1. PARTIES / EFFECTIVE DATE. This Agreement is made between The Law Firm of Sausser & Spurr, LLC (“Attorney”) and You (“Client”). The effective date shall be the date of the latest signed Engagement Agreement. This Agreement will not be fully-executed unless and until written acceptance is confirmed via email to Client from Attorney.
2. SCOPE OF LEGAL SERVICES PROVIDED. This Engagement Agreement is for the purpose of Client hiring Attorney for the services defined as Sending a Cease and Desist Letter. Sending a Cease and Desist Letter service is defined to include the following: The legal services provided by Attorney to Client will include the drafting and sending by certified mail one cease and desist letter, sent to the infringing party, as identified by the Client (“Legal Services”). All other services beyond the scope of services just described will incur an additional charge (“Additional Legal Services”). Attorney will provide the Legal Services and respond promptly to Client’s communications. Client understands that this service is provided on a "best efforts" basis and there is no guaranteed outcome. Client further understands the possibility that in sending a cease and desist letter, Client does avail him/herself to the jurisdiction of the courts where the infringing party is located and could be required to make certain appearances in said jurisdiction(s). Client understands this service includes no follow-up discussions and/or negotiations with the opposing party and/or opposing party's counsel. Client further understands that without payment of a retainer, as determined by the Attorney, Attorney reserves the right to forward any and all correspondence and/or follow-up by the opposing party and/or opposing party's counsel to the Client.
3. CLIENT’S PROMISE. Client agrees to work together with Attorney throughout the entire representation, to be available when requested by Attorney, to communicate with the Attorney, to pay all fees and costs associated with the representation in a timely manner, and to keep Attorney aware of Client’s current contact information, including street address, telephone number(s), and email address at all times. Client further understands Attorney is not responsible for any consequences resulting from Client’s breach of these promises.
4. LEGAL FEE. In accordance with the Rules of Professional Conduct of South Carolina, the fee associated with this agreement of five hundred and forty-nine dollars ($549.00 USD) per cease and desist letter will be placed in an interest on lawyer’s trust account (IOLTA). Client may be entitled to a refund of all or a portion of the fee if the agreed upon Legal Services are not provided. Attorney will return to Client any unearned portion of the fee. The legal fee is considered completely earned once Attorney sends the cease and desist letter. Attorney may be entitled to partial payment should Client terminate the relationship prior to completion of the Legal Services. Should client elect to have Additional Legal Services provided, the fee associated is two hundred and twenty-five dollars ($225.00 USD) per hour.
5. GOVERNMENT FEES.No Government fees are anticipated with this agreement. However, should government fees arise, Client understands such fees are in addition to the above stated legal fees. For a complete list of government fees please see http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.
6. ADMINISTRATIVE FEES. Any and all administrative costs are the Client’s responsibility and are in addition to the above stated legal fees.
7. TERMINATION. As it is in any professional relationship, Client has the right to terminate the lawyer-client relationship and discharge Attorney at any time during the duration of this Agreement. Attorney reserves the right to terminate this Agreement as well. If Client chooses to terminate this Agreement, Client must provide reasonable notice to Attorney and agrees to cover the expenses incurred prior to the termination, including but not limited to, payment for Attorney’s partially completed Legal Services. Should Client terminate the relationship prior to completing the Legal Services, Attorney has the option to charge an hourly fee of $225/hr. on the services provided prior to termination up to the flat fee rate.
8. SEVERANCE. In the event that one or more of the provisions of this Agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement.
9. COMPLETE AGREEMENT. This Agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this Agreement, this website or any services rendered by Attorney to Client. This Agreement contains the entire agreement of the parties. No other agreements, statements, or promises made on or before the effective date of this Agreement will be binding on the parties. This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.
10. CONFLICTS / CLIENT CONFIDENTIALITY. Representation by Attorney is contingent on Attorney’s conflict check of Client. After confirmation that no conflict exists Attorney will send Client the fully executed Agreement via email. All the notes, writings, reports, research, and communications related to this matter will be maintained in strict confidence and are protected under the provisions of the Attorney-Client privilege.
11. GOVERNING LAW. This agreement shall be governed by the laws of the State of South Carolina, without regard to its conflict of law provisions.
12. JURISDICTION. Should any dispute arise, the action shall take place in Charleston, South Carolina.
13. SIGNATURES. The parties may execute this Agreement by electronic means and in electronic counterparts.