Engagement Terms & Conditions

Legal Services & Representation

Lamar Legal PLLC is a law firm based in Hollywood, Florida. As we provide legal services and counsel, we may, at your request, offer various suggestions or recommendations designed to help achieve your legal goals. However, it is important that you understand the nature and scope of our services and that you do not rely on us for guidance outside of that scope, such as certain business, technical, tax or investment advice, unless we agree otherwise in writing.

Practice of Law Limitations and Consulting. Law Firm is authorized to practice law in limited jurisdictions. Firm and Firm Attorneys are licensed to practice law in the State of Florida. Additionally, Firm and Firm Attorneys are licensed to provide legal services and consulting on U.S. Federal Law; U.S. Intellectual Property Law (including Trademark and Copyright Law); and General Business Contracts & Legal Consulting matters which do not rely on State Law. Any services provided by Firm to clients outside of the Jurisdictions above, shall never constitute legal advice relying on law outside of the jurisdictions in which the attorney is licensed to practice. Client shall consult with its legal, tax or other advisors licensed in the applicable jurisdiction for such services. CONSULTING SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY IN THE APPROPRIATE JURISDICTION.

Additional Terms. Client expressly acknowledges and agrees to be bound by all terms found herein in addition to the terms and conditions of the following: (i) any executed Engagement Agreement; (ii) Service Proposal attached to Engagement; (iii) Website Terms of Use; (iv) Website Privacy Policy. These additional terms are incorporated into these Terms of Engagement by reference as if fully set forth herein (collectively, the “Terms”). Law Firm retains the right to update the Terms from time to time.

Precedence of Terms. If there is any inconsistency or ambiguity between the Schedule A: Scope of Legal Services, the Engagement Agreement, the Engagement Terms and Conditions, and the Website Terms of Use, the precedence shall be as follows: (1) the applicable Schedule A: Scope of Legal Services; (2) the Engagement Agreement; (3) the Engagement Terms and Conditions; and (4) the Website Terms of Use.

Scope of Services. Additional Services. The Scope of Services to be provided by Law Firm to Clients will be set forth in the Engagement Agreement, and any attached service proposal. Client understands that the nature of their matter may require additional services and representation that goes beyond the Scope of Services. Additional services requested by the Client may be subject to the terms additional terms and conditions. New engagement agreements may not be required for existing clients, and the Parties may use a less formal written communication to mutually agree to additional work to be performed, and that are subject to these terms. New matters can be requested, accepted, and memorialized using any reasonable means including, but not limited to, an engagement email, or Client payment of an invoice for additional services.

Additional Terms; Precedence. Client Practice of Law Limitations. Law Firm is authorized to practice law in limited jurisdictions. Firm and Firm Attorneys are licensed to practice law in the State of Florida. Firm and Firm Attorneys are authorized to provide legal services and consulting on U.S. Federal Law; U.S. Intellectual Property Law (including Trademark and Copyright Law); and General Business Contracts & Legal Consulting matters which do not rely on State Law. LAMAR LEGAL PLLC cannot, and will not, give any opinions as a matter of law for documents which rely on law in a jurisdiction for which Law Firm attorneys are not licensed to practice. Any services provided by Firm to clients outside of the jurisdictions above, shall never constitute legal advice relying on law outside of the jurisdictions in which the attorney is licensed to practice. Client shall consult with its legal, tax or other advisors licensed in the applicable jurisdiction for such services. The scope of representation does not include advice or services regarding accounting, tax, personal financial matters, business management, or related non legal matters and/or advice.

Excluded Persons. If Client is a business entity, the Law Firm represents the business entity and does not represent any of the businesses executive officers, owners, employees, or any other agents of the Client’s company in their personal capacities without a separate engagement agreement, and conflict waiver being signed by the Parties. By approving and consenting to this Engagement Agreement on behalf of a business entity as Client, the individual signor acknowledges and agrees that they are not being represented in their personal capacity and that if their interests should become adverse to the business that the Law Firm shall at all times owe duties to the business entity and not the individual signors.
Authority to Enter Agreement. If you are entering into this Engagement Agreement or any other agreement on behalf of a company or other legal entity, you hereby represent that you have the legal authority to bind such entity to these Terms. If Law Firm finds that you did not have authority to bind the entity for which you represented, you will be held personally responsible for the obligations in this Engagement Agreement and all Terms incorporated herein. Law Firm is not liable for any loss or damage resulting from reliance on any instruction, notice, document or communication, reasonably believed by Law Firm to be genuine and originating from an authorized representative of the company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Law Firm may, but is not obliged to, require additional authentication from you.

