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Summary of Attorney-Client Agreement

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DISCLAIMER:

IF YOU DO NOT WISH TO BE BOUND BY ALL THE TERMS OF THE ATTORNEY-CLIENT AGREEMENT (which can be found in full at www.lbatlaw.com/attorneyclientagreement), DO NOT MAKE A PURCHASE THROUGH THIS WEBSITE’S ONLINE STORE, NOR SHOULD YOU SUBMIT YOUR APPROVAL TO THE CONSENT FORM THAT AUTOMATICALLY DIRECTS YOU TO OUR ONLINE STORE.

Description: This document is provided to clients and potential clients to help assist them in understanding the conditions of Leeran S. Barzilai, A Professional Law Corporations’ (hereinafter “Attorney”) Attorney-Client Agreement. Please note that the only way to establish an official Attorney-Client relationship, which shall be subject to the terms of the Attorney-Client Agreement, is by making a purchase through our Online Store. If you still need further clarification to understand the agreement, it is your responsibility to contact us directly.

  1. Estate Planning Information.

This section provides a summary of what materials you can be expecting when making a purchase through our online store. It also reiterates the importance of you completing and submitting information that we are requesting in order to provide you with our services.

  1. Attorney’s Scope and Duties.

This section states that Attorney is being retained to provide the services you purchased, and only that. Thus, Attorney is not being retained by client for any other matter, even if related to your purchase.

  1. Client’s Duty.

Describes your duty to communicate promptly and honestly with Attorney, and cooperating with us by providing us with all the information needed to provide the services you purchased. It also provides that you are expected to complete (as instructed) all the materials we send you, as well ask questions as needed to ensure that you accurately provide us with the requisite information.

  1. Disclaimer of Guarantee.

This disclaimer provides that we are not responsible if your testamentary documents (e.g. a revocable living trust) does not provide the full range of benefits for mistakes you make in not providing us with necessary or accurate information. You are always free to ask us for help, so please do so in order to avoid future problems. Lastly, in order to offer our services at such a low rate, our goal is to ensure that each revocable living trust receives the main benefits (i.e. avoiding probate), not to maximize all benefits.

  1. Fees for Service.

This section provides the fee structure of our agreement, including total costs for our services, as well as how those services are earned throughout the course of us working on your matters. It also states that we reserve the right to refuse discounts (resulting in refunds), as well as state that our paralegals and legal assistants may work on your matters with our attorneys. Lastly, it provides how the money you paid will initially be kept in an our client trust account (IOLTA), that you are responsible for the 2.9% processing fee and 30 cent per transaction fee, notary services are not included, and an extra fee for customization (see Section 5(g) for hourly rates for requested customizations).

  1. Negotiability of Fees.

This section states that we have agreed to these prices as reasonable (remember, as stated on our website, if you wish to make changes to this agreement prior to purchase you may contact us directly).

  1. Tax Liabilities, Returns, Reports, and Filing Requirements.

This section discusses how your purchases may result in tax liabilities and subject you to filing requirements, documenting tax reports, as well as filing tax returns. This is your responsibility.

  1. Dual Representation (Applies to Married Couples and Domestic Partners).

You and your spouse understand and agree to waive all conflicts to allow Attorney to represent you and your spouse/domestic partner. For example, anything one spouse shares will not be confidential as it pertains to the other (Attorney is obligated to share anything said of material interest by one spouse to the other). The Attorney’s role is to work through setting up your estate plan on the assumption and belief that you and your spouse/domestic partner common legal interest, goals and obligations.

  1. Prior Informed Written Consent and Waiver of Future Conflict.

This section states that you are allowing us to provide our legal services to anyone, even if they are your adversaries. This does not mean we can tell anyone about your confidential information, but we are still allowed to represent anyone in any matter, even if you are their adversaries. Since we are only providing services that relate to your general finances and family information, we are still able to represent other people for similar services, as well as other matters that are completely different (for example, if we represented a landlord and you happen to be their tenant, you are waiving such a conflict even though we know your financial background). This is because we offer various legal services and we do not want to be precluded from working on those matters when the information we have is not very consequential in terms of an adversarial legal dispute between parties—knowledge of your financial background rarely impacts a resulting judgment in a legal dispute (a rare exception could be family law matters such as divorce or child custody, which are matters we do not pursue). Lastly, you are also consenting to us representing others who may present future conflicts to you as well. For example, if you plan to leave money for your child, and your child wishes for us to help them with how to handle the money they receive, we can still assist them even if you disapprove of how they wish or plan to spend it.

  1. Disclosures to Agents Assisting Attorney.

Attorney is allowed to disclose your information to agents assisting us in drafting, preparing, funding, and providing any and all matters to provide you with your purchased services.  

  1. Nature of Representation.

This section explains that Attorney is just representing you on the matters you purchased (not any other matters), and this representation is limited only to you. Attorney does not owe a fiduciary duty or other duty to any other individuals or entities that are not considered clients; this applies whether or not someone is related to or otherwise affiliated with you.

  1. Contract Attorneys.

With this section, you are authorizing Attorney to contract with other attorneys to assist on your matters at no additional cost to you (this includes customizations). You are also allowing us to negotiate attorney fee divisions and referral fees with contract attorneys.

  1. Termination of Representation.

This section explains how this Agreement can be terminated by both you as the client, and Attorney as the attorney. It lists specific termination rights as it relates to each service Attorney provides. These termination rights are subject to our fee arrangement, and therefore, if Attorney has earned a fee prior to your termination, that fee will be paid, and the remainder will be paid back to you.

  1. Entire Agreement.

It states here that this Agreement, as well as all the agreements made available to you on Attorney’s consent form (which can be found when you click on the shop link on Attorney’s website) contains the entire agreement between Attorney and our clients.

  1. Unenforceability.

This section states that if any part of this agreement is found unenforceable, that specific part will be stricken from this attorney-client agreement and the remainder of the agreement will still be valid and binding.

  1. Modification.

The agreement between Attorney and client can only be changed with a subsequent agreement that is in writing and signed by both parties.

  1. Execution.

This clause states that the attorney-client relationship will be established when you make a purchase through the Online Store on Attorney’s website, and such relationship will be subject to the terms of the attorney-client agreement. This is the only way that an attorney-client relationship can be created (i.e. visiting Attorney’s website, contacting Attorney by phone or email does not, and will not, create an attorney-client relationship, nor does it make Attorney your attorney). This section also states that you will reasonably help assist Attorney to ensure that you and/or your spouse/domestic partner sign any other future documents and/or agreements that are needed.  

  1. U.S. Treasury Department Circular 230.

This section is a required disclosure when attorneys provide certain written tax advice, as provided above regarding potential tax returns, and filing requirements. This disclosure is to inform you that you cannot rely on the written advice Attorney has provided to you to avoid paying IRS penalties.

  1. Authorization.

Here, you are representing and warranting that you have all the authorizations required to make this agreement binding (which you have done by completing a purchase through our website). If you later realize that you do not have such authorization, you must contact us directly to resolve such authorization or this agreement will be terminated.