The following provisions are an integral part of the Firm’s engagement. You should therefore retain a copy of these standard terms with the attached Welcome Letter.
Scope of Work
These terms, along with the agreed-upon engagement provided to you by the Firm, describes the services the Firm has agreed to provide. Firm attorneys will act on your behalf to the best of their ability. Any expressions on their part concerning the outcome of your legal matters are expressions of their best professional judgment, but are not guarantees. All opinions provided are necessarily limited by their knowledge of the facts and are based on the state of the law at the time they are expressed.
Firm Client / Attorney-Client Relationship
The Firm’s client is the person or entity that is identified in the engagement letter and does not include any affiliates of such person or entity unless the Firm’s Managing Partner has specifically agreed to such representation. The attorney-client relationship will be considered terminated upon completion of the services that you have retained the Firm to perform. After completion of this engagement, changes may occur in applicable laws and regulations that could affect your rights and liabilities. Please understand that the Firm has no continuing obligation to give advice with respect to any future legal developments that may pertain to this matter. If you later retain the Firm to perform additional services, our attorney-client relationship will be renewed subject to the terms of engagement, as agreed to at that time.
Communications and Confidentiality
Please note that the Firm has found email to be an efficient, reasonably private means of communication; however, it is not a perfectly secure medium. Unless you specifically direct us otherwise, the Firm will use unencrypted email to communicate with you and to send documents that we have prepared or reviewed related to this engagement. Additionally, as a matter of professional responsibility, attorneys are generally 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. Accordingly, we trust that our attorney-client relationship will be based on mutual confidence and unrestricted communication that will facilitate our proper representation of you.
Conflicts of Interest
The Firm has undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest with other clients that would prevent the Firm from representing you in this matter. Based on the information available, the Firm is not aware of any conflicts that would disqualify the Firm from representing you.
Fees for Services
This engagement letter sets forth our agreement regarding fees for the services. Firm attorneys will keep accurate records of all time devoted to your matter, including communications, negotiations, preparation of written correspondence, factual and legal investigation, research and analysis, document preparation and revision, travel on your behalf, and other related matters. You agree that all fixed fee payments, including any partial payments, are earned by the Firm when paid and will not be held in the Firm’s trust account. If the Firm bills you at an hourly rate, time is recorded in quarter-hour increments. Hourly rates are adjusted periodically. The Firm also charges for the reasonable value of any reused work product completed for other clients, such as contracts and research.
Current Hourly Rates (effective 1/7/25):
| Service | Hourly Rate* |
| Proactive | $350-$400 |
| Same Day* | $500 – $600 |
| Adversarial | $450 |
- Proactive – Work requested or required to be started:
- after one week (6 or more business days): $350 per hour
- within one week (2-5 business days): $400 per hour
- Same Day – Work requested or required to be started on the same day, within 24 hours, a holiday, or a weekend. For Same Day services for the Firm’s attorneys, the rate will be $500/hr; however, for Same Day services requested for Mimi’s support, the rate will be $600/hr.
- Adversarial – Any work involving investigations, government audits, opposing counsel, negotiating settlements and/or restrictive covenant agreement terms, cease and desist letters, administrative charges, litigation support (unless Same Day applies).
*Non-profit organizations receive $100 off all hourly rates (This discount does not apply to Catapult or CURI members).
NOTE: the Firm reviews and updates its rates from time-to-time – typically every 2-3 years.
Expenses
The Firm may incur certain costs on behalf of clients such as postage, photocopying, travel expenses (e.g., hotel, mileage, transportation, meal expenses, and filing, recording and certification of documents. Your statement will include an accurate itemization of these costs, if applicable.
Billing Arrangements and Terms of Payment
The Firm’s statements are due upon receipt. Following your receipt of a statement please let the Firm’s Managing Attorney – Operations know immediately if you have any questions. Please note that, in the event that the Firm does not receive any communication from you regarding a statement within 30 days following your receipt of such statement, the Firm will be entitled to assume that you have agreed with the amount and will pay the same. Any statement which is not paid within 30 days of its date will be considered past due and the Firm reserves the right to charge interest at the rate of 1½% per month until paid. In addition, we expressly reserve our right to withdraw from and terminate this representation if you fail to pay any bill. Finally, in the unlikely event that the Firm is required to institute legal proceedings to collect its fees and costs, you agree that the Firm will be entitled to reasonable attorneys’ fees not to exceed 15% of the unpaid balance, and other costs of collection, if the Firm prevails in such action.
Termination of Engagement
You may terminate the Firm’s representation at any time by notifying the Firm’s Managing Partner in writing, including via email. Your termination of the Firm’s services will not affect your responsibility to pay the Firm for legal services rendered and expenses incurred before termination and in connection with an orderly transition of the matter, if applicable. The Firm’s right to terminate representation is subject to the limitations and obligations imposed by the relevant court rules and the Rules of Professional Conduct, if applicable. You should be aware that several types of conduct or circumstances might permit or require the Firm to withdraw from representing you such as nonpayment of fees or costs, misrepresentation or failure to disclose material facts, action contrary to the Firm’s advice, and conflicts of interest with another client. If withdrawal ever occurs, the Firm will promptly provide you with written notice, including via email.
Document Retention
At the conclusion of each engagement, the Firm will return to you any documents that you specifically request be returned; however, you agree that the Firm may retain copies of all documents for its records.