Conflicts of Interests. If Law Firm, or Law Firms attorneys determines that they represent another client whose interests conflict, or are likely to conflict, with Clients interests, Attorney reserves the right to terminate this Engagement Agreement, while protecting the confidentiality of any privileged information that Client has provided to Attorney. Client is informed that Attorney may be representing other entities engaging in similar business.

Service Specific Terms & Conditions

Scheduled Consultations & Strategy Sessions

All Consultations & Strategy Sessions must be scheduled by Client and accepted by Law Firm in advance. Clients are responsible for completing all required task, and providing any required documentation, prior to the scheduled appointment time and by any deadline communicated. There are no cancellations allowed for paid Strategy Sessions and/or Consultations. Client can reschedule a Consultation/Strategy Session one (1) time before forfeiting the entire paid service fee. Payment must be received prior to scheduling a paid Strategy Session and/or Consultation.

Business Formation Services

The Law Firm does not provide tax advice, or accounting services concerning business entity selection, structuring and/or formation, beyond general information. Therefore, Client shall consult with their trusted tax advisers, about this matter and have them contact the Law Firm to coordinate services.

Trademark, Copyright & Intellectual Property Services

Trademark, Copyright and Patent Submitted Material. As part of an order for certain trademark, copyright and patent products, I may be required to submit to Lamar Legal – such as specimens, drawings, or copies of my work – in order for it to complete my order and submit my documents to the relevant government office. Furthermore, I understand that while it may retain digital copies of my submission, Lamar Legal does not retain physical copies of my submissions and will not return those materials to me. All physical materials that Lamar Legal does not submit to government offices as part of my application will be securely destroyed.

Authority to File Trademark, Copyright and Patent Applications
Trademark and Patent. If engaged in services that Trademark, Copyright and or Patent Application, I give Lamar Legal PLLC the express authority to file my application with the USPTO. Lamar Legal PLLC may send me material to review or contact me for information regarding my order. In either case, if I do not respond to Lamar Legal PLLC within seven (7) days, it may file my application to avoid filing delays. I understand that I may be contacted by the USPTO for other information after my application has been filed. Lamar Legal PLLC may authorize the USPTO, on my behalf, to contact me at the email address I have provided in my order, I agree to submit documents, and communications electronically using the USPTO TEEAS system. I understand that if I fail to comply with these requirements, the USPTO may charge an additional $125 processing fee per class and that Lamar Legal PLLC will not pay it on my behalf.

Copyright. By placing an order, I give Lamar Legal the express authority to fie my application with the U.S. Copyright Office. After placing my order, Lamar Legal may send me material to review or contact me for information regarding my order. In other case, if I do not respond to Lamar Legal within sixty (60) days, it may file my application to avoid filing delays. I understand that I may be contacted by the U.S. Copyright Office for other information after my application has been filed.

Trademark Search. Without limitation Lamar Legal accepts no responsibility or liability for any impact that any inactive application or registration, or common law use, may have on your registration or trademark. Lamar Legal strives to provide customers with the most thorough and up to date search results through the best available technology and trained search specialists. Accordingly, I understand that it takes all reasonable steps to ensure that the accuracy and completeness of searches is the best possible using its resources, including existing databases and personnel. For all due diligence purposes trademark customers should thoroughly examine the search report and review to ensure that they are satisfactory and accurate before making any decision regarding their trademark(s).

U.S. Federal Trademark Application. Scope of services to be provided by the Firm to Client for this service may include: Completion of a comprehensive federal, state and common law trademark search; drafting a letter based on the search results; consultation time of up to thirty (30) minutes regarding the search results; preparation and filing of Client’s trademark application; tracking Client’s trademark application once filed; and responding to Office Actions issued by the USPTO which require twenty (20) minutes of time or less to answer. Government filing fees are in addition to any Service Fees. The Service Fee is considered earned upon receipt, and is owed by Client to Firm regardless of the whether a Trademark is actually issued after filing. Client understands this is an application process which could result in a denial of the Client’s trademark(s).

