March 30, 2017

On Call Ethics Terms

On Call Ethics Terms

ZAVIEHLAW FEE AGREEMENT

SUBSCRIPTION-BASED ETHICS CONSULTATION

 

MEGAN ZAVIEH (“Attorney”) and Client (hereinafter “you” or “Client”) hereby agree that Attorney will provide legal services to Client on the terms set forth below.

 

  1. CONDITIONS.  This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until Client agrees to these terms either electronically or in writing and pays the fee required herein.

 

  1. SCOPE OF SERVICES.  Client hires Attorney to provide ethics consulting on an ongoing basis on general issues of legal ethics.  Client shall have access to Attorney via text, email and phone during the subscription period, and for any issues raised with Attorney during this time, Client shall receive a response from Attorney within twelve hours Monday through Friday.  (Issues raised by Client during weekend and holiday periods shall be responded to within thirty-six hours.)  Client may utilize the ethics consultation to seek advice related to any matter other than an ongoing disciplinary investigation or an issue which is the primary subject of ongoing litigation.

 

Attorney’s services do not include representation of Client before any entity, agency or tribunal.  Attorney’s services are limited to advising and consulting with Client.  If a court action or disciplinary matter is initiated, Attorney shall not be obligated to provide legal services with respect to any such action; separate arrangements must be agreed to for those services and any other services not described herein.

 

Attorney’s services are recorded on an hourly basis for all subscriptions.  For the standard level of subscription, the flat rate paid is for a maximum of the number of hours purchased by Client; if Client does not utilize the maximum number of hours in any given month, those hours are forfeited and not carried over to the following month, and no refund shall be issued.

 

  1. CLIENT’S DUTIES.  Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay Attorney’s bills on time, and to keep Attorney advised of Client’s address, telephone number, email address and whereabouts.  Client will provide Attorney with all necessary information and documents required for Attorney to complete the agreed-upon services.

 

  1. FEE.  Client agrees to pay Attorney a monthly subscription fee of $450.00 for a maximum of two hours of Attorney time each calendar month of the subscription, or $750.00 for unlimited Attorney time each calendar month of the subscription, as indicated in the purchase form executed following this Agreement.

 

  1. MEDIATION CLAUSE. If a dispute arises out of or relates to any aspect of this Agreement between Attorney and Client, or the breach thereof, and if the dispute cannot be settled through negotiation, Attorney and Client agree to first try in good faith to settle the dispute by private mediation or fee mediation provided by local bar association programs before resorting to arbitration, litigation, or any other dispute resolution procedure.  The cost of such mediation shall be borne equally by the parties, unless otherwise stipulated in a settlement agreement between the parties.

 

  1. ATTORNEYS’ FEES CLAUSE. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

 

  1. CANCELATION.  Client or Attorney may cancel this Agreement at any time for an reason.  In the event Client cancels subscription, Client shall be liable for the monthly subscription payment for the month of cancelation; in the event Attorney cancels subscription, Attorney shall refund to Client subscription fees paid for any period of time following the cancelation.  After services conclude, Attorney will, upon Client’s request, deliver Client’s file, and property in Attorney’s possession, whether or not Client has paid for all services.

 

  1. DISCLAIMER OF GUARANTEE.  Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of any matter.  Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of any matter are expressions of opinion only.

 

  1. ENTIRE AGREEMENT.  This Agreement contains the entire agreement of the parties.  No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

 

  1. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.  If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

 

  1. MODIFICATION BY SUBSEQUENT AGREEMENT.  This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, or an oral agreement only to the extent that the parties carry it out.

 

  1. EFFECTIVE DATE. This Agreement will govern all legal services performed by Attorney on behalf of Client commencing with the date Attorney first performed services..  The date at the beginning of this Agreement is for reference only.  Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client.

 

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES AS PROVIDED ABOVE.