea to enter upon receipt of an offer. Attorney may associate another attorney for any purpose at any time. Attorney will provide Client a copy of the documents as soon as Attorney receives them. It is up to Client to keep a copy of Client’s file. Client expressly authorizes Attorney to destroy file at any time after plea or disposition. Client understands some of the same documents Client later needs may be recreated from the Court archives.

Client acknowledges and agrees that Attorney cannot promise, and does not promise or guarantee any specific result, outcome, judgment, filing of any complaint/charges, verdict, plea, sentence, compromise, or effect on insurance or employment, of any kind or nature. I do not have professional liability insurance. Client absolutely agrees no such written, oral or implied representation has been made by Attorney. Client agrees Attorney may use Client’s last name only and facts in advertising if any victory.

Agreement executed on the ______ day of __________________, at San Diego, CA.

ABOVE TERMS ON BOTH PAGES HAVE BEEN READ, UNDERSTOOD AND ACCEPTED:

X _____________________________

   Rick Mueller, Attorney

X _____________________________

Client

X__________________________

  Cardholder/Guarantor (if Cardholder not Client)