Fees and Policies Applicable to All Clients
These fees and policies apply to all attorney-client relationships with all clients in place of written fee agreements or engagement letters. By engaging our firm, you unconditionally agree to all of these policies without exception.
Our fees are usually quoted as flat fees plus costs. Flat fees are strictly limited to the subject item plus corrections and follow-up in the immediate time frame. Details below.
Consultations OnlineWe are happy to respond to your email with free preliminary comments (not a full consultation). Your options after that are:
(2) go forward with establishing one or more LLCs and/or trusts;
(3) arrange for a detailed, $250 consultation (called an asset protection review or APR).
For matters that extend beyond company formation and asset protection, you may wish to visit our main law firm site at www.LoneStarLandLaw.com which offers numerous free articles on real estate and business law.
We have two ironclad rules: (1) we are unable to download and read your documents, create a file for you, prepare and ship documents to you, or provide any substantial legal advice until payment is made; and (2) we terminate discussions with any potential client who unreasonably seeks a discount, special deal, package rate, or the like. Our fees are reasonable but this is not a discount law firm.
We also have a general "reasonableness" requirement. Occasionally we have a client who wants a $250 APR but then accompanies his request with a hundred pages of single-spaced legal documents for us to read and analyze. That is not reasonable. We reserve the right to determine what is a reasonable scope of work for any flat fee we charge and then, if necessary, increase the fee, convert to an hourly arrangement, or refund the payment.
Payment of FeesWe earnestly strive for transparency in specifying fees and costs on this site. Go to Make Payment for options.
If you are ready to move forward with a consultation or document preparation, kindly do not ask that we first review your emails/attachments/downloads and state that you "are happy to pay required fees." Fees and costs should be clear . . . so please go ahead and make the appropriate payment and we will begin action on your file within one business day. Of course, if you are unclear as to fees or costs, do not hesitate to ask.
You are encouraged to compare our fees with those charged by other board-certified lawyers with many years experience (This does not include non-lawyer internet sites such as LegalZoom or "guru" investor sites, which we view as toxic waste). Our fees are reasonable, particularly in light of our unique specialties and the availability of fast services online. We produce first-rate quality documents and services for fees that are often half or one-third of those charged by downtown law firms. However, this is not a discount law office. Persistent attempts to negotiate fees will result in termination of our discussions.
The Asset Protection Review (APR)The APR is good starting point if you are uncertain about what action to take to establish a business structure and/or defend assets. It includes an analysis of your circumstances and goals with recommendations for action, so you will need to prepare a list of assets, liabilities, and any legal action that may be pending against you. We need to see all your relevant paperwork to effectively advise you! The fee is $250 and is applied to the fee for forming an LLC if action is taken within 10 days.
Consultation vs. RetainerClients who have not used an attorney before may be unaware of the difference between a consultation and a retainer. A consultation is just that – a discussion and review of your circumstances, documents, and options. It then concludes. It is not a retainer for ongoing advice and services. If you wish to retain a lawyer for an indefinite or lengthy period, you may certainly do that, but payment of a retainer fee in proportion to the size and duration of the transaction is appropriate. Flat fee retainers begin at $550; hourly fee retainers begin at $1,500 with a three-hour non-refundable minimum.
Terms of PaymentPayment is by credit/debit overnighted check, cash, wire, or direct deposit at our bank. E-checks are not accepted since they incur a 5 day hold. All personal or business checks $1,000 or greater must be cashiers checks or money orders – no exceptions. Go to Make Payment.
The cost of processing credit and debit cards is climbing. We now offer a 10% reduction on legal fees (not filing fees and other costs) for cash (not checks), wire, or direct deposit of cash (not checks) at a branch of our bank near you. You will of course receive a receipt. The 10% discount applies for fees of $750 or less; 5% for fees in excess of that amount. Why no reduction for checks? Risk. An alarming number of checks are now NSF. Note: This discount is in lieu of (not in addition to) the $100 discount for simultaneously forming two LLC´s.
Chatting and "Dribbling" from iPhonesChatting. Occasionally, clients or potential clients misunderstand our role in the online marketplace and seek to utilize us as a free legal chat site. In spite of our significant online presence and our determination to supply an unprecedented amount of free information (by means of our website articles), we remain a business that sells legal advice, documents, and services, so – beyond making preliminary comments – we will respectfully decline to engage in lengthy or prolonged back-and-forth communications on an unpaid basis.
