STANDARD TERMS FOR USE OF WEBSITE
AND
STANDARD TERMS OF ENGAGEMENT FOR LEGAL SERVICES
(collectively, the “Standard Terms”)
Legal Representation
Together with these Standard Terms or shortly after you indicate your agreement to these Standard Terms by clicking “I Agree” below, you will receive a brief engagement letter (“Engagement Letter”) which specifically defines the scope of legal services to be performed and the proposed fee structure. Upon your acceptance of these Standard Terms and the Engagement Letter, an attorney/client relationship is created for the limited legal service specifically defined and agreed to in the Engagement Letter, and will be deemed to be concluded at the conclusion of the agreed to services unless further representation is expressly requested and agreed to by both parties.
Upon your acceptance of the Engagement Letter and these Standard Terms, all communications with you will remain confidential. If we believe that we may have a conflict of interest, we may decline to give you advice and will refund your payment if you have already paid, and terminate the attorney/client relationship, or in the alternative, if possible and appropriate given the circumstances, obtain a conflict waiver in writing from all parties after full disclosure of the possible consequences of the representation.
By clicking on the box which indicates you agree to the terms and conditions of these Standard Terms, you, the client will be deemed to have read these Standard Terms and deemed to have provided your informed consent in writing to Jill Eshman Law for the limited scope of legal representation in accordance with Rule 1.2(c) of the Idaho Rules of Professional Conduct.
Use of www.jeshmanlaw.com Website and Client Login
The Client Login area of www.jeshmanlaw.com is provided to clients for convenience in managing their legal matters being handled by Jill Eshman Law. The Client Login area allows you to safely and securely share information and collaborate on documents and projects with Jill Eshman Law. It also provides a secure, quick, easy and convenient manner to pay your legal invoices via PayPal or by credit card. Should the engagement of Jill Eshman Law be terminated by either you or Jill Eshman Law, the Client Login availability will also be terminated. Any unauthorized use of the www.jeshmanlaw.com website will result in revocation of privileges and access to the Client Login area.
Standard Terms of Engagement for Legal Services
This statement sets forth the standard terms of my engagement as your lawyer. Unless modified in writing by mutual agreement, these terms will be an integral part of my agreement with you. Therefore, I ask that you review this statement carefully and contact me promptly if you have any questions. I suggest that you retain this statement in your files.
The Scope of My Work
You should have a clear understanding of the legal services I will provide. I will at all times act on your behalf to the best of my ability. Any expressions on my part concerning the outcome of your legal matters are expressions of my best professional judgment, but are not guarantees. Such opinions are necessarily limited by my knowledge of the facts and are based on the state of the law at the time they are expressed. I agree to competently and diligently represent you in this matter. However, you acknowledge that I have given no assurances regarding the outcome of this matter.
Costs and Expenses
The bills will include charges for various costs and expenses incurred on your behalf. Costs are matters incurred in-house. Expenses are incurred through invoices from a third party. Typical expense items include, but are not limited to: courier or messenger services, travel expenses, research charges, process fees, title insurance, filing and recordation fees, charges made by outside experts and consultants, including accountants, appraisers, and other legal counsel. Typical cost items include, but are not limited to: photocopies, long distance telephone charges, facsimile transmissions, word processing, postage, overtime and clerical or secretarial assistance. However, please know that there is no charge for routine photocopying, mailing charges or telephone costs.
Outside costs will only be incurred as agents for clients. All such costs are the responsibility of the client and are to be paid on a regular basis. Every effort will be made to keep these costs to a minimum. Except as set forth above, whenever costs are incurred, they will be itemized as charges and billed to you. Expenses will be passed through to you at actual cost. Whenever practical, a major expense or cost item will not be committed to without first discussing it with you.
Billing
Bills are generally generated on a monthly basis. All Jill Eshman Law invoices will be sent via email near the beginning each month and are due and payable upon receipt. Any billing invoices outstanding after the 30th day of each month are considered past-due and the unpaid balance will accrue interest at the rate of two percent (2%) per month. Prompt payment is appreciated as the delay in payment increases the time and expense in administration of the account. Due to this increase in time and expense, in addition to the accrual of interest, a late payment fee of $150 will be assessed on all invoices outstanding after the thirtieth (30th) day of the month following the invoice.
