In order to retain the services of any attorney employed by the Law Office of Steven C. Benke, a potential client must enter into a fee agreement (Law Offices Contract and Exhibit A). The fee agreement becomes the complete understanding regarding payment of legal fees and expenses, including refunds. In the event that a client retains the Law Office and subsequently decides to terminate the case prior to case completion, a refund of unearned attorney fees and costs shall be provided. In the event that a potential client makes a payment before retaining our services and we subsequently decline representation, we will refund the amount of the payment less the reasonable value of our time and expenses. Time expended by the Attorney for the initial consultation and any subsequent work performed, including, but not limited to document preparation, telephone calls, court appearances, depositions, motion/hearing/trial preparation, research, travel to court, time expended to close the case at client's request, etc. shall be billed at the hourly rate specified in the retainer. Time expended by the Paralegal for the initial consultation and any subsequent work performed, including, but not limited to document preparation, telephone calls, file maintenance, meetings with Client, time expended to close the case at client's request, etc. shall be billed at the hourly rate specified in the contract. If a payment is made in error or for an incorrect amount, please contact the Law Office immediately for refund and/or correction. These requests must be in writing and made within 48 hours of payment. Requests for refunds must be made in writing and mailed/hand delivered to our office at 2941 Mossrock, Suite 100, San Antonio, Texas 78230. Refunds of client funds shall be made by check and must be picked up by the client in person within 30 days of request.
The Law Office of Steven C. Benke processes all written requests for refunds. Our firm will review the entire contents of the client’s physical, electronic, and billing file when processing the request. Within thirty (30) days, our firm will send a written response either denying the request, requesting more information, or granting the request. The decision as to the response remains completely within the discretion of the law firm.
If you have any additional questions or would like to request a refund, feel free to contact us.
Under Texas Health and Safety Code, Sec. 181.154 - HB 300, effective September 1, 2012 - Because Law Offices of Steven C Benke P.C. gathers, stores, and electronically transmits medical records (Protected Health Information - PHI) in the course of our representation of our clients, we are required to post a notice to clients that their protected health information is subject to electronic disclosure. Texas and Federal Law prohibits any electronic disclosure of a client's protected health information to any person without a separate authorization from the client or the client's legally authorized representative for each disclosure. This authorization for disclosure may be made in written or electronic form or in oral form if it is documented in writing by our law firm. The authorization for electronic disclosure of protected health information described above is not required if the disclosure is made: to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of: treatment; payment; health care operations; performing an insurance or health maintenance organization function described by Section 602.053, Insurance Code; or as otherwise authorized or required by state or federal law. In other words, no further release is necessary for electronic disclosure to other health care providers, insurance companies, governmental agencies, or defense lawyers representing adverse parties.