Engagement Agreement – Limited Assistance Representation
This Agreement is made between Edmond P. Tremblay & Associates, P. C., hereafter referred to as "Attorney" and the purchasing party hereinafter referred to as "Client."
Nature of Case: Client consulted Attorney in the following matter: Nonprofit Consultation
1. Client Responsibilities and Control: Client will remain responsible for the conduct of the case and understands that he/she will remain in control of and be responsible for all decisions made in the course of the case. Client agrees to:
a. Cooperate with Attorney by complying with all reasonable requests for information in connection with the matter for which Client is requesting services;
b. Keep Attorney advised of Client’s concerns and any information pertinent to Client’s case;
c. Provide Attorney with copies of any/all pleadings and correspondence to and from Client regarding this case;
d. Immediately provide Attorney with any new pleadings or motions if any received from the other party; and
e. Keep all documents related to the case in a file for review by Attorney.
2. Services to be Performed by Attorney:
a. Client seeks the services from Attorney, associates and staff: Nonprofit Consultation
b. The Client may request that Attorney provide additional services. If Attorney agrees to provide additional services, those additional services will be governed by a Fee Agreement signed by both parties.
3. Right to Seek Advice of Other Counsel: Client is advised of the right to seek the advice and professional services of other counsel with respect to those services in Paragraph 2 detailing the scope of representation.
4. Attorney of Record: It is the intention of Attorney and Client that Attorney shall only perform those services specifically requested of Attorney. The parties agree that this representation does not require the Attorney to become the Attorney of Record for the Client in any matter, except if specified by agreement the Attorney may submit notification to appear in court on behalf of the client.
5. Client Case: Client grants Attorney permission to record any conversations in order to efficiently capture case details.
6. Method of Payment for Services:
a. Hourly Fee: Except for predetermined fixed fee consultations, the reduced rate charged by the Attorney for services under this agreement will be $250 per hour. The hourly fees shall be payable at or before the time of service. Attorneys will charge in increments of one-tenth of an hour, rounded off for each to one-tenth of an hour per activity. Other fees include: paralegal/asst. $25.00/hour, fax $2.50, copy .20/page, courier $5.00, handling $3.00 + postage, bank fee/penalties, misc. client expenses, generate and open file $15, $10 document retention fee, fines, sanctions, high tech research surcharge $25.00/hr., incidentals cost +25% administration, unrelated court time, travel, (-25%), overnight (-75%), rush i.e. 1 mo. (+25%), urgency i.e. 2 wks. (+50%) surcharges, late payment or other interest: 1.5%/mo. 30+ day overdue balance, collection fees, etc.
b. Payment: For other services client will pay Attorney an evergreen retainer/advance/deposit, to be received by Attorney before initial work begins. Attorney will deposit this amount in Attorney’s trust account. The evergreen retainer fee serves as and will be maintained as a balance on account. Ongoing billing for services will be generated monthly or more frequently as needed and will be due upon receipt. Client Authorizes Attorney to withdraw the principal from the trust account in the event of late payment or at the termination of services and case closing activities under this Agreement if needed to pay Attorney’s fees, case closing and other costs. Upon case closure, the remaining balance of the deposit/retainer if any, will be refunded to the Client. Any interest earned from the deposit account will be paid to the Massachusetts IOLTA Committee as required by the SJC to fund legal services for indigent persons.
c. Costs: Costs payable to third parties in connection with Client’s case including filing fees, investigation fees, deposition and other fees shall be paid directly by Client. Attorney will not advance fees to third parties on Client’s behalf.
d. Client acknowledges that Attorney has agreed to provide services only to the extent those services have been paid in advance. If the Client wants more work from the Attorney, s/he must pay for that time in advance.
7. Discharge of Attorney: Client may discharge Attorney at any time by written notice effective when received by Attorney. Attorney will complete required case closing activities if any. No further services will be provided unless specifically agreed to by Attorney and Client. Notwithstanding the discharge, Client will remain obligated to pay Attorney at the agreed rate for all services provided prior to final discharge and/or closing the case.
8. Withdrawal of Attorney: Attorney may withdraw at any time as permitted under the Massachusetts Rules of Professional Conduct. The circumstances under which the Rules permit such withdrawal include but are not limited to:
a. Client consent,
b. Client’s conduct renders it unreasonably difficult for Attorney to carry out the employment effectively, or
c. Later discoveries or disclosed facts negatively change the nature of representation.
d. Client fails to pay Attorney’s fees or costs as required by his or her agreement with Attorney.
e. Notwithstanding Attorney’s withdrawal, Client will remain obligated to pay Attorney at the agreed rate for all services provided. At the termination of services under this Agreement, Attorney will on request promptly release to Client all of Client’s papers and property.
9. Disclaimer of Guarantee: Although Attorney may offer an opinion about possible results regarding the subject matter of this Agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attorney has made no promises about the effort or outcome and that any opinion offered by Attorney in the future will not constitute a guarantee.
10. Resolving Disputes between Client and Attorney:
a. Notice and Negotiation: If any dispute between Attorney and Client regarding the payment of fees for Attorney’s professional services rendered to or for Client arises under this Agreement or any other disagreement, regardless of the nature of the facts or legal theories involved, both Attorney and Client agree to meet and confer within ten (10) days of written notice by either Attorney or Client that the dispute exists. The purpose of this meeting and conference will be to negotiate a solution short of further dispute resolution proceedings.
b. Mediation: If the dispute is not resolved through negotiation, Attorney and Client will attempt to agree on a neutral mediator whose role will be to further facilitate negotiations. If the Attorney and Client cannot agree on a neutral mediator, they will request that the Massachusetts Bar Association, American Arbitration Association, or similar organization select a mediator. The mediation shall occur within fifteen (15) days after the mediator is selected. The Attorney and Client shall share the costs of the mediation, provided that the payment of costs and any attorney’s fee may be mediated.
c. Litigation: Should it be necessary to institute legal action for the enforcement of this Agreement, the prevailing party shall be entitled to receive court costs and reasonable attorney fees incurred in such action from the other party.
d. Limit of liability: In no case will liability exceed the amount of the Attorney fee(s).
11. Entire Agreement: This Agreement is the complete Agreement between Attorney and Client. If Attorney and Client decide to amend this agreement in any way, the amendment must be in writing, signed by both parties and attached to this Agreement.
12. Severability in Event of Partial Invalidity: If any provision of this Agreement for any reason, in whole or in part is held to be unenforceable, the remainder of that provision and of the entire Agreement will be severable and remain in full effect.
13. Effective Date of Agreement: The effective date of this Agreement will be the date when, having been executed by Client, one copy of the Agreement is received by Attorney and Attorney receives the deposit required by Paragraph 5b above. Once effective, this Agreement will also apply to services provided for this matter by Attorney, prior to the effective date.
14. Prerequisite to and electing to make payment, client has carefully read this Agreement, understands and agrees to all its provisions.