Signatures. Client agrees to sign the trademark application attesting to the veracity of the content and the use of the mark in commerce, or bona fide intent to do so, as alleged by the Client. Alternatively, at your attorney’s option, your attorney may sign the trademark application on behalf of the Client. In such case, the Client shall defend, indemnify and hold harmless the Client’s attorney from any harm resulting from any statements made by the Client in the application which are false.

Excluded Services: Unless otherwise provided for in the Service Proposal or Scope of Services provided herein, the following work is excluded from Trademark Search and Application Services: (a) Work required to proceed with an application where the attorney believes there is a conflict; (b) Work on Office Action issues; (c) work on appeals for notices of suspension subsequent to the filing of your trademark application; (d) Representation for responses to third-party objections fo any kind; (e) Intellectual property litigation, cease & desist demands, claims of infringement, including if the attorney is called upon to perform additional services such as the subject of a deposition regarding the trademark applied for under this agreement; (f) The filing of any trademark application where the required specimen or other material is not received by the Firm; (g) Monitoring of marks; and (h) Any other service not included as a Limited Service under this Agreement.

No Registration Guarantee. Client understands the Firm does not guarantee the USPTO will allow the mark to register and/or third parties may oppose registration. Client further understands that filing a trademark with the USPTO is an application process which may result ultimately in the denial of the Client’s trademark application.There is absolutely no guarantee that any trademark application filed by your attorney will result in the registration of the proposed mark, or that any search performed will increase the likelihood that the proposed mark will be registered, or that the results will be complete. Trademark examiners at the USPTO each have subjective opinions and these may vary from examiner to examiner.

USPTO Authorizations. Client grants authority and permission for Firm to respond to all non-substantive USPTO Office Actions without prior Client consultation or approval, including, but not limited to, amending the identification of goods and/or services, classification, description of the mark or other issues relating to the depiction of the mark, disclaimers, claims of ownership, changing any contact and/or correspondence information, correcting any grammatical or other errors in form and meaning and/or significance of the mark. Additionally, Client expressly agrees and authorizes the Firm to examine the suitability of the specimens of current use (“Specimens”) submitted by Client to the Firm. Where such Specimens are not sufficient, Client agrees and authorizes the Firm to conduct on-line searches for acceptable substitute Specimens and to file such Specimens with Client’s trademark application without further approval from the Client. The Firm shall exercise its best efforts and discretion to ensure the accuracy and validity of such Specimens submitted to the USPTO. In the event that the Firm requests additional or substitute Specimens and Client fails to provide such Specimens within 72 hours of the Firms initial request. Client agrees and authorizes the Firm to file Clients provided Specimens and/or other Specimens located and deemed acceptable by the Firm. Further, in connection with any Design Mark trademark applications, Client agrees and authorizes the Firm to file the Design Mark application based upon the colors expressly claimed and/or featured on the design Mark submitted by Client. Client expressly acknowledges that it is their responsibility to submit a black and white drawing of the proposed mark in the event Client does not want the Design Mark depicted in color.

Post-Registration Maintenance. Periodic trademark documents, such as Declarations of Continuous Use (filed between 5th and 6th year after registration) and Renewals (filed between the 9th and 10th year after registration), both with associated USPTO government filing fees, are required to keep U.S. trademark registrations in force after registration. If these documents are not filed and fees are not paid, the trademark registration can lapse, and rights can be irretrievably lost. Client acknowledges that once a trademark issues, the Firm is not responsible for the filing of such documents, payment of government filing fees or for notifying Client that such documents and fees are due. Accordingly, the Law Firm strongly recommends that Client note these deadlines (as well as sufficient advance warning of these deadlines) in Client’s own calendar so that Client can timely file the required documents and pay the government filing fees.

Flat Fee Contract Review

Flat Fee Pricing is limited to review of the contract, written analysis, and a twenty (20) minute consultation with the attorney. Additional consultation beyond twenty (20) minutes will be charged incrementally based on Firms, then current, reasonable hourly rate. Other legal representation (related matters: contract drafting, negotiation, court appearance, etc. or unrelated matters) may be obtained at the request of Client, and for an attentional Service Fee as agreed by the parties. Such additional services would be separate and independent from the scope of services related to the flat fee contract review service and will be in accordance with your attorneys applicable fee structure. Flat Fee Contract Review is available for contracts and/or documents that are fourteen (14) pages or less. Contracts and/or documents which are more than fourteen (14) pages will require a custom quote.

