Billing Terms

Our Billing Terms and Conditions

BILLING TERMS AND CONDITIONS

These Billing Terms and Conditions (“Billing Terms”) apply to legal services provided by Boswell PLLC (“Firm”). These Billing Terms are incorporated into and governed by the applicable Engagement Agreement. In the event of any inconsistency, the Engagement Agreement controls.

Our goal is to provide clarity and transparency regarding fees while maintaining a smooth and respectful working relationship.

1. Fee Arrangements

The type of fee arrangement applicable to your matter is described in your Engagement Agreement.

A. Flat Fee Matters

For many estate planning matters, the Firm charges a flat fee covering the scope of services described in the Engagement Agreement. The flat fee applies only to the services specifically identified. If additional work becomes necessary (for example, revisions beyond the agreed scope, additional planning layers, business succession work, tax issues, or representation in contested matters), those services may be billed separately at the Firm’s current hourly rates unless otherwise agreed in writing.

B. Hourly Matters

For probate, trust administration, and related matters, services are often billed hourly. The Client agrees to pay for the time reasonably spent by attorneys and staff at the applicable hourly rates stated in the Engagement Agreement, which will from time to time be adjusted in accordance with industry standards. Time is billed in increments described in the Engagement Agreement.

C. Contingent or Statutory Fee Matters

If representation is handled on a contingency or statutory fee basis, the fee will be calculated as described in the Engagement Agreement and in accordance with applicable law. Responsibility for costs and expenses will also be governed by that agreement.

2. Costs and Expenses

In addition to legal fees, clients are responsible for costs reasonably incurred in connection with the representation, which may include:

  • Court filing fees

  • Publication fees

  • Certified copies

  • Appraisals and valuation services

  • Accountant or tax preparer coordination

  • Courier, postage, and document delivery charges

  • Recording fees

The Engagement Agreement governs how and when these costs are paid or reimbursed.

3. Invoicing and Payment

Invoices are due upon receipt unless the Engagement Agreement provides otherwise. The Engagement Agreement controls over any invoice language.

Timely payment allows us to continue providing services efficiently and without interruption. If an invoice remains unpaid, the Firm may pause work until the account is brought current, subject to ethical and legal obligations.

4. Retainers (When Applicable)

For hourly probate and administration matters, the Firm may require an advanced retainer. Retainers will be held by the Firm in trust for the client and applied to future fees and costs as described in the Engagement Agreement and consistent with applicable trust accounting rules.

If the retainer balance falls below the agreed minimum, the Client agrees to replenish it within the timeframe stated in the Engagement Agreement (or within ten (10) days if not specified) so that work may continue without delay.

5. Late Payments

Balances not paid within thirty (30) days of the invoice date may accrue interest at the rate of 1.5% per month (18% per annum), or the maximum rate permitted by law, whichever is lower.

If collection efforts become necessary, the Client agrees to pay reasonable costs of collection, including court costs and reasonable attorney’s fees, as permitted by law.

6. Our Invoice Format and Billing Practices

We prepare invoices carefully and exercise professional billing judgment in all matters.

Invoices reflect the Firm’s services rendered and costs incurred during the billing period. As a matter of firm policy, we do not provide internal time-entry narratives, detailed task-level breakdowns, or extended written analyses beyond the information shown on the invoice. The invoice represents our final statement of services for that period unless stated otherwise.

This policy allows us to devote our time to advancing your matter rather than generating administrative documentation.

7. Questions About Invoices

We understand that estate and probate matters can involve multiple family members and fiduciaries, and clarity is important.

If you have a question about an invoice, please submit it in writing within fourteen (14) days of the invoice date so we can address it promptly. If no written questions are received within that time, the invoice will be considered accepted as accurate and reasonable.

We are happy to review reasonable billing inquiries in good faith. However:

  • Time spent reviewing, researching, or responding to billing questions may be billed at the applicable hourly rate in hourly matters and, where appropriate, in flat-fee matters if the inquiry requires substantive review.

  • Extensive requests for expanded billing detail, invoice reconstruction, or written justification may be billed at the Firm’s standard hourly rates.

Undisputed portions of an invoice remain payable when due, even if a specific portion is being discussed.

8. Multiple Decision-Makers and Fiduciaries

In probate and trust matters, the personal representative, trustee, or other fiduciary is responsible for payment of legal fees as outlined in the Engagement Agreement. Family disagreements regarding fee allocation do not delay payment obligations under the agreement.

9. Engagement Agreement

It is the client’s responsibility to review the Engagement Agreement before signing it. By signing the Engagement Agreement, the client is stating that they understand and agree to its terms. The Engagement Agreement overrides and supersedes any previous oral understandings or agreements.

10. Entire Agreement

These Billing Terms, together with the Engagement Agreement, supersede any prior oral statements or understandings regarding billing practices. Any modification must be in writing and signed by the Firm.

Last Updated: March 30, 2026