Billing Policy and Fee Agreement
Effective Date: October 22, 2025
Last Updated: October 22, 2025
The goal of the Small Business Law Firm of Brian Payne, LLC (the “Firm”) is to provide effective and efficient legal services. Experience has shown that client relationships are stronger if we begin with a clear understanding relative to my services, legal fees, and their payment. You acknowledge that my services are “virtual,” that I am currently outside the state of South Carolina, and that the Firm and Attorney operate as a virtual service transactional firm, providing services by telephone, email, facsimile, and Zoom. This allows me to substantially reduce my overhead and fees, while increasing my accessibility and flexibility. Throughout this Billing Policy & Fee Agreement (“Agreement”) “you” and “your” shall refer to you individually, as personal guarantor, or, when indicated, as a representative of a Company. “Company” (where applicable) shall refer to any separate legal entity (e.g. partnership, corporation, or limited liability company) for which you retain services as an authorized representative, whether such Company is now existing or intended to be formed in the future (including all subsidiaries, affiliates, and successors of such Company), and for which you individually, jointly, and severally guarantee payment; and “me,” “my,” “we,” and “our” shall refer to the Firm and its attorney, Brian Payne, as appropriate and applicable, assisting in your matter.
Please carefully read this Agreement and take every opportunity to ask questions and receive answers about it before engaging my services and agreeing to its terms. This Agreement and any future addendum or amendment hereto (which is hereby incorporated by reference) shall be deemed to have the same legal force and effect as a single, signed, legally binding original.
Scope of Representation. Requesting and receiving an appointment date and time in themselves shall not establish an attorney-client relationship. No attorney-client relationship is established or expanded in each or any matter until a conflict check has been performed, specific work has been requested by you and expressly accepted by me in a written communication, any applicable retainer or flat fee is paid by you and received by the Firm in a bank depositable form drawn against available funds, and such funds are received. My availability may change from time-to-time. If I have not already been specifically engaged to provide subsequent services, no communications, consultation, or engagement obligates either me or the Firm to any further or future services, or to provide any refund for prior services rendered, even if the interim time was needed for You to ponder or explore your options, secure funds for legal fees, or other needed postponement or delay. No representation is made by the Firm, its attorney, or staff (if any) regarding the outcome of any matter or my efforts, except that such efforts shall be made according to acceptable legal and ethical standards.
Initial Consultations. The attorney may offer an initial telephone consultation at a reduced hourly rate for any prospective client, subject to certain limitations and restrictions. Unless otherwise agreed to by the attorney, payment for such reduced rate consultation must be made in advance and shall not include reviewing documents. Subsequent time, whether for the same or other matter or for any participant, and whether alone, with the same, or other parties or business entities, shall be billed at the attorney’s regularly hourly rate.
Time Estimates. All client matters are important to us, but not every matter can be made a priority over every other matter. We, therefore, require a minimum two-week period for drafting documents from the time we are so engaged and our retainer fee is received, with the further understanding that more time may be needed for larger or more complicated matters or matters requiring research, negotiation, a response by a third party, or during particularly busy times for the attorney professionally or personally. When asked by you or your Company to shorten this delivery time, any effort or representation by us to do so is only a good faith offer to try and not a guarantee. Any time estimate for delivery, whether shorter or longer than this minimum requirement, is just an estimate based on then current work load, which, because of the nature of our work, may change without notice.
Cost Estimates. We do our best to estimate fees and expenses for matters billed on an hourly basis when asked to do so. However, an estimate is just that, and the fees and expenses required for matters billed on an hourly basis are ultimately a function of many conditions over which we have little or no control. Such estimates, therefore, are not a maximum or minimum fee quotation. Actual fees will be determined in accordance with the provisions described herein.
Flat Fees. We understand that budgeting is important to clients. Some, though not all, of our work, therefore, is performed in accordance with fee schedules based on flat fees. Flat fees also may be charged for work routinely performed by the attorney where experience and circumstance allow him to reasonably anticipate the time required, for work which substantially uses previously prepared form documents, or for blocks of time purchased. Flat fees and any purchase of blocks of time must be paid in advance. Flat fees may carry some risk to us in order to accommodate client budgeting needs. All such work, therefore, shall be deemed earned upon payment.
