1. Representation as to Ability:
Contractor represents that they are licensed to practice law in Texas, is in good standing with the State Bar of Texas, and meets the minimum requirements to be on the RCMAC Appointment Panel as established by the Randall County/RCMAC contract. Contractor further represents that Contractor is qualified for, and has met the requirements for the level of offense that RCMAC assigns Contractor. Contractor represents that Contractor will continue to comply with all ongoing continuing legal education and other requirements necessary to remain on the RCMAC Panel for the duration of this contract unless said contract is terminated by either party.
2. Contractor Cooperation and Monitoring
All panel attorneys are private contractors for the RCMAC. Our goal is to provide high-quality indigent defense representation, therefore, attorneys must strive to cooperate with performance evaluations, monitoring, best billing practices and complaint monitoring.
3. Services to be Performed by Contractor:
Contractor will provide high quality legal services to indigent individuals charged with crimes in Randall County. Contractor understands that they will be assigned cases based on their level of experience or stated desire to be placed at a given point on the list. Contractor, Courts, Court Administration and Bond Companies will be notified of assignments by the RCMAC via e-mail. Contractor will only provide legal services in cases in which appointment of counsel is constitutionally required or statutorily permitted under Texas Code of Criminal Procedure §26.04. Contractor may decline assignments when client caseloads have reached capacity or legal conflicts are identified. Contractor may be placed on hold at the discretion of the RCMAC Director.
4. Compensation:
Contractor will be paid for legal services performed by Contractor under this contract pursuant to rules adopted by the Randall County Contract, and such rules are deemed incorporated into the terms of this Contract. Contractor shall use Contractor’s best efforts and legal ability on behalf of the client in each case undertaken and shall claim fees only for actual time and case-related expenses reasonably necessary to properly represent the client. These fees and expenses will be paid to the extent specified in rules adopted by the RCMAC. Vouchers that have not been filed by Contractor 60 days after the disposition of an assigned case will need approval by the RCMAC Director for payment and are subject to non-payment by the RCMAC.
5. Assignment:
Contractor shall not assign, transfer, or otherwise dispose of the duties authorized under this contract to any person, firm, or other entity without the prior written consent of the RCMAC. Nothing in this provision is intended to prohibit Contractor from having another attorney serve as a temporary substitute counsel on behalf of Contractor so long as Contractor is at all times personally responsible for the representation of the client, ensures that substitute counsel is qualified to perform the work directed, and that the client is effectively represented at all times.
6. Termination at Will:
Either party may terminate this contract in whole or in part by giving forty-five (45) days written notice to the non-terminating party absent good cause shown. In the event of termination, the RCMAC shall determine whether the appointed attorney will continue to handle cases to which the attorney was appointed by virtue of this Contract. Any continued services for such cases will be paid as provided herein.
7. Termination for License Suspension or Revocation:
If Contractor is no longer permitted to practice law in Texas for any reason, including the suspension or revocation of the attorney’s license, this contract shall terminate immediately without notice. Upon termination of the contract, services to be performed by Contractor shall cease. All cases being handled by Contractor shall be returned to the RCMAC for reassignment.
8. Termination for Improper Billing Practices
The RCMAC may terminate this contract for improper billing practices if the RCMAC determines that the attorney has engaged in a pattern of willful, intentional, reckless, or negligent submission of false fee claims. Unless the RCMAC consents in writing to Contractor’s continued performance on a pending case, upon termination of the contract, services to be performed by Contractor shall cease, and all cases being handled by Contractor shall be returned to the RCMAC for reassignment.
9. Notices:
Notices, approvals, and communications required by this contract shall be in writing
unless indicated otherwise in this Contract. “Writing” includes electronic documents and communication to the extent permitted by rules adopted by the RCMAC.