Success – Motion to Vacate Default Judgment


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Terms of Services & Client Agreement:




             THE FULLMAN FIRM (“Attorney”) and Client hereby agree that Attorney will provide legal services to Client on the terms set forth below.

1.         CONDITIONS.  This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and pays the initial deposit called for under Paragraph 4.

2.         SCOPE OF SERVICES.  Client hires Attorney to provide legal services by preparing, filing and pursuing a motion to vacate the judgment entered against client in Superior Court. Attorney will provide those legal services reasonably required to represent Client.  Attorney will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries.  This scope does not include services performed before any appellate court.  The provision of services in any matter not described above will require a separate written agreement.

3.         CLIENT’S DUTIES.  Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of any information or developments which may come to Client’ attention, to abide by this Agreement, to pay Attorney’s bills on time, and to keep Attorney advised of Client’ address, telephone number and whereabouts.  Client will assist Attorney in providing necessary information and documents. Client agrees to communicate with Attorney using Attorney’s MyCase case management system.

4.         FEES.  Client agrees to pay Attorney a flat fee according to the following schedule: 

$375 before the preparation and filing of Moving Papers in support of Motion to Default Vacate Judgment;

$375 upon receipt of any Opposition to the Motion and before preparation of Reply Papers (if necessary);

$375 no less than 2 business days before Hearing on the Motion.

Each Installment is fully earned upon receipt.

Client is also responsible for payment of the filing fees due to the Court (varies from $285 to $495 depending on size of lawsuit).  Payment of the filing fee is due after completion of preparation of the Moving Papers and before filing of the Moving Papers.

5.          LEGAL FEES AND BILLING PRACTICES.  This service is designed to cover the typical work required for a Motion to Vacate Default Judgment.  If additional work is needed or advised, Attorney will first explain what is needed or advised and receive Client’s permission in advance before performing any additional work.

Legal Fees and billing practices for additional work when approved by client:

Principal Attorney $275/hour

Associate Attorney $150/hour

Non-attorney Staff $75/hour

Time for excessive advice and counseling by telephone or email/message will be charged.

Time is charged in minimum units of one-tenth (0.1) of an hour.

The following have higher minimum charges:

Excessive telephone calls with client: 0.2

Additional letters written for Client’s signature: 0.2

Additional documents prepared for Client to file with Court: 0.3


(a)        Attorney will incur various costs and expenses in performing legal services under this Agreement.  Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees.  The costs and expenses commonly include, long distance telephone charges, messenger and other delivery fees, express postage, excessive photocopying and other excessive reproduction costs, and investigation expenses.  Except for the items listed below, all costs and expenses will be charged at Attorney’s cost.

Mileage:                      IRS Rate

(b)        Out of town travel.  Client agree to pay transportation, meals and, lodging for any necessary out-of-town travel by Attorney’s personnel should any such expenses be incurred in providing Client with the services described in Paragraph 2.

7.         BILLING STATEMENTS.  Attorney will send Client periodic statements for fees and costs incurred.  Each statement will be payable upon receipt.  Statements may be provided up to twice monthly for the purpose of updating client on case status, advising Client of ongoing charges and receiving payment.  The statements shall include the amount, rate and a description of the services rendered or costs incurred.

8.         DISCHARGE AND WITHDRAWAL.  Client may discharge Attorney at any time.  Attorney may withdraw with Client’s consent or for good cause.  Good cause includes Client’ breach of this Agreement, refusal to cooperate or to follow Attorney’s advice on a material matter, or any fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.  When Attorney’s services conclude all unpaid charges will immediately become due and payable.

9.         DISCLAIMER OF GUARANTEE AND ESTIMATES.  Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of the matter.  Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of the matter are expressions of opinion only.  Any estimate of fees given by Attorney shall not be a guarantee.  Actual fees may vary from estimates given.

10.       ENTIRE AGREEMENT.  This Agreement contains the entire agreement of the parties.  No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

11.       SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.  If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

12.       MODIFICATION BY SUBSEQUENT AGREEMENT.  This Agreement may be modified only by a subsequent written agreement.

13.       EFFECTIVE DATE.  This Agreement will govern all legal services performed by Attorney on behalf of Client commencing with the date Attorney first performed services.  The date at the beginning of this Agreement is for reference only.  Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client.