Attorney-Client Agreement (Task-Based+Hourly) 2018-05-23T20:58:33-07:00
    (You will receive a copy of this agreement for your records by email).

    This Attorney-Client Representation Agreement (“Agreement”) is between Client and AXIS Legal Counsel Professional Corporation (“AXIS”) for legal services. This is the Agreement by which you hire AXIS to be your attorneys and legal representatives.

    1. LEGAL SERVICES TO BE PROVIDED. The scope of the legal services (the “Legal Services”) that AXIS will provide are as follows:
  • A. SCOPE OF REPRESENTATION. AXIS is representing Client only with respect to the Legal Services quoted to Client and not other legal matters. If Client wishes to retain AXIS for any unrelated matters, a new retainer agreement may be negotiated between Client and AXIS. AXIS provides client newsletters, informational sheets, brochures, and other updates about legal matters from time to time, which are for informational purposes only and should not be construed as an undertaking or obligation on the part of AXIS to provide legal advice about any and all legal matters or developments that could potentially affect Client.

    B. INITIAL INVESTIGATION AND RESEARCH. AXIS will start by investigating and researching Client’s requests for the Legal Services, which may include requests to Client or others for documents and information. If AXIS determines it is not practical or reasonable to pursue the Legal Services, that the Legal Services are not supported by facts, law, or evidence, or are being pursued for an improper purpose, AXIS shall have good cause to conclude its representation of Client under this Agreement upon notice to Client, or to propose an alternative approach to the Legal Services under a new Attorney-Client Agreement.
    2. ATTORNEY’S FEES. AXIS's Legal Services will be provided to Client on a task-based basis for task-based legal work that is specifically budgeted through a Legal Services Fee Quote, and on an hourly basis for all other work. Generally, attorneys' fees are incurred through responding or answering Your questions, emails, or inquiries, discussing strategy with you, providing advice, legal counsel, or recommendations to you, evaluating or advising you of your legal options or rights, preparing documents, collecting information or evidence, responding to third-parties on your behalf or as your representative, or addressing any other matter for our opinions or assistance are sought in connection with your legal issues. The payment of fees will not be contingent or dependent on the outcome or success of any of the Legal Services. A. TASK/PROJECT BASED WORK. For all task/project based work, individual written Legal Services Fee Quotes will be provided to Client for the amount for fees that Client will be billed for certain work provided, regardless of the amount of time it actually takes. All other Legal Services provided, other than those set forth in specific written Legal Services Fee Quote(s), will be provided by Axis to Client on an hourly basis. Fees for task/project based work will be deemed earned as specified in written Legal Services Fee Quotes provided to Client, and if none is specified, they will be deemed earned when work on the task begins.

    B. HOURLY WORK. For all other work not set forth in written Legal Fee Service Quote(s), Legal Services will be provided at the hourly rate quoted to Client, which hourly rate is incorporated by reference into this provision as though fully set out herein. Legal work unrelated to the Legal Services described in this Agreement may or may not be billed at the same hourly rate, and will be subject to the hourly rate quoted to Client for those particular services. Fees on all hourly work will be deemed earned as they are performed. For hourly work or Legal Services not subject to a Legal Services Fee Quote, no promises or guarantees are made that AXIS will be able to complete any portion of the Legal Services or specific tasks within a block of time or deposit fund amount purchased by Client. Deposit or requests made by AXIS, or estimates of hours to be expended or Costs that may be incurred, are suggestions and estimates only. No estimate, suggestion, or prediction of any kind shall be considered a fee-cap or flat-fee, unless specifically set forth in a Legal Services Fee Quote. Hourly rates may be increased from time to time upon written notice to You via email.

    C. FUNDING AND PAYMENT. Payment for Legal Services will be made via draw-down deposit by Client. Client’s funds will be held in trust, and drawn down upon, as work is performed and fees are deemed earned. 1. REFUNDS. At any point during AXIS’ representation of Client, all amounts deposited for hourly services, but not deemed earned are fully refundable to Client. Flat-fee projects are earned immediately. If this Agreement is terminated or if work is concluded at any time during which a positive balance remains in Client’s deposit fund, all amounts not deemed earned will be fully refunded to Client.

    2. REPLENISHMENT. AXIS will notify Client when the deposit fund is exhausted, and may request that Client replenish the draw-down fund so that the Legal Services can continue to be provided by AXIS to Client. Client understands and agrees that without a positive balance of funds in the draw-down retainer fund, AXIS will not be able to continue providing Client with the Legal Services, which may impair, impede, or harm Client’s interests. If Client is unable to timely replenish the draw-down retainer fund, AXIS shall have good cause to conclude the Legal Services and cease representing Client.
    D. STATEMENTS. For deposits made for our Legal Services, You will receive a receipt for your deposit. Statements for services rendered shall be provided as specified in our Billing Terms and Conditions.
    3. COSTS. During the course of providing Legal Services, costs (“Costs”) may be necessary. Costs may include, but are not limited to, costs of maintaining the legal action (filing fees, deposition transcripts, witness fees, jury expenses, etc.), expert witness and investigators’ fees, travel costs (with the exception of travel costs incurred by Client), meeting and conference costs, document and reproduction costs, telephone costs, messenger and other delivery fees, postage costs, parking expenses, file material expenses, administrative services (fees for messengers, service of process, investigations), interest expenses, lien-negotiation services, and other similar items. Client may request a statement of actual Costs or view our Schedule of Common Costs. Any Costs for which Clients are responsible will be billed to the Client and paid from Client’s deposit fund. Client understands and agrees that without a positive balance of funds in the draw-down deposit fund, AXIS will not be able to continue providing Client with the Legal Services, which may impair, impede, or harm Client’s interests. If Client is unable to timely replenish the draw-down deposit fund, AXIS shall have good cause to conclude the Legal Services and cease representing Client.

