This letter proposes an attorney and client agreement between our Law Firm, Clark & Bellamy, P.C., and the client. The letter confirms our terms and agreements regarding Clark & Bellamy P.C.’s (the “Firm”) representation of you regarding the legal matter described in the initial email communication identified with a copy of this letter or the description of legal services identified in the intake form. The terms and conditions of this letter become effective upon electronic indication or signed acceptance by the client, receipt and deposit of the client’s retainer or advance payment, and initiation of legal services by the Firm after the deposit.
Additional terms may apply to particular services provided by the Firm. For example, the Firm’s General Trademark Engagement Terms govern trademark prosecution services, and the Firm’s General Patent Engagement Terms govern patent prosecution services.
Clark & Bellamy cannot provide a fixed price or a precise amount of the total legal fees and other legal costs a client might incur. Please understand that most legal representations involve unique and personal matters which often cannot be foreseen or accurately predicted. Additionally, as thorough and complete as you may have been with the Firm regarding the details of your matter, there are considerations or items not initially discussed that can affect the amount of legal work needed and the associated costs. Therefore, any estimates provided are only estimates and are not a guarantee of the total costs involved. Also, understand that this Firm does not do flat fee work except for specific services covered by separate engagement terms. The Firm confirms fixed fee services in electronic or other written communication; without such confirmation, all fees are subject to being billed hourly. Accordingly, consider the costs associated with your legal needs before engaging this Firm and periodically as the representation or case proceeds.
By accepting these terms, you request that the Firm, its attorneys, and paralegals provide you with advice, representation, and consultation. The Firm’s legal representation concerns only the legal matters described in identified communication and the intake form. The Firm’s representation may include related issues that might arise during our representation of you in the specific matter. The Firm’s general engagement terms are not a flat fee arrangement. Our Firm will charge standard hourly rates ($400.00/hr for attorneys, $150.00/hr. for paralegals) or other agreed-upon rates for all work performed. The Firm will also bill you for advanced costs on your behalf and out-of-pocket costs such as copy charges, facsimiles, and documented expenses. Our bills are due upon receipt unless otherwise stated on the invoice. Interest will accrue at 1-1/2% per month if the Firm does not receive a payment within 30 days after the bill date. Suppose, at any time, this Firm has to pursue legal action to collect any sums due under this agreement. In that case, you shall also owe attorneys fees and expenses of litigation. The Firm requests a retainer fee to begin work on most matters. Retainer fees requested and paid by you will be used to pay for attorney time and expenses, and this is not a flat or one-time fee. The Firm may request additional retainer fees for representation at any time. Clients can pay with a credit card online at https://clarkandbellamy.com/pay/.
Our obligations to you: If you are executing this letter as a representative of an entity, you represent that you have the authority to bind your entity. You acknowledge, and we agree, that the Firm’s engagement is with the entity only and not with you individually (if this sentence applies, “you” or similar pronouns in this letter refer to the entity). The Firm will only perform the work you request. We will keep records of the work and communicate with you regarding our services, especially when you request information. We will comply with our ethical and legal obligations to you. Finally, we will use our best effort to reach a successful conclusion to any matter we are engaged.
Your obligations to us: We encourage communication. If you ever feel we are not meeting these obligations, you agree to let us know. In addition, you agree to keep us informed and disclose all material facts related to matters in which we are engaged and to pay our fees.
Confidentiality: We are under the highest fiduciary duty of care to maintain attorney and client confidentiality. We will comply with this duty unless you expressly or impliedly waive it.
Electronic communications: We often communicate electronically, and you agree to communicate using electronic communications, including the Firm’s client portal accessed via the internet.
Records retention, file security, and paperless files: The Firm operates paperless, storing your records electronically. We use onsite and off-site email storage. In addition, the Firm uses online banking and online and cloud-based document storage. While we use reasonable effort to maintain such records securely, our vendors represent to us that they will also make such reasonable efforts. Nevertheless, we advise you that no computer system is free from the risk of a data breach.
Termination: You may terminate our representation at any time on notice. We may terminate our attorney and client relationship with you, subject to the Georgia Rules of Professional Conduct, and any applicable rules of the Patent & Trademark Office, upon written notice. On termination, you agree to pay all accrued fees through the date terminated. As long as you pay attorney fees, we will make electronic records of your available by electronic means at the end of our representation.
Acceptance: Retaining the Firm’s services by paying any retainer or advance fee acknowledges your electronic receipt of this agreement and consent to its terms.
Clark & Bellamy appreciates the opportunity to work with you. We also appreciate the confidence that you have shown in our Firm. If these terms are agreeable, please respond indicating your acceptance of these terms and pay the requested retainer fee immediately to ensure timely attention to the details of your matter. If these terms are not agreeable, don’t hesitate to contact William Clark or Brian Bellamy quickly to resolve concerns and ensure timely handling.