All engagements between the Client (“you”) and Kevin J. Perkins, Esq., LL. M. Taxation (Sr. Attorney”) and Perkins Law Firm, APC (“Firm”) are subject to the following terms and conditions (“Agreement”):
- Written retainer agreement waived. I am aware that this online acknowledgment of acceptance of Policies on Professional Services and WAIVES my right to a written retainer agreement.
- Flat Rate Retainer. This is a FLAT RATE Retainer Fee due upon receipt of invoice and earned when receive. You will receive an invoice after your initial Educational Consultation. After payment in full you will be e-mailed an electronic PDF file of your Estate Plan Portfolio ready for your signature, witnessing and notarization of your documents.
- Additional Charges. The Firm adds to each Client bill any out-of-pocket costs incurred by the Firm directly related to such client matter. Filing fees, photocopies, courier fees, title searches, etc.
- File Retention. The Firm does not retain or store any signed documents for Clients or Trustees. It is the responsibility of the Client to be the custodian of Estate Plan Documents.
- Independent Contractors: The Firm occasionally discusses details of your situation with third parties and independent contractors, such as your CPAs, financial planners, brokers, and other professionals. In such instances, our fees would be in addition to any fees charged to you by such third parties.
- Unsecured Communication: By signing the engagement letter, you authorize the Firm to communicate with you via unsecure email and electronic messaging services. Such communications with third parties, or by e-mail, may be construed as a waiver of Attorney Client Privilege of Confidentiality.
- Limitations on Representation. As a policy, our Firm does not advise on any matter which might constitute tax evasion, fraud, including bankruptcy fraud (in particular on asset protection matters), or provide advice to violate the law in any way. If, during the course of our representation of you, we received information that suggests any illegal activity, we will terminate our engagement immediately and return your file to you, along with our final invoice for services.
- Disputes. Any controversy, claim or dispute (“Dispute”) arising before, during, or after the establishment of an attorney-client relationship or arising out of, in connection with, or relating to the Firm’s services, including the determination of the scope or applicability of this arbitration provision, shall be first mediated in Orange County, California. “Disputes” shall include, without limitation, those involving fees, costs, billing, claims of professional negligence, malpractice, contract claims, fraud or negligence claims, and breach of ethical or fiduciary duties. The mediation shall be administered by JAMS in Orange County, pursuant to its rules. The mediator shall recommend an allocation of all of the costs of the dispute (and the mediation, if applicable), including the fees of the mediator and the reasonable attorneys’ fees of the prevailing party, against the party who does not prevail. The results of the mediation shall remain confidential. This provision is not intended to abrogate your right to require a non-binding fee arbitration pursuant to California Business & Professions Code Sections 6200-06. You have the right to request such a non-binding fee arbitration at any time, even after other arbitration or litigation has commenced. If you demand the arbitration of a fee dispute pursuant to these provisions, either party may seek to consolidate that arbitration with any other arbitration pending between the parties. This provision may be changes upon mutual written consent.
PLEASE NOTE: THIS PROVISION PRECLUDES A COURT TRIAL OR JURY TRIAL OF ANY MALPRACTICE CLAIM OR OTHER CLAIM RELATED TO THE RENDERING OF THIS FIRM’S SERVICES.
- Miscellaneous. This agreement, and the terms of our representation, shall be governed under California law, irrespective of where services are performed, where a trust drafted by our office is situated, or where a business entity formed by our office was formed or operates, and irrespective of where you are located.
- The Firm may assign this contract upon written notice to you, and the rights herein shall automatically inure to the benefit of the Firm’s assignee. You may not assign any portion of this contract.
- No provision of this Agreement is intended, nor will be interpreted, to provide or to create any third-party beneficiary rights or any other rights of any kind in any beneficiary, heir, vendor, customer, affiliate, shareholder, employee, partner of yours. Our engagement shall be limited to the services referenced on page one of the engagement letter.
- Our Firm shall not have a duty to advise you of Federal or State law changes, even if these changes would result in material changes to your planning.
- If anyone in our Firm is subpoenaed to testify or appear for any reason relating to the engagement, the Firm will bill its normal, hourly rates, costs and expenses to the party who issued the subpoena, or will bill the client (or, in the case of a deceased client, the client’s estate), at the Firm’s choice.
- Our engagement, billing and arbitration practices reflect our desire to deal fairly with all our Clients in this as in all other aspects of our professional relationships.
Perkins Law Firm is pleased to be of service.