If no previous arrangements are made, once bills are ninety (90) days past-due, they will be sent to collections.
If appropriate for your matter, a flat fee and/or a combination of a flat fee and hourly rate, will be quoted and agreed to prior to commencement of legal services; otherwise legal services will be provided at the then stated hourly rate. All of the rates, including attorney rates, assistant rates, and interest rates and late fees, are adjusted annually and the annual adjustment will apply to this engagement.
Retainer
Unless other arrangements are made in advance, you will be expected to pay a retainer at the beginning of the work. The retainer amount will be held in the firm’s Retainer Fund account until such time as fees or costs are properly incurred pursuant to this Engagement Letter. Monthly fees will be billed to you, and will not be charged against the Retainer Fund. Therefore, payment of a retainer does not relieve you of the obligation to make prompt payment of invoices. Upon termination of my representation of you, you are entitled to a full refund of your retainer, less any unpaid fees and costs properly incurred under this Engagement Letter.
The firm will maintain an accurate accounting of all funds placed into and paid out of the Retainer Fund. The balance of your retainer will be reflected in each billing statement to you. As we do not collect interest of retainers, you will not receive any interest on amounts deposited as a retainer. Interest earned on funds maintained in the Retainer Fund is contributed to charitable purposes in accordance with the Interest on Lawyer Trust Accounts (“IOLTA”) program of the Idaho State Bar.
The amounts in the Retainer Fund or deposited into the Retainer Fund in the future remain at all time subject to a lien for any unpaid fees and costs incurred under the Engagement Letter. This is a lien perfected by possession of the funds. Unpaid fees and costs under this Engagement Letter include any fees, costs or expenses incurred on any matter covered by the Engagement letter, and even include such fees and costs from the moment such work is done or cost or expense incurred, not simply from the time the same is actually received.
The establishment of a Retainer Fund does not constitute either an estimate of or a cap on total fees and costs. The fact that funds in the Retainer Fund are available or have been used to pay fees and costs incurred does not impair your right to dispute any fee or cost. The firm will reimburse the Retainer Fund or you for an amount determined not to have been properly charged.
If the scope of this matter expands significantly over that which is contemplated as of the date of this letter, then an increase in the amount of the retainer may be required.
Estimates
I am often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Whenever possible, I will furnish such an estimate based upon my profession judgment, but always with a clear understanding that it is not a maximum or fixed-fee quotation. The ultimate cost frequently is more or less than the amount estimated.
General Responsibilities
You are asked to cooperate fully and candidly with respect to this matter. You agree to provide all information known by or available to you that may aid in representing you in this matter. In the event that you perceive any actual or possible disagreement in the handling of the matter, you agree to promptly and honestly discuss the problem with me. I agree to keep you informed as to the status of the matter and as to the course of action that is being followed or is being recommended. I encourage you to participate in all major decisions involving your matter. Unless otherwise directed by you, copies will be provided of all significant documents sent or received in connection with your matter. All work product will be owned by Jill Eshman Law but may be utilized in whole or in part in other projects by either party to this Engagement Letter.
Conflicts
I represent many other companies and individuals. It is possible that some of the present or future clients of Jill Eshman Law will have disputes with you during this engagement. Therefore, as a condition to our undertaking this engagement, you agree that I 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 your matter, even if the interests of such clients in those other matters are directly adverse to you. Your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as the result of my representation of you, I have obtained sensitive, proprietary or other confidential information that, if known to any such other client, could be used in any such other matter by such client to the material disadvantage of you.
Other Attorneys
As a sole practitioner, I sometimes find it to be in the best interest of the client to engage other attorneys to assist in a matter either to expedite the production of work and/or to add expertise in a specialized area of law. In the event that I do engage other attorneys to assist in your matter, the cost and expense incurred in doing so will be passed through to you. I will obtain your consent prior to engaging another attorney on your behalf.
Termination of Representation
I reserve the right to withdraw from the engagement if you fail to honor the Engagement Letter or the Standard Terms of Engagement for any just reason permitted by the Rules of Professional Conduct as adopted by the Idaho Supreme Court. You reserve the right to terminate this engagement without cause. Notification of termination or withdrawal shall be made in writing and shall be effective upon receipt. In the event of such termination or withdrawal, you shall promptly pay all fees, costs and expenses incurred prior to the date of termination or withdrawal. Upon termination or withdrawal of this engagement, I agree to cooperate with any successor counsel to accommodate a smooth and orderly transition of your representation.