Pages. As it relates to flat fee contract review services, a Page means a standard letter-sized paper (8-1/2” x 11) with a minimum 1/2 inch margins, and a font size no less than 11 points. Larger sized paper, smaller margins or fonts, or other configuration of text will require a reasonable adjustment in the stated fees. Please note prices are subjected to increase in the future with prior notice given to Client regarding any changes. For more complex documents and contracts a quote will be provide by Firm as to the fee for the service and Client will not be charged a Flat Fee.

Review Options. You can select Standard or Rush Service. Standard Service: Completion of contract review and written analysis within six – eight (6 – 8) business days from receipt of full payment, fully executed engagement agreement, and a copy of the contract for review. Rush Service: Completion of contract review and written analysis within three – four (3 – 4) business days from receipt of full payment, fully executed engagement agreement, and a copy of the contract(s) for review.

Legal Forms & Contract Downloads.

Legal Forms. If you have purchased a Legal Form from Lamar Legal, the following provisions apply to you:

License. Lamar Legal grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use and edit the legal form(s) you have purchased for your personal use. You may not (I) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, for make derivative works based on, referring to, or exploiting the legal forms or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by Lamar Legal and its licensors.

No Guarantee. Lamar Legal does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only, and should not be relied upon as legal advice.

Correspondence

Our firm will periodically communicate with you through a variety of means, including mail, letter, telephone call, video conference, or in-person meetings. As a general rule these communications will address some aspect of your legal matter, rather than serving as a comprehensive opinion on the matter as a whole. In an effort to keep you fully informed of the progress of your legal matter, we will also periodically transmit to your copies of important documents, which you should keep for reference.

Client Portal. Firm uses Clio, a cloud based practice management software, that allows us to give our Clients secure access to an online client portal. Clients can make payments, communicate with their Attorney via direct message, request additional services, manage and track the progress of the service delivery, and access important documents, contracts and other deliverables. Clients can login to the client portal here: https://app.clio.com/session/new. Clients will receive a notification granting them access to the online client portal after all agreements are signed and payment, if any is completed.

Appointments & Scheduling.All consultations and meetings must be scheduled in advance and are based on availability. Clients can request an appointment by sending a message in the secure portal, sending an email to their attorney, or using our Firms online calendar which can be found here: httsp://lamarlegal.com/appointments/ OR https://lamarlegal.cliogrow.com/book. We have a strict cancellation policy, and Clients are able to reschedule a paid meeting/consultation one (1) time before forfeiting any associated fee(s). Firm may provide additionally rescheduling based on Firms discretion and circumstances surrounding the matter.

Service Fees. Firm’s fees for services will be based on the type of services provided. Our Fees may be a flat fee, a recurring fee, a contingency fee, hourly fee, or any combination thereof (“Service Fee”). Additionally, Client is responsible for paying for all additional fees, expenses and costs, as required by the particular service being delivered. These additional fees may include, but are not limited to: government filing fees, registration fees, and permitting/licensing fees (the “Additional Fees”). The amount of estimated Additional Fees will be requested by the Firm and kept in a trust account during the scope of the services. Any Client funds remaining in the Firms trust account after the completion of the intended scope of services will be refunded to Client by check, and mailed to the most recent address of record.

Flat Fees. Client understands and specifically agrees as it relates to Flat Fees, including Subscription Fees that: (1) Flat Fees are considered the entire payment for the specified work to be performed, unless otherwise indicated and agreed to by the Parties. (2) Flat fees are considered earned by Firm immediately upon payment and will be deposited in Firms business operating account rather than a client trust account. (3) When the Firms representation ends, Client will not be entitled to a refund of any portion of the Flat Fee.

Hourly Fees. If Firm bills Client on an hourly basis, time is billed in increments of one-tenth (0.1) of an hour, about six (6) minutes, at the then current hourly rate. Any work billed at an hourly rate will be provided a monthly billing statement for fees and costs indicating the basis of the fee, a breakdown of the time worked, the billable rates charged, and a description of the work performed.

