This letter, upon acceptance with the terms set forth below, serves as your agreement to be represented by SSK ESQ LLC.
SERVICES AND TERMS
Upon paying for the legal or business consulting services via check, wire, or digital invoice, the terms listed in this agreement will govern your representation.
ELECTRONIC PAYMENTS EARNED ON RECEIPT
While checks and money orders can be deposited into our trust account if the project permits, electronic payments are automatically deposited into our operating account. Because the firm will be collecting advance-deposit funds prior to work being completed and the funds will not be deposited into the lawyer trust account, ethical requirements require us to consider the advance payments “earned upon receipt.” RPC 1.5(c)(3)(i).
CONFIDENTIALITY
Attorneys have a duty of confidentiality to their clients, meaning that all matters discussed with existing or potential clients are held in confidence. The client must maintain this confidentiality. If you wish for our conversations to remain confidential, be mindful of any disclosures to additional parties besides your legal team.
FUNDS OWED TO BE DEPOSITED IN ADVANCE
For us to begin work on your project(s), you are required to pay the advance deposit invoice first. This fee is fixed and constitutes complete payment for the performance of services and does not depend on the amount of work performed. You may discharge the firm at any time and, in that event, may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed. Client acknowledges that this fee is negotiated and is not set by law. RPC 1.5(c)(3).
PERSONAL GUARANTY
We sometimes represent people and sometimes businesses. If a business is the client but does not pay for services, and you are affiliated with the business, as a member, manager, officer, director, owner, investor, or simply initiator of services with our firm, you will be held personally responsible to pay any fees owed by said business.
EXPENSES
In addition to specific fee-based or hourly services that are billed, there may be times when additional expenses are incurred. For example, some fee-based services may or may not include government fees. Some services may include certain government fees, and yet specific projects may require the payment of additional fees. Additionally, expenses, including but not limited to certified mailings, special printing, and notary services, may be added to your initial invoice(s) and/or billed towards the end of your project completion process.
CLIENT’S RESPONSIBILITIES
In order to effectively represent you, we need your cooperation and assistance. You agree to fully cooperate with us and to promptly provide all information known or available to you that is relevant to your representation.
We ask that you reply to your attorney and to the firm team as promptly as possible. This includes but is not limited to: Responding to project quote emails, providing any requested information or input that may be needed to move the project forward, and scheduling a real-time document draft editing session in a timely fashion after receiving it.
ELECTRONIC AND PAPER FILES
Our goal is to be as paperless as possible with client files, notes, calendar items, project-specific documents, and database information. While we can create a paper copy of your file upon request, we will not, in the regular course of business, already have a paper file ready.
If a file is needed, our preference is to provide it in electronic form. If a paper file is requested and provided, you may incur any printing or shipping costs. If payments are owed when a file is requested, we reserve the right to place an attorney lien on your files until all owed funds have been paid in full.
Technology disclosures
Our firm may utilize legal research artificial intelligence (AI) tools and other technological assistance to enhance the quality and efficiency of our legal services. All technology use is subject to attorney supervision and professional judgment. We maintain appropriate oversight over these tools pursuant to Oregon RPC 5.3 and make reasonable efforts to ensure their use complies with our professional obligations.
We implement appropriate safeguards to protect the confidentiality and security of client data when using technology tools, in compliance with the Oregon Consumer Information Protection Act. In the event of a security breach involving client personal information, we will notify affected clients and the Oregon Attorney General as required by law. Clients have the right to request information about how their data is used and to request deletion of their personal data.
While technology may enhance our representation, our attorneys verify all AI-generated work product and exercise independent professional judgment in all matters. We follow guidance provided by the American Bar Association and Oregon State Bar regarding ethical technology use in legal practice.
TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS
Either party may terminate the representation at any time, subject to our obligations under the Rules of Professional Conduct. Unless previously terminated, our representation will terminate upon completion of the legal services subject to this agreement.
You understand that we have no continuing obligation to represent you past the project(s) agreed to or to provide an additional service or extension of the first service unless agreed. Each project has a beginning and an end. Should the scope or duration of the project change or the project be new, it will require a new project to be opened, a new invoice created, and a new payment made.
You understand that contracts drafted by our firm were intended to be both cohesive and legally enforceable. While we encourage clients post-project representation to use their contracts as business templates and change things like client names, numbers, and project scope attachments, we do not encourage legal term editing in the form of deletions, revisions, or add-ons. Should a client make a change to their contract without our legal counsel, we are not responsible for any damages that may occur based on client edits.
PROJECTS FOR COMMERCIAL CANNABIS BUSINESSES AND ANCILLARY SERVICES
We offer business services to duly licensed commercial cannabis entities and cannabis ancillary businesses. Please note that under federal law cannabis remains a Schedule I prohibited substance and is still federally illegal and therefore subject to federal prosecution. Exporting cannabis out of your legal state is a violation of federal law.
REFUNDS
Client may discharge the lawyer at any time and in that event may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed, RPC 1.5(c)(3)(ii). The following will apply in the event you cancel a project within 30 days after payment has been tendered:
1. If the project is complete or substantially completed, in our reasonable discretion, no refund will be issued.
2. If a portion of the project has been completed, we may issue a partial refund based on our hourly rate and percentage completion of the project.
3. All other timelines and scenarios will be processed on a case-by-case basis as determined by the amount of time lapsed, reasons for the delay, and the amount of work completed, which may be subject to an administrative fee.
ARBITRATION OF FEE DISPUTES
If a dispute arises between you and SSK ESQ LLC regarding fees, the parties agree to resolve that dispute through the Oregon State Bar’s Fee Dispute Program.
NO TAX ADVICE
No advice is given regarding tax consequences, and this firm specifically is not providing tax advice, although questions relating to tax matters may very well come up during the course of your matter. You agree to seek tax advice elsewhere and to hold this firm harmless from any tax effects.
NO ADVICE REGARDING THIS FEE AGREEMENT
We are not acting as your counsel with respect to this agreement itself. If you wish to be advised on whether you should enter into this agreement, we recommend you consult with independent counsel of your choice.
Thank you for doing business with As Your Counsel Legal Services. When you deposit funds for your billed services, this representation agreement will automatically execute.