    4. BILLING TERMS AND CONDITIONSBy agreeing to this Attorney-Client Engagement, You further agree to our Billing Terms and Conditions, which is periodically updated by us from time to time. By using our legal services, You agree to the Billing Terms and Conditions then in effect, as may be updated from time to time.

    5. TAX ADVICE. Client acknowledge and understands that AXIS does not provide tax advice or practice tax law and that it is Client’s obligation to obtain independent tax advice concerning each and every aspect of the subject of the Legal Services.

    6. CLIENT'S OBLIGATIONS. AXIS requests and Client agrees to notify AXIS if Client moves or changes phone number, email address, or other contact information, to keep AXIS informed of all developments, to diligently review and respond to AXIS’s requests for information, or other documents requiring Client’s signature, to be truthful to AXIS, and to work with AXIS to obtain the best possible result for Client in providing the Legal Services.

    7. TERMINATION OF AGREEMENT A. BY CLIENT. Client has the right to discharge AXIS and terminate this Agreement at any time, for any reason.

    B. BY AXIS. AXIS may withdraw from representation of Client (a) with Client’s consent, (b) upon court approval, (c) if no court action has been filed, for Good Cause, upon written notice to Client. Good Cause includes but is not limited to AXIS’s determination not to pursue Client’s claim based on investigation, research, or belief that Client’s Claims will be unfeasible to pursue because of factual, legal, evidentiary, or other reasons; Client’s breach of this contract or billing/payment terms; Client’s provision of incorrect, different, or false information to AXIS; Client’s unwillingness to cooperate with AXIS or to follow AXIS’s recommendations on a material matter; or any fact or circumstance that would render AXIS’s continuing representation unlawful, unfeasible, or unethical.
    8. AXIS’S RIGHT TO REASONABLE VALUE OF SERVICES AND/OR COSTS. In the event Client discharges AXIS without making payment on outstanding Attorneys’ Fees or Costs, AXIS shall be entitled to recover from Client AXIS’s Costs and reasonable value of services rendered via lien or otherwise. Client may request a statement of AXIS’s hourly rates or the value of services and Costs incurred in providing Client with the Legal Services at any point in time.

    9. NO PROMISES OR REPRESENTATIONS OF VALUE OR OUTCOME. Client agrees and acknowledges that AXIS has not made and cannot make any representations or promises to Client about the settlement/verdict/judgment value of the case, or that the case will be resolved in Client’s favor through settlement or trial. Nothing in this Agreement and nothing in our statements to you now or during the pendency of your claim should be construed as a promise or guarantee about the outcome of your matter. We are unable to make any such promises or guarantees. Comments about the outcome of your matter are expressions of our opinion only.

    10. CONFLICTS AND PROSPECTIVE CONSENT. AXIS represents many other clients and individuals. In agreeing to the term of this Agreement, Client agrees that AXIS may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you, even if the interests of such clients in those other matters may be directly or indirectly adverse to you. Client’s prospective consent shall not apply, however, in circumstances of a conflicting representation through which we have obtained proprietary or other confidential information of a non-public nature that if known to such other client, could be used in any such other matter by such client to your material disadvantage.

    11. DISPUTE UNDER AGREEMENT. In any dispute under this Agreement or AXIS’s provision of Legal Services or any matter in any way relating to AXIS’s work or services for Client, AXIS and Client agree to submit their dispute to binding arbitration. The Arbitration shall be conducted before ADR Services Inc. in Los Angeles, California, pursuant to the rules of arbitration. The parties agree that all disputes shall be governed by California law.

    12. RULE 3-410 DISCLOSURE.Rule 3-410 of the California Rules of Professional Conduct states that: (A) A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours. Effective June 1, 2019 the member(s) of the Firm will not and do not have professional liability insurance for matters of legal representation less than or in excess of four hours.

    13. ELECTRONIC FILE AND DOCUMENT RETENTION.AXIS is committed to environmental considerations and attempts to maintain Client files as paperlessly as possible. If Client (or anyone acting on Client’s behalf) requests the original or a paper photocopy of all or any portion of Client’s file (either during the pendancy of the matter or at any time thereafter), Client shall be responsible for copying costs. Otherwise, AXIS has a paperless document retention policy and Client Files are reduced to electronic/paperless format only, with no hard copy files kept or maintained following the conclusion of Legal Services for any particular matter.

    14. MISCELLANEOUS PROVISIONS. This Agreement shall be binding upon the successors, heirs, executors, administrators, legal representatives, and assigns of the parties. This Agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties. If any portion of this Agreement is deemed invalid, illegal, or unenforceable, such portion shall be construed separately and shall not affect the remainder of this Agreement. This Agreement is the only Agreement between the parties and supersedes all prior understandings, oral discussions, promises, or earlier agreements relating to the subject matter of this Agreement. with the exception of Legal Services Fee Quotes or similar written quotes for services or fees provided by AXIS to Client.

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