Fees & Costs

Lamar Legal PLLC charges for professional time expended in handling your legal matter. These charges include, but are not limited to, time used in:
– Conferring with you, whether by telephone, videoconference, or in person
– Consultation regarding your matter with other attorneys in the firm.
– Supervision of other employees working on your legal matter
– Reviewing and drafting correspondence, including email
– Reviewing and drafting pleadings and other documents
– Performing necessary research and investigation
– Conducting depositions or other discovery in your legal matter
– Travel to court or other venues in connection with your legal matter
– Court appearances including waiting in court for your matter to be called.
– Any other time needed to address your legal matter.

Costs

Costs & Expenses Firm may incur various costs and expenses in rendering the services required under this Agreement which, if customary and necessary for the performance of services hereunder, shall be reimbursable by Client. Client agrees to reimburse Firm for these costs and expenses in addition to the fees for services. These expenses may include, but are not limited to: Photocopying, Postage, Out-of-Pocket Expenses, Outsourced Reproduction; Travel Time Mileage; Lodging/Meals; and Subcontractors.

There may be more significant costs associated with our representation in your legal matter, as well. These include fees paid expert witnesses or costs associated with depositions. You will generally be asked to approve these more significant costs in advance; however, you will remain responsible for these costs even if you did not discuss them prior to being incurred unless you specifically request in writing that we do so. In addition, you may be asked to pay directly to a third party in advance some costs incurred in connection with you legal matter.

Late Fees; Liens. Client acknowledges simple interest, at the rate of 1.5% per month, will be added to all accounts not paid within fifteen (15) days of the date of each bill, invoice, and/or statement. Additionally, if fees are not paid timely, Firm may terminate services and withdrawal from any representation. ALL BILLS ARE PAYABLE ON RECEIPT. IF YOU DO NOT PAY WITHIN FIFTEEN (15) DAYS OF RECEIPT, YOUR ACCOUNT WILL BEGIN TO ACCRUE INTEREST CHARGES. Client will be responsible for any costs and attorney fees incurred by Firm in collecting any unpaid and outstanding balances owned. Firm shall have a lien on all Clients documents, property, or money in Firms possession for the payment of all sums due to Firm from Client under the terms of this Engagement Agreement and any other applicable Engagement Agreement(s).

Fee Disputes. We always strive to be clear in our communication with you, but if you have questions regarding your bill, please ask us since bills are due upon receipt. You may contest fees that you have been charged in writing within thirty (30) days of the date of the relevant invoice. If you fail to do so, you understand that the invoice is considered acceptance by you as valid and any objection is waived.

If Client disputes any entry for legal services or charges on any billing statement, you agree to notify Law Firm in writing or email within thirty (30) days of receiving our billing statement. In the absence of any written objections within thirty (30) days of your receipt of a billing statement, you will be deemed to have accepted and acknowledged the billing statement as correct through the period covered by the billing statement.

Payments

The method and manner in which Client may pay any applicable Attorney/Service Fees and/or costs will be indicated in the Service Proposal, Engagement Agreement, or the bill/invoice sent to Client from Law Firm. Client further understands that depending on the Scope of Services, there may be fees in addition to the Service Fee that are customary and necessary to deliver the services outlined above. Client is responsible for any and all additional cost, fees, and expenses beyond the Service Fee and agrees to pay such fees promptly when requested by Law Firm.

Billing. Bills are due upon receipt, unless indicated otherwise. Any payment arrangements or plans will be detailed in the applicable service proposal, this Engagement Agreement, and/or the bill/invoice received by Client. Client understands that the price for similar services, as well, as applicable fees and costs in the future, are subject to change.

Payments. Bills are due and payable upon receipt, and are overdue if not paid by the due date set forth on the statements. Billing statements will be sent to the email account on file and shall be paid promptly within fifteen (15) days of receipt. Client understands that Law Firm may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any other rights under this Engagement Agreement.

Credit Card. By providing your credit card information and accepting the Firm’s services you hereby authorize the Firm to charge your credit card for legal fees and expenses. If the credit card holder charges a processing fee, Client agrees to be responsible for said processing fee.