Hourly Fees. Hourly rates apply to matters not subject to flat fees. To help determine the value of services not subject to flat fees, the attorney maintains time records for each client and matter. The attorney’s current hourly rate is $150 per hour for non-litigation matters subject to payment or a retainer in advance. Generally, charges for previously drafted standard documents and pages from such documents will be billed at the rate of $30.00 per page, plus an applicable hourly rate for changes made to and communications regarding such documents or pages and other time expended on the matter. Other than as is required by the South Carolina Code of Professional Responsibility, we make no representations or warranties with regard to retention or storage or your file. You and your Company are advised to separately maintain all your legal documents. Subsequent requests for copies of documents from your file are subject to the fees and costs set forth herein. We reserve the right to adjust hourly rates from time-to-time after the Firm has provided a 30-day written notice of such change.
Document Fees. We maintain a library of documents to help avoid having to “reinvent the wheel” for many transactional and documentary matters. Generally, charges for previously drafted documents or pages from such documents will be billed at the rate of $30 per page based on the initial document length or pages used, plus the attorney hourly rate for changes made to such documents or pages, legal or other research required, and other time spent on document preparation. The time spent creating custom drafted documents is billed at the attorney’s hourly rate.
Costs and Expenses. You agree to reimburse us for non-nominal postage, photocopying, filing fee, and other costs and expenses in your matter.
Retainers. Where flat fees are not applied and paid, it is our policy to obtain an advance refundable retainer. A refundable retainer is a deposit held by us in our trust account, against which we bill for work performed. No work will be performed until payment has been received, and then only to the extent covered by such fee or retainer. Unless otherwise agreed in writing, our minimum retainer for non-litigation matters is $500.00 for work initially estimated to take 5 hours or less and $1,000.00 for work estimated to take greater than 5 hours (but may be substantially more depending on the type and amount of work expected to be performed). It occasionally may be necessary to require an increase in a prior retainer, depending on the scope or duration of the work or your or your Company’s payment history. We also customarily request an advance retainer for the purpose of paying substantial out-of-pocket costs expected or incurred. If the Firm receives a retainer, it will either be used to pay current or unpaid statements, with the amount used to be promptly replenished by you or your Company if necessary, or held and applied to your next or final statement. The balance of any unused retainer amount, after work has been completed and the final invoice has been paid, shall be returned to you or your Company.
Payments. Payment is due upon receipt of invoice and, unless special arrangements have been made in advance, payment for replenishment of a retainer or for any final invoice is expected within five (5) business days of the invoice date. If the retainer is exhausted, all work may cease, in our sole discretion, until it is replenished. Payment should be made in U.S. dollars, in checks or drafts, debit cards or credit cards payable to the Small Business Law Firm of Brian Payne, LLC. A finance charge is assessed on past due accounts at the rate of one and one-half percent per month (18.0% APR). While we hope it will never be necessary, if we are required to bring a suit against you or your Company to collect any portion of our fees or costs, you and/or your Company shall also pay the Firm for any reasonable legal fees and court costs.
Billing Statements. It is our general policy to invoice clients after the completion of certain tasks or upon the completion of any given matter. We make every effort to include all charges and payments in the statement for the period in which the payments are incurred. However, some charges and payments may not be available to the firm until the following months, in which case a supplemental statement will be rendered to you for such additional charges, or an estimated amount will be included in the initial billing and an adjustment made when the actual information is available. You agree to review each statement for errors within five (5) days of its receipt and hereby authorize us to transfer such funds held in trust after such period. Invoices may include a charge of $10.00 per invoice to cover billing overhead.