“Dribbling.” Many clients use handheld devices rather than keyboards and find it more convenient to send us multiple short or fragmented bursts of information, often over a period of days or weeks. This makes our job difficult since we receive many emails each day. To make matters worse, such devices are notorious for dropping text attachments and typically do not provide an email thread, so we can find ourselves at a loss as to context. Our conclusion? Asset protection is serious business and should probably not be conducted entirely by portable device. Please take the time to get to a computer so we can communicate professionally. Send one (or maybe two) comprehensive instructional emails with all relevant attachments that make it clear what we are being asked to do or what documents we are being asked to prepare. We will respond promptly.
Company FormationTexas and Nevada series limited liability companies are a specialty of ours. Company formation is handled online and services are priced accordingly. Office conferences are not included and usually result in doubling the online fee.
Note that 90% of the new companies we form are series companies because of simplicity, economy, and flexibility for future operations. However, we are still occasionally asked to form a traditional LLC or a corporation and are glad to do so.
Our prices are quoted in terms of flat legal fees plus costs (which are beyond our control and subject to change without notice). Company books (with seal and printed membership certificates) are part of the package and are delivered at our cost. We insert our own sophisticated documentation into these books (minutes, company agreement, etc.) designed to maximize asset protection. We are confident that you will be pleased with the end product.
Questions, corrections, and minor revisions within the immediate time frame are included in our fees. Major re-writes or the creation of custom documentation substantially different from what we usually offer are not included.
Our policy is not to work with or utilize LLC documents prepared by others. The reason is that 90% of what we see from other sources, including law firms, is simply not up to our standards.
Texas Series LLC formation. Legal fees for series LLC formation in Texas are $750 plus the filing fee ($325), $90 for the company book (our cost – includes black vinyl notebook, seal, and custom membership certificates – leatherette upgrade available), and $20 domestic shipping by UPS ground (overnight/air is $20 additional) for a total of $1,185 for the complete Texas package. For this total, you must supply your own registered agent with a physical street address (not a POB or UPS box) in Texas. EIN not included – but that is easily obtained at irs.gov.
Anonymity company formation. This is our proprietary system for utilizing a trust in connection with a Texas LLC filing in order to maintain the client´s anonymity in the Certificate of Formation. Trust agreement is included. Fees are $1,500 plus the filing fee ($325), $90 for the company book (our cost – includes black vinyl notebook, seal, and custom membership certificates – leatherette upgrade available), $20 domestic shipping by UPS ground (overnight/air is $20 additional), and $250 annual fee for registered agent services for a total of $2,185.00. EIN not included – but that is easily obtained at irs.gov.
Two-company structure (recommended). If the client wishes to establish our two-company asset protection structure (utilizing a series LLC as an asset-holding company plus a separate "shell" management LLC to deal with the public), then legal fees for forming these two companies simultaneously are reduced by $100.
Nevada Series LLC formation. An excellent way to own and hold assets. Legal fees for series LLC formation in Nevada are $750 plus $290 in costs, which include the $200 filing and expedited handling fee (regular processing is too slow), $90 for the company book (our cost – includes black vinyl notebook, seal, and custom membership certificates – leatherette upgrade available), and $20 domestic shipping by UPS ground (overnight/air is $20 additional) for a total of $1,160. EIN not included – but that is easily obtained at irs.gov. Note that a Nevada LLC is not recommended for a management company for Texas properties since it would then have to pay expensive fees to register and do business in Texas. Use a Nevada company for a holding company instead. Note that a Nevada LLC is not recommended for a management company for Texas properties since it would then have to pay expensive fees to register and do business in Texas. Use a Nevada company for a holding company instead.
The Nevada registered agent with whom we have an established relationship charges approximately $375 per year. This supplies your company with both a mailing address (on W. Sahara Drive in Las Vegas) and registered agent services at that same address. There are no franchise taxes in Nevada, but after establishing an LLC the state will likely require payment of an annual business license fee (subject to change) of $200.
Conversion of Traditional Texas LLCs. Some clients will request that we convert a traditional Texas LLC to a series company. We generally discourage this option since older entities often come with "baggage" (debt, liabilities, taxes owed, etc.) but under certain circumstances it may be acceptable. $750 excluding filing fee of $175 and any other costs (e.g., company book and shipping).
Documenting an existing traditional LLC. If you have formed a traditional LLC with a minimal "one pager" filing and have no organizational minutes or company agreement, we will document your company with these items and provide complete instructions for starting business. We can also order a company book with seal and membership certificates from our printer. Fee is $550 plus $90 for the company book. Not available for previously formed series companies.
