The Following Terms Apply to Paid Consultations Booked Online
The purpose of this Agreement is to describe the limited scope of representations terms and conditions for “Business Law Consultations” offered for online self-scheduling. These terms apply for our consultation appointment only, after which you agree I will be automatically disengaged as your attorney, and no longer perform any legal services unless you sign a separate written engagement letter and deposit a retainer with our firm, of if you book a separate Business Law Consultation (in which case you will be asked to agree to these terms again). Any other legal services requested during our Business Law Consultation (project based, ongoing, or otherwise), if we agree to provide them, require execution of a separate written engagement letter, and payment of a retainer. When you book your appointment for the Business Law Consultation, you are indicating agreement to these terms and conditions and in-fact are required to expressly say “YES” if you agree with them (which indicates your intent to be bound the same as a signature), so read these carefully.
Limited Scope Representation. The limited scope of this engagement is for the limited time of our consultation appointment, and will include only general business law advice and counseling, but will not obligate me to take any further action on your behalf after our conversation. I may help spot issues, brainstorm solutions, and talk strategy and “usual” steps, but there is no other agreement between you and I concerning legal representation, and no other attorney-client relationship exists between us except during the consultation. Do not sign-up for this consultation if you are needing legal advice regarding non-business matters, as I only practice business law. You understand that I may not be able to answer all of your questions during our call - if I cannot offer any advice or for any other reason it becomes apparent that I can not provide services to you, I will tell you so, and refund your fees. Otherwise, the amount paid is a fee that reserves the time I will spend with you to listen to you and provide my feedback and valuable advice based on over two decades as a business attorney. You agree that spotting issues, brainstorming solutions, and having a private, confidential legal consultation is a valuable legal service worth the fees paid, even if your problem is not resolved by our call and you have to obtain assistance elsewhere.
Going Overtime. If you wish to exceed the reserved block of time, and my schedule allows for it, then additional payment may be collected in 30-minute increments based on an hourly rate of $435 (but there is no guarantee of availability beyond our reserved time). If we agree to go over time, I will ask for your payment method and charge it at that time.
If you are seeking advice regarding a business entity that already exists, I am only agreeing to represent the entity, as distinct from its directors, officers, employees, partners, shareholders, and/or members. Throughout these terms, the terms “you” and “your” shall refer to the entity, and when I refer to myself, I am referring to my professional limited liability company, through which I provide my legal services.
I do not guarantee any expected outcome or conclusion of any legal matter due to numerous and complicated factors which are beyond my control. I make no express warranties concerning the outcome of a matter, any future matter, or any aspect thereof, and expressly disclaim any express or implied warranties to that effect. I may from time to time express a professional opinion regarding the anticipated outcome of one or more aspects of a matter, based upon information you provide; any such opinion is nothing more than an estimate or approximation of a potential outcome, and you should treat it as such. It is expressly understood and agreed that no other representations have been made to you except as set out in these terms.
We will check conflicts before our scheduled appointment. If a conflict of interest exists or might exist that we feel is an issue, then we will let you know and refund your fees. It is possible that past, current or future clients may eventually have a dispute with you. You agree this firm may continue to represent a past or existing client, or may undertake to represent any existing or future client, in any matter that is not substantially related to the work that I do for you, even if the interests of such clients in those matters are directly adverse to your interests, including litigation in which you are a party. However, such prospective consent to conflicting representation shall not apply in any instance where, as a result of my representation of you, I have obtained sensitive, proprietary or otherwise confidential information that, if known to any such other client of mine, could be used in any such other matter by such client to your material disadvantage. The foregoing applies also to my representation of an individual person who may own or be employed by the entity that is a client under this engagement.
The fees you are paying to reserve my time are non-refundable 24-hours after paid. You may reschedule your appointment, but you will be assessed an additional 50% change-fee in addition to the fee already paid.
If I or other personnel of the Firm are required to give testimony through its attorneys and/or other employees, or if the Firm is required to produce documents or provide other discovery or testimony concerning our representation of you, you agree to pay the time and reasonable expenses incurred in responding to such requests for testimony or other discovery.
I am licensed in both California and Texas, but this Agreement is performable in Austin, Travis County, Texas unless otherwise agreed in writing. You agree I am not performing this Agreement (regardless of where you are located) outside of the state of Texas. All monies owed hereunder are to be paid via online processing. Should any dispute arise between you and I, you agree that jurisdiction and venue of any such dispute are proper in Austin, Travis County, Texas. This agreement shall be governed by the laws of the State of Texas.
