McLaughlin Law Group
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Terms of Engagement

 

We appreciate your decision to retain the McLaughlin Law Group as your legal counsel. The following summarizes our billing practices and certain other terms that will apply to our engagement, unless otherwise specified in the accompanying Engagement Letter.

Fees
When establishing fees for the services that we render, we are guided primarily by the time and labor required, although we also consider other factors, such as the novelty and difficulty of the legal issues involved, the legal skill required to perform the particular assignment, the fee customarily charged to comparable firms for similar legal services, the amount of money involved or at risk and the results obtained, the time constraints imposed by either the client or the circumstances, and any unforeseen circumstances arising in the course of our representation. We invite our clients to discuss freely with us any questions that they have concerning a fee charged for any matter. We want our clients to be satisfied with both the quality of our services and the reasonableness of the fees that we charge for those services. We will attempt to provide as much billing information as the client requires, in the form desired.

In determining a reasonable fee for the time and labor required for a particular matter, we consider the ability, experience, and reputation of the lawyer or lawyers in our firm who perform the services. To facilitate this determination, we internally assign to each lawyer an hourly rate based on the lawyer's ability, experience, and reputation. When selecting lawyers to perform services for a client we generally seek to assign lawyers having the lowest hourly rates consistent with the skills, time demands, and other factors influencing the professional responsibility required for each matter. Of course, our internal allocation of values for lawyers' time changes periodically to account for increases in our costs of delivering legal service, other economic factors, and the augmentation of a particular lawyer's ability, experience, and reputation. The effect of the foregoing factors upon any particular assignment given to us is difficult to predict with precision and for this reason we generally cannot give exact estimates of the total fees for our representation in connection with a particular matter.

Disbursements
In addition to legal fees, our invoices include any out-of-pocket expenses we have advanced on behalf of the client. These advanced costs generally include such items as travel expenses, long distance telephone tolls, messenger and delivery service, the costs of terminal time for computer research, postage in excess of the first-class rate for ordinary letters, fees for filing, recording, certification, and registration charged by governmental bodies, and the cost of photocopying materials sent to the client or third parties or required for our use.

Billing
We generally bill monthly and our invoices are due within thirty (30) days of receipt. Statements of account are available monthly and generally contain a summary of each matter for which legal services were rendered and a fee was charged.

Advanced Fees/Retainers
Our firm reserves the right to require an advance fee deposit with respect to new matters we undertake. We apply any advance fee deposit to the last monthly billing for the matter and we refund any excess at the conclusion of our representation. We may request an advance costs deposit (in addition to an advance fee deposit) when we anticipate that we will be required to incur substantial costs on behalf of the client. We reserve the right to use any part of said funds to satisfy a delinquent payment, and to discontinue representation until you forward funds to restore the full retainer.

Professional Ethics/Confidentiality
As a matter of professional responsibility, we are required to preserve the confidences and secrets of our clients. This professional obligation and the legal privilege for attorney-client communications exist to encourage candid and complete communication between a client and his or her lawyer. In order for us to maximize the benefit of our services for a client we must be aware of all information that might be relevant to our representation. Consequently, we trust that our attorney-client relationship with you will be based on mutual confidence and unrestrained communication that will facilitate our proper representation of you. The confidentiality of our discussions is, however, not without exceptions. We will explain these exceptions to you if you request us to do so. Additionally, you should be aware that, in instances in which we represent a corporation or similar legal entity, our client relationship is with the entity and not with its individual executives, shareholders, directors, partners or persons in similar positions. In those cases, our professional responsibilities are owed to the entity. Of course, we can also represent individual executives, shareholders, partners, and other persons related to the entity in matters that do not conflict with the interests of the entity, except that the consent of all clients may be required under some circumstances. Like most businesses, our firm customarily arranges for financing with one or more lending institutions. Our lenders may require us to collateralize our obligations with our accounts receivable or otherwise require disclosure of financial arrangements with our clients. Thus, the fact of our attorney-client relationship, but not the details of the representation, may be disclosed to our lenders.

Termination of Services
If our invoices are not paid promptly, we reserve the right to terminate the representation. Generally, any payments made are applied first to the oldest outstanding invoice. In the unlikely event that collection activities are necessary, you agree that we are entitled to reasonable attorneys' fees and court costs in connection with such collection activities.

You have the right at any time to terminate our services and representation upon written notice to the firm. We reserve the right to withdraw from our representation in accordance with applicable rules of professional conduct if, among other things, you fail to honor the terms of the Engagement Letter, you fail to cooperate or follow our advice on a material matter, or any fact or circumstance would, in our view, render our continuing representation unlawful or unethical. We will be entitled to be paid for all services rendered and costs and expenses paid or incurred on your behalf to the date of termination or withdrawal, as well as for services rendered and costs and expenses paid or incurred in connection with acquainting any new counsel with the matter and making copies of documents for the client, any new counsel and the firm.

We want to thank you again for selecting our firm. We look forward to a mutually satisfying and rewarding relationship.

 
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