Probation Compliance Terms

ZAVIEHLAW FEE AGREEMENT

PROBATION COMPLIANCE

 

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 assist in completing Client’s probation with the State Bar of California following imposition of discipline by the California Supreme Court due to Client’s conduct.  Client shall provide details of the underlying State Bar Court matter to Attorney at the time of retention.  If Attorney determines following receipt of these details that Attorney may not, for any reason, proceed with the representation, Attorney shall promptly notify Client of this determination and refund the fee paid by Client.  Attorney will provide those legal services reasonably required to assist Client in complying with conditions of Client’s probation with the State Bar of California.  Attorney’s services do not include representation before the State Bar of California or its Office of Probation, but rather encompass an associated counsel position supporting Client’s self-representation.  If Client fails to comply with the terms of probation and Client’s matter is referred to the State Bar Court for a probation violation, Attorney is not obligated to provide legal services in Client’s defense at the State Bar Court under the terms of this Agreement.  Separate arrangements must be agreed to for those services and services in any matter not described above.

 

  1. CLIENT’S AND ATTORNEY’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.  To the extent that Attorney is aware of information related to the matter which is not simultaneously communicated to Attorney and Client, Attorney will take reasonable steps to keep Client informed of progress.  Attorney will further take reasonable steps to respond to Client’s inquiries.

 

  1. FEE.  Client agrees to pay Attorney a flat fee of $800.00 for a 12 month period of assistance with all conditions of probation.  This fee is due upon purchase of the one-year term of services.  The fee will be held in Attorney’s trust account until the first report is completed for Client’s submission to the Office of Probation.  At that time, the parties agree that the fee has been earned by Attorney and may be withdrawn from trust.

 

  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. DISCHARGE AND WITHDRAWAL.  Client may discharge Attorney at any time.  Attorney may withdraw with Client’s consent or for good cause.  Good cause includes Client’s breach of this Agreement, lack of communication from Client for more than 7 days during which time Attorney has actively sought to reach Client via more than one means (such as email and telephone), refusal to cooperate or to follow Attorney’s advice on a material matter or any fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.  When Attorney’s services conclude, all unpaid charges will immediately become due and payable.  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 the matter.  Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of the 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.