Factors Determining Our Fees. In determining the amount to be charged for the services we provide to you we will consider:
– The time and effort required, the novelty and complexity of the issues presented, and the skill required to perform the services promptly
– The fees customarily charged in the community for similar services and the value of the services to you
– The amount of money or value of property involved and the results obtained
– The time constraints imposed by you as our client and other circumstances, such as an emergency closing, the need for injunctive relief from court, or substantial disruption of other office business
– The nature and longevity of our professional relationship with you
– The experience, reputation, and expertise of the lawyers performing the Services

b. Billing & Automatic Renewal.
(i) Legal Plan Billing & Automatic Renewal: Your Subscription Plan will renew automatically on a recurring basis unless you give notice of your intention to terminate your subscription pursuant to the terms of this agreement. Unless otherwise notified pursuant to this agreement, the charge, and term duration for each renewal term will be the same as the initial Subscription Term.

Notice of Automatic Renewal. As a courtesy to you, we may send a reminder email to the email address of record for your account before your billing date to inform you of your Subscriptions automatic renewal, as applicable, depending on the type of Subscription you are enrolled in. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) the failure of Law Firm to send the email does not create any liability on the part of Law Firm or any third-party service provider.

Fee Adjustments. Law Firm may increase its fees for any Plan membership effective the first day of a renewal term, as applicable, by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to this agreement, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term) and your payment method on file will be charged according to the new fee schedule. Reductions in fees become effective on the next renewal term without any pro rata reduction for the period covered under the prior fee schedule.

Payment; Billing; Automatic Renewal.
Subscription Fee Payments. For any Subscription Type you purchase, you will be charged in full for the amount of the term you selected upon purchase (e.g. monthly, annual), and you agree that for each renewal term for such Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. The payment method we have on file for you will be charged the applicable legal plan fees on a recurring basis for the duration of your subscription through each renewal term. PLEASE NOTE THAT EVEN IF YOU DO NOT USE ANY PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED PURSUANT TO THE TERMS OF THIS AGREEMENT.

Client Responsibilities & Representations

1. Client agrees to fully cooperate with Law Firm, be available as requested, promptly provide all information, promptly pay all fees and costs; and keep Law Firm informed of Clients whereabouts and present contact information at all times, including telephone number, e-mail address, physical address and any changes relevant to the scope of services.
2. Client agrees to use its best efforts to disclose fully and accurately all facts and to keep the Law Firm appraised of relevant developments relating to the work that the Firm performs on Clients behalf.
3. Client agrees to regularly check the email address provided to the Firm and the attorney;
4. Client agrees that they are solely responsible for receipt of communications sent via e-mail. If a communication has been sent to the provided e-mail address, your attorney is not responsible for any e-mail not received due to the Client’s security or anti spam software, or any problems within the applicant’s e-mail system.
5. Client agrees that in the event Client does not respond to the Law Firm’s reminders regarding upcoming deadlines and/or our requests or inquires for additional information before or after filing that we will not take any affirmative action on Client’s behalf, including, but not limited to filing responses to USPTO actions or payment of USPTO fees which may result in the abandonment of Client’s trademark application and potential loss of rights.
6. Client declares that all statement made of his/her own knowledge and provided to the Law Firm are true; and that all statement made on information and belief are believed to be true;
7. Client understands that any willful false statement and the like may be punishable by law and constitute grounds for invalidating any trademark filings utilizing such willful statements;
8. Client acknowledges and understands that the Law Firm may reasonably rely upon any information and/or materials provided by Client to be used in conjunction with Clients request for Legal Services; and
9. Client agrees to indemnify and hold harmless the Law Firm from any liability arising from Clients breach of the above-listed representations and warranties.

Documents Prepared by Third Parties

Lamar Legal PLLC does not make any representations or warranties of any kind regarding the accuracy or completeness of any documents completed by third parties. The Law Firm shall be entitled to rely on information contained in documents prepared by third parties, but shall have no independent obligation to verify such information.

No Guarantee

No Guarantee The Law Firm has made no representations, promises, warranties or guarantees to Client, expressed or implied, regarding the outcome of Client’s matter, and nothing in these terms shall be construed as such a representation, promise, warranty or guarantee. Accordingly, Client acknowledges and agrees that nothing in the Law Firm’s communications and/or signed Engagement Agreement are intended to be construed as a promise or guarantee about the outcome of any matter, application, or request. Client recognizes that the Law Firm is not able to make any such promises or guarantees and that the Law Firm’s comments regarding the outcome of any matter are expressions of opinion only. Neither Lamar Legal PLLC nor your attorney can guarantee a particular result.

