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.