PAYMENT: An invoice will be sent to you when I receive an electronic copy of this signed agreement from you. One-half (50%) of the fee is due upon receipt of the invoice with the remaining balance due upon execution of your estate plan documents.
SCOPE AND SERVICES (the “Matter”): The fee is for the analysis and planning for preservation and orderly management of assets and investments, estate tax considerations and preparation and execution of the following documents: Revocable and/or Irrevocable Living Trust(s); Will(s); Personal Property Memorandum(s); Durable Power(s) of Attorney; Health Care Proxy(ies); Trustees Affidavit; Asset Transfer Documents; and Real Estate Transfer Documents.
I will provide you with unlimited time (within reason) for consultation throughout the planning process to review and explain the plan and to address any other issues you may have with your estate plan and the process. I will also advise and assist you with the proper funding of your trust.
If you seek to have additional work performed by me, outside of the scope of this Agreement, my billable hourly rate is $400.00 per hour, which would first require a new agreement between us.
JOINT REPRESENTATION: I will represent both of you in this Matter. Principles of legal ethics permit joint representation of more than one client in the same Matter, but only under circumstances of full disclosure and agreement by all involved, and only upon my conclusion that joint representation will not adversely affect my relationship with each of you. In accepting this Matter, I have concluded that your interests and objectives are sufficiently similar to make joint representation appropriate. However, each of you also must remain confident that no real or perceived conflict of interest is created by joint representation. While my duty of confidentiality extends to both of you, so does my duty of loyalty. Therefore, if either of you requests that some information material to my representation be kept from the other, then I must and will withdraw from representation of both of you. In addition, if either of you, or if I, independently conclude that a conflict does or may come to exist, all parties acknowledge that I must, and will, withdraw from representation. Should such situation arise, you should notify me promptly and in writing, if possible.
COOPERATION: You agree to cooperate fully with me in all matters during the term of this agreement, including providing me with all relevant information necessary to pursue the work described above. In the event you do not fully cooperate with me, I reserve the right to withdraw from representation of you after thirty days' written notice to you and in accordance with the applicable Rules of the Court.
CONFIDENTIALITY: I agree to hold all communications and information provided by you in total confidence, except as authorized and directed by you. I will, upon your direction, communicate with members of your family or others regarding this Matter.
TERMINATION: Either of us may terminate this contract at any time by notifying the other party in writing. In the event my representation is terminated by you, you agree that you will be responsible for any and all charges incurred in connection with my representation of you up to the date of said termination, including any costs necessary to properly transfer your files and information to a new attorney or representative. If I elect to withdraw, you will take all steps necessary to free me of any obligation to perform future services, including the execution of any documents necessary to complete my withdrawal.
“CLOUD COMPUTING” AND YOUR CONFIDENTIAL INFORMATION: You understand that I may use “Cloud Computing” services to, among other things, store confidential information. Cloud Computing is Internet-based computing in which groups of remote servers are networked so as to allow sharing of data-processing tasks, centralized data storage, and online access to computer services or resources. You understand that I am informing you of this as it appears to be required by state Bar Ethics that you be informed of this and I need your express permission to utilize Cloud Computing for these purposes. You further understand that I remain bound by ethical standards to use reasonable care in selecting a secure Cloud Computing provider. By signing this Agreement, you are giving me permission to use Cloud Computing.
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