Attorneys, like other professionals who advise on matters which may relate to their personal finances, are required by a federal law (the Gramm-Leach Bliley Act) to inform their clients of their policies regarding privacy of client information. Because attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by this law, we have always protected our clients' right to privacy. In the course of representing my clients, I receive personal and financial information from them. As a client, you are advised that all information received from you will be held in confidence and not released to outside persons, except as agreed to by you or as required under applicable law. We retain records relating to professional needs and, in some cases, to comply with professional guidelines. I maintain commercially reasonable physical, electronic, and procedural safeguards to safeguard confidential information. You agree that we may keep your client files, email communications, and all related work product related to this engagement in cloud based (web-hosted) data storage and email systems, and release us from any damages, costs, claims, and expenses which may result from third-party data intrusion or interception thereof. The Firm selects vendors of cloud based IT products after determining that reasonable precautions are taken to ensure the security and redundancy of data storage practices. The Firm limits access to your data to staff trained to keep their secure log-ins confidential and protect against intrusion, to the extent practical, and to the vendors who provide the above listed cloud based services. While no guarantee can ever be made that electronic communication or data storage is 100% immune from intrusion, the firm only uses third party vendors that have an enterprise level demonstrated capability for provision of security and redundancy in a manner superior to that which would be practical and/or reasonable for firm of our size. Our call will be via the means you have selected, and you agree that the security of such service (whether Zoom, Google Meet, or phone) is sufficient for your needs. If you do not agree to the above data storage practices, and require additional security measures, such as secure point-to-point encryption for all communications, use of specific encryption software, encryption of all information at rest, or other more specific means of enhanced data and communications security, you should not sign this engagement letter. Instead, you should contact us to advise what your specific security preferences and needs are, and we will either decline representation or prepare a quote for the additional enhanced security costs that will be charged in order to make it possible to accommodate your request.
Notwithstanding the above consent to digital communications and third-party data storage, you agree that the firm is not required to maintain copies of any documents or other notes and materials contained in your file and that such documents, notes and materials may be destroyed at any time following the conclusion of this engagement without notice to you. You should make and keep your own copies of all documents provided to you, if any.
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the Texas General Arbitration Act. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, either party may apply to a court of competent jurisdiction for the appointment of an arbitrator. The arbitration shall take place in Travis County, Texas. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.
ARBITRATION NOTICE:
This Agreement contains provisions requiring arbitration of disputes. Before you sign this AGREEMENT, you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.
TAX DISCLOSURE AND ACKNOWLEDGMENT:
YOU ARE ADVISED TO OBTAIN INDEPENDENT AND COMPETENT TAX ADVICE REGARDING LEGAL AND BUSINESS MATTERS SINCE LEGAL AND BUSINESS TRANSACTIONS CAN GIVE RISE TO TAX CONSEQUENCES. I AM NOT A TAX SPECIALIST. I HAVE NOT AGREED TO RENDER ANY TAX ADVICE AND AM NOT RESPONSIBLE FOR ANY ADVICE REGARDING TAX MATTERS OR PREPARATION OF TAX RETURNS, OR OTHER FILINGS, INCLUDING, BUT NOT LIMITED TO, STATE AND FEDERAL INCOME AND INHERITANCE TAX RETURNS. FURTHERMORE, YOU SHOULD OBTAIN PROFESSIONAL HELP REGARDING THE VALUATION AND LOCATION OF ALL ASSETS WHICH MAY BE THE SUBJECT OF A LEGAL MATTER INCLUDING BUT NOT LIMITED TO: PROPERTY OF ANY ESTATE, PENSIONS, EMPLOYMENT BENEFIT AND PROFIT-SHARING RIGHTS THAT MAY BE CONTROLLED BY ANY OTHER PARTY TO THE LEGAL MATTER.
This agreement represents the entire current understanding of the parties with regards to our engagement and replaces any previous written or oral communications.If the foregoing correctly reflects our agreements and your understandings, please acknowledge this agreement in the space provided below. You are advised to seek the advice and counsel of another attorney as to your rights under this contract and as to a review of the work this law Firm will be performing for you. You agree to conduct business electronically and to be bound by such as though it were an original and personally signed contract in writing, pursuant to the Uniform Electronic Transactions Act (Texas Business and Commerce Code Section 322.001 et seq).
DO NOT CLICK TO BOOK YOUR APPOINTMENT UNLESS YOU AGREE TO THE ABOVE TERMS. IF YOU AGREE TO THESE TERMS, YOU CAN INDICATE YOUR AGREEMENT CLICKING TO BOOK YOUR APPOINTMENT, AFTER WHICH YOU WILL HAVE 24-HOURS TO CANCEL FOR A FULL REFUND. NO REFUNDS ARE PROVIDED AFTER 24-HOURS FROM BOOKING, AND RESCHEDULING IS SUBJECT TO A 50% ADDITIONAL FEE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT BOOK YOUR APPOINTMENT.
Online Paid Consultation terms last updated and current as of December 8, 2023.