Termination of Representation

You may terminate Lamar Legal PLLC’s representation of you for any reason upon payment in full of any outstanding balance due to the Law Firm and a written communication requesting the representation to end. Should you terminate the Law Firms representation, the Law Firm will forward to you all documents and other property to which you are entitled upon payment in full of your balance due. You agree to pay to the Law Firm in advance its regular rate for reviewing your files, copying and transmitting documents to your subsequent attorney, as well as for any other services you request the Law Firm to provide.

Lamar Legal PLLC may terminate representation for clients failure to pay any outstanding balance due to the Law Firm, as well as for other circumstances permitted under the Rules of Professional Conduct, with reasonable advance written notice.

Client grants the Law Firm a lien on all funds, documents, records, and other items held by the Law Firm. Client further acknowledge that the Law Firm has a lien on all causes of action from the time they arose, and on any awards, judgements or settlements you receive because of services rendered by the firm.

Termination.  Firm may withdrawal from representation and providing services to Client at anytime and for any reason. Client is free to terminate the Law Firms representation at anytime, unless otherwise stated in the Engagement Agreement, Service Proposal and/or any attachments herein. Should Client exercise this right, Client will be charged proportionately for services rendered, and time incurred within the duration of the Term prior to termination, at the Firms hourly billing rate in effect at the time of termination. Flat Fee services are not entitled to any refunds and are considered earned upon receipt. In the event of termination, subject to the terms of this agreement, Law Firm shall deliver to Client all records of the matter and all property belonging to Client in Law Firms possession, except those subject to any lien. Client shall give notice of termination in writing delivered by email to aml@lamarlegal.com or my mail or fax.

If the Law Firm must take any legal action to collect any balance due under your Engagement Agreement, Client agrees to pay for reasonable time incurred by members of the Law Firm at their standard rates and by outside attorneys retained by the Law Firm at their standard rates.

File Retention & Destruction

At the conclusion of your matter, this matter will be closed and we will retain a client file of your matter for a period of six (6) years. Law Firm may store some or all client file materials in a digital format. In the process of digitizing such documents, any original paper documents provided by Client will be returned to Client. Any copies of paper documents provided by Client will not be returned unless Client request such copies in writing. After any and all paper documents are digitized, Law Firm will destroy all paper documents in the Client file, subject to the exceptions noted above. At the expiration of the six (6) year period, Law Firm will destroy all Client file materials unless Client notifies Law Firm in writing that Client wishes to take possession of them. Law Firm reserves the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files.

Conflict of Interest

It is possible that the firm may, from time to time represent a client whose interest are adverse to yours, but we will not undertake any representation that creates a prohibited conflict of interest according to the applicable Rules of Professional Conduct.

In the event a conflict arises that may be waived under the applicable Rules of Professional Conduct, representation is not prohibited by applicable law, and we believe we can provide appropriate representation to both parties, we may request that you and the other affected party agree to waive the conflict in writing.

Potential Conflicts of Interest. Client is aware that the Firm represents many other businesses and individuals. It is possible that some of our existing or future other clients will have disputes with Client, or engage in transactions with Client during the time that the Firm is representing Client. Client agrees that, without further notice to Client, the Firm may continue to represent or may undertake in the future to representing existing or new clients in any matter that is not the same as, or substantially related to, any matter in which we represent the Client, even if the general overall business interests of the other clients in those other matters are adverse to the Client. Of course, under no circumstances will the Firm, in the course of representing any other clients, use or disclose any confidential, non-public information that the Firm obtained as a result of our representation of Client. The Firm is presently unaware of any actual or prospective conflicts of interest that would preclude us from providing the Legal Services. However, this belief is predicated exclusively upon our current state of knowledge. Should the Firm subsequently come to believe that a conflict exists or has developed; the Firm reserves its right to withdraw from the representation consistent with the Firm’s obligations.

Responsibility for Misuse. You are responsible for all expenses incurred or other actions that may occur through your use of a Law Firms services. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of the services, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.

Governing Law. This Agreement and the terms contained herein are governed and enforced by the laws of the State of Florida.