Governing Law and Rules of Professional Conduct
The Engagement Letter and Standard Terms of Engagement shall be interpreted and enforced in accordance with the laws of the State of Idaho. The Rules of Professional Conduct as adopted by the Idaho Supreme Court shall govern our services, without regard to where the services are actually performed.
Dispute Arbitration
If you disagree with the amount of the fees charged, please contact me. Typically such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. In the event of a fee dispute that is not readily resolved, you have the right to request arbitration under the supervision of the Idaho State Bar Association.
Commencement of Representation
Except as otherwise provided in this paragraph, the representation of you in this matter will not commence until I receive a copy of the Engagement Letter signed by you. If you request that legal services be provided before the signed copy of this letter is received, then all such services shall be deemed to be requested and provided pursuant to the terms of this letter. The offer to perform legal services shall be deemed withdrawn if the Engagement Letter is not signed by you and returned in ten (10) days.
Compensation for Testimony Regarding Competency.
As a condition of my agreeing to represent you in planning your estate, you agree that I will be compensated at my professional hourly rate for any deposition testimony, conferences with other counsel, trial testimony and/or any other services or activities incident to any challenge to your capacity or to the validity of the documents. You are responsible for any reasonable attorneys fees and/or costs in connection with the collection of any fees and/or costs for my services as set forth in this paragraph, including but not limited to filing or defending a claim in probate or trust administration pursuant to this agreement.
Retention of Files
You are responsible for maintaining your own copy of documents forwarded to you. I will endeavor, subject to casualties beyond my control, to retain and maintain the major and significant components of the files relative to this matter for a period of at least three (3) years following the conclusion of the matter.
Subsequent Matters
In the event that you engage Jill Eshman Law to handle subsequent matters, then unless otherwise agreed in writing between us, those subsequent matters shall be governed by the terms and conditions of this Engagement letter.
Integration
These Standard Terms of Engagement and the accompanying Engagement Letter contain the entire agreement regarding this matter and the fees, costs and expenses relative to the matter. The Standard Terms of Engagement and the letter shall not be modified except by a written agreement signed by both parties. The Standard Terms of Engagement and the letter shall be binding upon you and Jill Eshman Law and the respective heirs, executors, legal representatives and successors of each party.
Privacy Policy
Attorneys, like other professionals who advise on personal finance matters, are now required by federal law to inform their clients of their policies regarding the privacy of client information. Attorneys have been, and continue to be bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore, we have always protected our clients’ right to privacy.
In the course of providing our clients with legal advice, we sometimes receive significant personal financial information from our clients. If you are a client of Jill Eshman Law, all information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as required under applicable law.
We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards.
We store our client file documents electronically offsite with a company called “NetDocuments.” All documents are fully encrypted while in transit using secured SSL (secured socket layer). NetDocuments delivers its SaaS (“Software as a Service”) content management service and its web site in accordance the rigorous standards and audits of SAS 70 Type II and Trust EU Safe Harbor Certifications. It has two data centers, one on the east coast managed by LexisNexis and one on the west coast managed by a federally regulated commercial bank. For more information relating to security and NetDocuments please see: http://www.netdocuments.com/pdfs/WhitePaper-Security.pdf.
In addition, our practice management system, which is our client relationship and matter management system, is also maintained on a cloud based (offsite) electronic program called Clio. Clio employs state-of-the-art, bank-grade security to ensure your sensitive data stays secure.
In addition, while we work predominantly on secure network connections, there may be times, for example when I am traveling, that a public wireless connection may be used. I have employed local security features on my laptop including operating system firewalls, antivirus software, and secure username and password combinations to reduce possible risks attendant to the use of public wireless connection, including the potential disclosure of confidential information and possible waiver of attorney-client privilege or work product protections.
Should you have any concerns regarding the foregoing, please let us know. Otherwise, your consent to the engagement of Jill Eshman Law will be deemed consent to the privacy policy set forth above, including without limitation, the acknowledgement and consent to the storage of client information and documents offsite with the companies described above.
I have read, understand, and agree to be bound by the above, and I authorize Jill Eshman Law to provide me with legal advice and legal services, based upon these terms and conditions.