Total Structural Reorganization. Clients occasionally request that we take their existing complicated structure (often consisting of numerous LLC´s, corporations, and limited partnerships) and overhaul it to create a simplified but effective asset protection program. Fees (not costs) begin at $2,500 and are deposited as an initial retainer with supplemental deposits expected. Inquire.
Shelf Companies. From time to time, we may have an inventory of existing, established companies that we can assign to you. These are companies specially designed by this office to include unique anonymity and asset protection features, EIN´s, assumed name certificates, and bank accounts. Fees are substantially higher. For our current inventory, see shelf companies.
Optional add-ons. These include:
Management and consulting contracts to facilitate capital flow between companies (a must for the two-company structure): add $175 per agreement for a total of $350. Note: the management agreement and the consulting agreement are real, full-length contracts that usually are priced at $350 each.
Attorney serving as registered agent in Texas (to receive official mail and accept service of process): $250 annually per company.
Nevada company address and registered agent: approx. $375 (we arrange for you to pay direct to provider).
Upgrade to black and red leatherette company book (display quality): add $45.00.
Deed of real property into the company or into a specific series of the company: $175 per deed plus the county clerk´s per page recording fees (usually about $28).
Exclusion of Certain Registered Agents: The documents produced by this office are sophisticated and proprietary. They are never distributed for reuse. We reserve the right to decline to file formation paperwork that lists a competing asset protection law firm as registered agent or otherwise threatens the proprietary nature of our documents.
Stacking discounts or credits. In rare circumstances, more than discount or credit may apply. Unfortunately, our fees are so low that we cannot permit these to be stacked. The client will be allowed the largest discount or credit that applies.
Registered Agent ServicesThese are limited in scope to (1) accepting service of process; and (2) forwarding official mail from the Secretary of State and Texas Comptroller as well as notice and demand letters from attorneys or claimants. Examples of items not forwarded are bank statements, personal correspondence, junk mail, HOA correspondence, utility bills, magazines, and junk mail generally. The attorney may open correspondence to determine its nature. Items will be forwarded by U.S. first class mail. Overnight delivery, UPS, Fed Ex, and overseas delivery will incur additional cost. Services do not include interfacing with the IRS. Client must furnish up-to-date contact information. The attorney will serve only so long as the annual $250 fee is paid. The attorney will not assist in any illegal or unethical activity, including non-payment of state or federal taxes. If such occurs, then the attorney may immediately cease delivering services without refund and will, upon demand by authorities, disclose the identity and whereabouts of the represented entity and its members, this being an express exception to the attorney-client privilege and a pre-condition to the attorney serving as registered agent.
Exclusion of Certain Registered Agents: The documents produced by this office are sophisticated and proprietary. We reserve the right to decline to file formation paperwork that lists a competing asset protection law firm as registered agent or otherwise threatens the proprietary nature of our documents.
Tax Identification Number (TIN or EIN)The client is responsible for securing a TIN and for all relations with the IRS and other federal agencies. We supply an SS-4 form for this purpose, or this may be done online at www.irs.gov. It is an easy task. Note that each series of an LLC may (but is not required) to have a TIN.
Living TrustsInvestments assets and the homestead should be kept separate. We recommend forming a living (inter vivos trust) and then deeding your homestead into it to avoid probate. Living trusts are $550; deeds are $175 (excluding clerk´s filing fees); and a "pour over" will (designed to transfer your other assets into the trust upon your death) is $250.
Business and Investment AgreementsGeneral partnerships and Joint Venture Agreements. $750
Sales of Business or Business Entity. $750 to $1,500 depending on complexity. Our article at www.LoneStarLandLaw.com on Buying or Selling a Texas Business is suggested reading.
File Retention PolicyClients receive copies of all documents and correspondence pertaining to their case. This is the client´s file. Keeping these copies and maintaining them in an orderly manner is the client´s responsibility. Our file remains the property of this office and may be disposed of at any time without consent of or notice to the client. Reproduction of this file, if we still have it, will incur a $50 fee. We never retain original documents. We disclaim any responsibility for keeping any file for any specific period. In accordance with the Identity Theft Enforcement and Protection Act, files are shredded before disposal.
Document Preparation Generally – Important CommentsOnline Delivery. We are proud of our ability to deliver quality, customized documents in record time – usually within 24 to 48 hours of receiving the necessary background information from the client. Document preparation is customarily handled online. Office visits usually result in doubling the online fee.
