Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case, however be aware costs may exceed attorney's fees.  If the case is outside Colorado Springs, travel time and expense will increase the quote.

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

   Option 2 - U.S. Mail - Regular Mail.        
                a.  Regular U.S. Mail is the mid-range cost alternative where agencies decline to accept e-Service or for clients uncomfortable with electronic process and desire for U.S. Mail.  Cost per agency was cheap but expense changed with the advent of new postal regulations May 14, 2007.  Postal rates changed from weight based services to shape based services which factor envelope size, thickness, rigidity and weight. 
                b.  The sealing order is received by the agency in the U.S. Mail without an individual recipient being named and without evidence of actual receipt.  It may or may not actually be delivered.  An attorney's certificate of mailing would be filed with the court, however there is no evidence to validate the certificate.  Attachment of individual criminal culpability for failing to seal is unlikely. 
                c.  Although it will not provide the name of the individual to whom the letter was delivered and may not be admissible evidence of service, USPS delivery confirmation is available for minor additional cost.  Client can obtain confirmation that the sealing order was delivered, similar to FedX website delivery confirmation.
                e.  Absent sophisticated mailing equipment, it may not be possible to determine first class or parcel postage on oversized, heavy or stuffed envelopes.  Physical appearance at the USPS may likely be required to mail hard copy final sealing order and notice documents based upon the weight, rigidity or delivery confirmation.  Line queue of 20 - 45 minutes or longer is frequently encountered for USPS counter service; this would be billable upon a secretarial hourly fee basis.
                f.  Service by regular U.S. Mail is not recommended by counsel.  This office recommends personal service, but understands client cost considerations and will use regular U.S. Mail option upon client instruction.   If an agency failed to seal after mailing, further work to remedy would be billed upon an hourly fee basis.  Refer to regular US Mail total estimated fees & costs.  This method of serving the final order is less expensive than personal service and is the most commonly used method method of service by other attorneys due to cost savings and previous unavailability of e-Service.  Service by regular U.S. Mail is however more expensive than e-Service estimated fees and costs.
                g.  Service Method Upside - Expense Reduction & Safety Net.  In cases where criminal justice agencies decline to accept e-Service, with the safety net of subsequent records check referenced in attorney recommendations, service of the final sealing order by regular U.S. Mail is worth considering if initial cost savings is a factor for the prospective client.
                h.  Service Method Downside - Potential Additional Fees and Costs.  It is likely that agencies will seal upon receipt of the final sealing order, however counsel can not guarantee.  Given that the client is advised of the risks inherent in regular U.S. Mail service, if client so elects, additional fees and costs necessitated by agency dispute, opening the sealed court file, court certification and alternate service of process would be the billable if an agency fails to timely seal records. 

         Option 3 - Personal Service of Process. 
                a.  Service Method Upside - Likelihood of Actual Sealing.  A specific individual is personally served and could incur criminal penalties if records are not sealed.  A proper affidavit of service of process is filed with the court evidencing receipt of the order.  Agencies with records will likely seal records in their possession. 
                b.  Service Method Downside - Expense.  Personal service of process is expensive - estimated $55 per local agency (Colorado Springs), $68 for the CBI (Denver) and the FBI (West Virginia) in excess of $100.  In addition to paying a process server, expense for court certification of the sealing order is doubled - one for the recipient + one for attachment to the affidavit of service of process.  $0.75 per page court copy cost plus $15 per document court certification fee.  Refer to personal service total estimated fees & costs - they are significantly more than e-Service or regular US Mail costs. 
                c.  Personal service method of serving a certified copy of the final order is the most secure manner to serve final order and the most costly.
                d.  Link to professional process servers.

        Option 4 - U.S. Mail - Certified Mail, Return Receipt Requested. 
                Significant time expenditure is required for preparation of 8 - 12 certified mail pieces, and certified mail is costly.  It is not uncommon for USPS certified mail receipts (green cards) to be returned without a date or without signature, and periodically the green cards are simply not returned.  This attorney will not use certified mail to serve the final sealing order.

METHOD OF GIVING NOTICE OF FINAL SEALING ORDER

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Website Initial Publication Date: October 18, 2003 - Republication Date: January 29, 2010