Confidentiality
Each HELO lawyer who provides services in an engagement will maintain as confidential, in accordance with applicable ethical standards, all information provided by a client in connection with the engagement except to the extent necessary to communicate with other parties to a transaction, their attorneys or otherwise in accordance with law. Confidential information provided by a client in connection with an engagement will not be disclosed to other HELO lawyers during or at any time following the conclusion of the engagement, except with the permission of a client. This is consistent with the fact that a client is the client of the particular HELO lawyer(s) identified on an engagement letter and is not a client of HELO or any other HELO lawyer. All files generated or developed in connection with the engagement shall be maintained only at the offices of the HELO lawyer(s) who provides services in the engagement.
Fees
The hourly billing rates of even the most senior, experienced lawyers in the HELO Group are typically not substantially greater, if at all, than the billing rates of relatively inexperienced, first or second year partners in most large law firms. This containment of rates is largely attributable to the considerably lower overhead costs of HELO lawyers. As a result of the substantial overhead differences and the fact that much of the work is performed by proven lawyers, who are more efficient than those with less experience, the HELO lawyers are able to deliver high quality, on-time services at costs lower than law firms with commensurate capabilities. For engagements in which a relatively large number of lawyers is required, HELO lawyers may utilize the services of experienced lawyers and legal assistants provided by independent providers of legal personnel at a fraction of the cost of large firm associates and paralegals.
HELO lawyers encourage the use of fixed fees and other alternative fee arrangements. If a client or prospective client requests a fixed fee or fee arrangement other than billing by the hour, the HELO lawyer will obtain information regarding the facts and elements of the proposed engagement in order to develop a fee proposal. This is important since it allows the lawyer to understand the scope and substance of the representation and to more precisely develop the fee proposal.
Expenses
In many complex engagements, third party costs can be a significant expense. HELO lawyers believe that the costs of each legal matter consist of two primary elements: lawyers’ fees and third party costs (normally noted on legal bills as “expenses”). HELO lawyers are always willing to discuss expense reimbursement arrangements for engagements in which third party or substantial in-house costs may be incurred. HELO lawyers do not bill clients for all expenses. Costs for meals, insubstantial copying, local travel and other costs normally associated with engagements are embedded in the general fee structure as part of the lawyer’s base operating expenses, regardless of whether the fee is fixed or determined by the hour.
Billing
Each client of a HELO lawyer will be provided with a single invoice that will reflect the fees of each of the HELO lawyers who provides services in connection with an engagement. HELO lawyers do not share profits or revenues, and each lawyer’s bill for services will be reflected separately on the single invoice provided to the client for the services that all HELO lawyers working in the engagement have provided during any billing period.
Conflicts
Prior to each engagement, all HELO lawyers who are designated or proposed to provide services will evaluate potential conflicts of interest with respect to the proposed engagement. The results of these evaluations will be provided to the client or prospective client who may then determine whether to proceed with the engagement. Absent an effective waiver of any conflict of interest, a HELO lawyer who has determined that there is a potential or actual conflict of interest will not provide services in connection with the engagement. Of course, the final determination of whether to engage one or more HELO lawyers remains in the discretion of the prospective client.
In the event that a HELO lawyer determines that an actual or possible conflict of interest exists in connection with a prospective engagement, the client may elect to waive the conflict of interest, after consultation with the HELO lawyer regarding the substance and significance of the conflict of interest and if the HELO lawyer reasonably believes that the representation of the client in connection with the proposed engagement will not be adversely affected. Each such waiver must be in writing (which may be as part of an engagement letter) and signed by the client and relevant HELO lawyer.
Engagement Letters
Each client of a HELO lawyer will execute an engagement letter with the HELO lawyers who will provide services in connection with the engagement described therein. The engagement letter will outline the fees of and method of payment to the HELO lawyers, the scope of the engagement and the various duties and obligations of the HELO lawyers and the client. In addition, the engagement letter will require the client to acknowledge an understanding and agreement with the provision of services by the HELO lawyers and that only the HELO lawyers who are providing services in connection with the engagement (and not any HELO lawyers who are not to provide services) are the lawyers for the client.