Preparing documents vs. negotiating documents. Note this distinction. Flat doc prep fees do not include negotiating the terms of documents with other parties or their lawyers, since negotiation is a time-consuming function separate from merely drawing up a document. Doc prep fees cover delivery of the document and any client-requested changes or corrections within the immediate time frame. Our responsibility then concludes.
Draft documents. We may send drafts of documents to the client to review. It is the client´s responsibility to read these drafts carefully and promptly make us aware of any errors or changes that need to be made. We gladly make these changes within the immediate time frame; however, "corrections" desired by a client after delivery of final documents will incur a re-draft fee of $50.
Use of the attorney as trustee in real estate documents. Fees quoted are for drafting documents to the client´s specifications. Use of the attorney´s name as trustee (on a land trust, a deed of trust, a simultaneous conveyance, etc.) is not a free service. Acting as trustee can incur significant liability by making the attorney a target for potential litigation, and an appropriate charge (beginning at $25 for deeds of trust) is added to compensate for this risk. We reserve the right to decline to act as trustee in any transaction. Under no circumstances will we act as trustee on a document not prepared by this office.
Filing of documents that are emailed to clients. When we email real estate documents to a client, the client should execute the document before a notary, make a copy, and then (if the document is intended to be filed) file the original document in the county clerk´s real property records (there is a modest per-page recording fee that varies by county – check their website). The client may do the filing directly or, alternatively, the document may be returned to us and we will take this extra step. If we do the filing, add $25 to our fees plus the clerk´s filing fee (usually ranging from $28 to $90 for a deed, more for longer docs) to the fee for the preparation of the document. We file documents by first-class mail in the usual course of business unless other prior arrangements are made for expedited delivery. Clients are always responsible for filing documents outside of the State of Texas, except for LLC related docs in Nevada.
Minor clerical errors on documents we have filed or documents received from the printing company. We take every reasonable precaution to avoid errors and will of course take action to correct major errors – defined as errors that have substantive legal effect. We are glad to email pages with corrections or changes. However, it is not our policy to re-file documents with clerks or otherwise incur expenses to correct minor clerical errors (e.g., a missing comma or the like) that have no substantive legal effect.
Document processing time by clerks. This varies widely. These offices are chronically understaffed. We are not responsible for delays or errors caused by a county clerk or the secretary of state and can never be precise as to the time it will take for a document to be processed in a clerk´s office and the original returned.
Emergency doc prep on weekends and holidays. Legal documents may be available on weekends and holidays, by request and for an additional fee of 20%. All legal fees increase by 20% during the last 10 days of the year. No discounts of any kind are available during that time.
Proprietary documents. All documents produced by this office are proprietary and licensed to the client for use in a particular transaction only. They may not be reproduced or re-used in any manner without permission. Accordingly, documents are supplied only in PDF form, not Word or WordPerfect.
Miscellaneous Policies Applicable to All ClientsClients agree to use email whenever possible to avoid phone tag. Clients agree to check their email at least once daily while we are working on your case. This includes checking the spam folder, since mail sometimes winds up there.
Online fees. Fees quoted on this site are for services provided online, supplemented by phone and fax. Office meetings increase these fees substantially.
Articles. Clients must read all our web article(s) applicable to their case prior to engaging our firm. This ensures we have delivered maximum relevant information to you. By hiring us, you certify that you have first read this information.
Inquiries on behalf of others. We occasionally receive inquiries from persons who are asking about the legal situation of another person. We prefer to deal directly with potential clients, so we may respectfully decline to respond to such inquiries.
Flat fees. Flat fees (as opposed to hourly fees) are an accommodation to the client and are quoted with the understanding that adjustment may be necessary if there is a substantial increase in legal work due to unforeseen circumstances. No hourly accounting is made in flat-fee matters.
Hourly fees. Flat fees are quoted whenever possible. When an hourly fee is appropriate, the rate is $250 per hour for out-of-court matters, $300 per hour in-court. Travel time is billed at $100 per hour. An advance retainer of $1,500 to $5,000 is customary in hourly matters with a three hour non-refundable minimum.
Costs. A quote for legal fees (even a flat fee) never includes costs and expenses. Filing fees and the like are always extra in every law office. These fees are beyond our control and subject to change without notice.
Fees and retainers, once paid, are always non-refundable. Overpayments or credits to a client´s account must be used within 6 months or they expire.