Mutual Representation. If more than one party is being represented in any matter or matters, each party acknowledges that the attorney has a duty to exercise independent professional judgment on behalf of each client, and each party consents to mutual representation if the attorney determines that he can represent such parties impartially. If a legal entity such as a partnership, corporation, or limited liability company is being represented, the parties understand that the interests of the entity shall be represented and that parties other than the entity are advised to seek independent legal counsel when and where appropriate in their judgment. The attorney’s representation of multiple clients in any matter is governed by the Code of Professional Responsibility adopted by the Supreme Court of South Carolina. In order to simultaneously represent clients with potentially conflicting interests, rigorous ethical requirements must be met. The attorney has the duty to exercise independent professional judgment on behalf of each client; he can only do so only if he concludes that his professional responsibility with regard to each client can be fulfilled on an impartial basis; and the attorney must obtain the consent of each client after an explanation of the possible risks involved in the multiple representation situation. Potential conflicts include, but are not limited to, conflicting opinions, interests, expectations, and goals; disproportionate time and financial wherewithal, commitments, credit worthiness, aversions to risk, and management and control of any company through which you operate. Such risks having been explained to you, you understand that the attorney shall have the option, and possibly the ethical obligation, to withdraw from representing one or more or all of you if, during the time of representation, it is determined by the attorney that he can no longer represent you impartially. Moreover, you acknowledge that the attorney cannot withhold communications with any mutually represented client from any other mutually represented clients. Therefore, you have each been advised of your right to obtain separate legal counsel, having also been advised of the advantages of separate and individual representation. Having been so advised, and having been given the opportunity to seek outside representation, you consent to mutual representation by the attorney on the matter(s) referenced herein this Agreement. In the event that any business entity is subsequently formed to carry out business operations, you and your Company acknowledge that the attorney may elect to represent the Company rather than the previously mutually represented parties should he agree to any such engagement.
Limited Power of Attorney. You and/or your Company hereby appoint and authorize the attorney working on any legal matter for you and/or your Company as your/its agents and attorneys-in-fact, including, without limitation, having the power to sign your or its name, as appropriate, to all necessary government or court filings, checks, deposits of trust funds or otherwise, releases, receipts, endorsements, settlements, discharges, notices or satisfactions of awards, judgments or recoveries of whatsoever character, and generally do all acts and things which, in his judgment, are essential to his handling any matter and/or the conclusion or termination of representation of you and/or your Company in any matter. This power of attorney shall not terminate on any disability of You, if an individual.
Withdrawal and Termination. Unless inconsistent with the South Carolina Code of Professional Responsibility, and subject to the South Carolina Code of Civil Procedure, the Firm and its attorney may withdraw from representing you and/or your Company in any matter at any time and for any reason, including, without limitation, your or your Company’s: (1) failure to make timely payment, (2) failure to promptly return telephone calls, (3) failure to provide advance notice of any change in address, (4) failure to timely cooperate with the Firm and its staff, (5) failure to provide the Firm, the attorney, or its staff (if any) with complete and accurate information with regard to any matter, or (6) any other reason upon written notice of termination to you or your Company. You or your Company may terminate any engagement of the Firm’s attorney at any time with or without cause. If such termination is without cause, the Firm shall have the right to receive reasonable compensation for services rendered, including hourly compensation, pre-drafted document fees, out of pocket expenses, and a pro-ration of any flat fee relative to the matter’s completion not deemed earned upon payment.
Work Product, E-mail & Telephone Communications, and Advertisements. Unless otherwise required by applicable rules of ethics, all rights in any work product, including, without limitation, the copyright to any work product, created by the Firm and its staff shall be that of the Firm and you and your Company shall have a license to use such work product for the purposes specified in this Agreement. Services under this Agreement are provided “virtually” and you and your Company agree that we may communicate with you and your Company regarding any matter by telephone, voicemail, e-mail, text messages, video chat, postal mail, private carrier, and/or newsletter. You agree to carefully review all documents and work product created by us and provided to you for typing, scrivener, and conceptual errors and omissions to ensure that such documents and/or work product conform to your intentions, expectations, and commitments. Given the volume of communications we handle, you acknowledge and agree that no email or voicemail shall be assumed to have been received or read by, or be binding on, us unless acknowledged by us to have been received, agreed to by the Firm in writing. If any email message is not timely responded to, kindly make an effort to speak to the attorney directly.
By requesting services through the Firm website, smallbusinesslawfirm.com, You, individually or collectively, or on behalf of any entity under your control for which you engage the Firm, as appropriate, acknowledge that You have read the above Billing Policy & Fee Agreement, have had every opportunity to ask questions about it and receive answers to such questions, understand and agree to its terms, THAT SUCH SUBMISSION SHALL BE THE SAME AS A HANDWRITTEN SIGNATURE BY YOU FOR THE PURPOSES OF VALIDITY, ENFORCEABILITY, AND ADMISSIBILITY, and that You hereby personally, jointly and several, guarantee the payment and collection of all fees and costs.