Scope of fees. Flat fees are strictly limited to the subject item plus follow-up in the immediate time frame. They do not include other legal services, supplemental doc prep, travel to rural counties, research in the courthouse, physically inspecting property, and the like unless express prior arrangements are made. A "reasonableness" condition applies to all flat fees.
Payment of invoices. For billing of on-going or hourly matters, payment is late 10 days after date of invoice. If payment is not made when due or promised, the attorney is automatically relieved of any obligation to continue delivering legal services.
NSF checks or rejected card payments. This office has a zero tolerance policy on such matters, which will result in immediate termination of representation and possible legal action.
Document review/comment. We gladly review and comment on legal documents prepared by other professionals for the usual consult fee. That includes documents prepared by lawyers and realtors (including TREC and TAR contracts). We are occasionally asked to review out-of-state forms or investment seminar forms for their validity in Texas. We are willing to do a legal validity review, but it is not part of our practice to then attempt to modify such forms in order to make them compliant with Texas law – so we respectfully decline to do this. The reason is that we have our own proven, court-tested, customizable formats for sophisticated Texas real estate and business documents that have evolved over the years. Finally, we do not attempt to comment on homegrown/do-it-yourself documents (they are just too far out of the box – we´ve even seen one scribbled on a napkin) and we never review internet forms (e.g., from investor "guru" sites or from the likes of LegalZoom).
“Meet and Greets.” We occasionally receive requests for an old-fashioned free "meet and greet" or "interviews" at the office in order for a prospective client to determine if this is the law office that will best suit his or her needs. These requests are often accompanied by a promise that "If we like you we´ll send you business." Regretfully, time limitations and the demands of our existing clients do not allow us to include such meetings in our business model. We view them as paid consultations.
Christmas holidays. This is a busy time for entity formation since for various reasons clients want to establish their companies by the first of the year. The Secretary of State´s office (always understaffed) is backed up. The printer who produces our company books is swamped. Mail is slow. This office works overtime during this period, but patience is required. All legal fees increase by 20% in the last 10 days of the calendar year. No discounts or credits of any kind are available during this time.
Brokerage services. Before engaging this firm in a real estate brokerage capacity you have read "Information about Brokerage Services" which is available at the TREC website: http://www.trec.state.tx.us/pdf/contracts/OP-K.pdf.
No tax advice. We cover some of the basics but are not qualified tax advisors or tax return preparers. All clients are encouraged to have a good CPA who should be consulted every time there are potential state or federal tax consequences.
No guarantees. No legal outcome can ever be guaranteed. The client´s obligation to pay fees is not contingent upon the outcome.
Do-it-yourselfers. We occasionally receive requests from persons who want assistance doing their own legal work, filling out "forms," or who want to buy only a part of a package service so as to be able to do the rest themselves. We regret that we cannot include such services in our business model.
Hypothetical questions. We are not able to respond to hypothetical or general questions. Lawyers who practice in the areas of real estate and asset protection answer questions concerning specific circumstances and specific documents. If you would like to arrange a consultation on a specific, concrete situation, we are available.
Half-Finished cases. We occasionally receive requests from persons who want us to assume responsibility for a case that they have been working on themselves pro se (without a lawyer). Because of the number of lawsuits against attorneys, it is our policy not to assume personal and professional liability for what the client did or did not do while the client was attempting to handle the matter himself. We respectfully decline such cases unless we are able to re-start the process from the beginning at the fee stated on this website.
Attorney withdrawal. The attorney may immediately withdraw from a case if fees are not timely paid; if the attorney and client have a substantive disagreement concerning case strategy or methods; or if a client is rude, unprofessional, unreasonably demanding, or uncooperative.
Failure to pay taxes on companies formed by this office. If state and/or federal taxes are not timely paid on companies formed for you by this office, Mr. Willis will resign as registered agent (if he is serving as such) and may disclose to the taxing authorities your identity and whereabouts. This is an exception to our usual strict confidentiality policy. We will not participate or assist in illegal conduct or incur liability for a client´s unlawful conduct. You agree and consent to this in the event you do not pay taxes for your company.
Client fraud or tax evasion. This office advises clients on legitimate asset protection, not fraud or tax evasion. If it is determined that the client is engaging in these activities, representation will be immediately terminated without refund and this office will provide any requested information to the proper authorities. This is an exception to our usual strict confidentiality policy. We will not participate or assist in illegal conduct by a client, nor will we subject ourselves to potential liability for a client’s illegal acts.




