Terms & Conditions
DEFINITIONS:
1.1 DWI: “DWI” shall refer to a misdemeanor offense under the Section 49.04 of the Texas Penal Code (Driving While Intoxicated) and/or Section 106.041 of the Texas Alcoholic Beverage Code (Driving Under the Influence of Alcohol by Minor). Specifically excluded from the definition are
1.2 “Attorney” shall refer to (Wade – please fill in) Law Firm and/or the Attorneys and Staff of (Wade – please fill in) Law Firm.
1.3 “Client” and “you” shall refer to <Your Name here>.
2 PARTIES:
2.1 This Agreement (hereinafter “Agreement”) describes the course and scope of legal services provided to Client by Attorney.
3 SCOPE OF LEGAL SERVICES:
3.1 Under the terms of this Agreement, Client agrees to retain Attorney for legal consultation, legal advice and representation as described in this Agreement. Attorney agrees to provide Client with legal consultation, legal advice and legal representation described in this Agreement.
3.2 The course and scope of legal consultation, legal advice and representation shall be as follows:
3.3 In the event that Client is arrested, within (1) one year of the execution of this Agreement, with either the misdemeanor offense of DWI, Attorney shall provide Client legal representation in the defense of said DWI charge (hereinafter “Representation”). Client shall be entitled to representation of one (1) DWI charge under this Agreement. Only DWI charges within the jurisdictional limits in Texas of Harris County, Fort Bend County, Galveston County, Chambers County, Liberty County, and Montgomery County Texas shall be included. Representation for DWI charges in all other states, counties and territories is not included in this Agreement. Only Client shall be entitled to representation. No substitutions are permitted. This Agreement is not transferable or assignable. Attorney’s duty to represent client in defense of DWI charge outlined in this paragraph is not initiated unless Client is charged with a DWI offense and Client notifies Attorney within two (2) days of Client’s arrest and Attorney shall be released of all Representation duties to Client. Client’s retaining of an Attorney outside of DUILawShield to represent Client in a DWI charge shall serve as waiver and release of all duties owed to Client by Attorney under this Agreement.
3.7 Representation shall be limited to the plea, investigative and trial phases of Client’s charges. Subject to provisions of this Agreement, Attorney agrees to represent Client in the defense of the above allegations. No other legal services, appeals, applications for writs of certiorari, expunctions, parole or pardon work, probation violations, probation modifications, writs of habeas corpus or other extraordinary relief is included under this Agreement. Attorney’s services to Client are complete, and Attorney is discharged from any further obligations to Client as of the date charges are dismissed or one sentence is pronounced by the trial judge.
3.8 Attorney’s obligations to Client are also discharged if the above charges are compromised or disposed without trial. Compromise or disposal without trial includes, but is not limited to, any of the following:
Granting of probation with or without the imposition of sentence;
Ordering of commitment by the court without the imposition of sentence;
Acceptance into a pre-prosecution diversion, pre-trial diversion or similar program;
The commencement or entering into an Agreement with the State in a conditional dismissal program; or
Dismissal of charges.
3.9 All fees shall be deemed earned at the time the execution of this Agreement (hereinafter “Earned Fee Clause”). In the event Earned Fee Clause is held to be illegal, invalid or otherwise unenforceable, in consideration of time reserved by Attorney and any legal services provided, including but not limited to Consultation or creating and providing of Handbook all fees shall be deemed earned at the earlier of scheduling Consultation or Client’s notice to Attorney of election to receive Handbook in lieu of Consultation.
3.10 Attorney represents and Client accepts, agrees and understands that this Agreement is for legal services and does not create, constitute, form or imply any form of insurance policy or prepaid legal services. In the event of a dispute arising under this Agreement, Client and Attorney agree this Agreement shall not be construed as an insurance Agreement, insurance policy or pre-paid legal services. Further, Client and Attorney agree that fees paid represent a retainer and execution of this Agreement creates an Attorney-Client relationship in the limited scope set forth under this Agreement.
3.11 NOTICE: THIS AGREEMENT IS NOT INTENDED OR SHALL BE CONSTRUED AS A CONTRACT FOR INSURANCE.
4 EXPENSES:
4.1 In addition to the above fees, Client acknowledges that Attorney may incur reasonable expenses necessary to the preparation and trial of the above charges including, but not limited to, investigation, preparation of exhibits, fees for expert witnesses, and travel expenses. Client shall be responsible and pay all reasonable and necessary expenses incurred by Attorney in connection with Representation. Client therefore agrees to promptly deposit with Attorney the sum required to pay such expenses, prior to Attorney’s incurring or paying for said expenses. Where payment in advance of Attorney’s incurring and paying for such expenses is impractical, Client agrees to promptly pay for said expenses, within seven (7) days of being notified of said expenses. Attorney agrees not to spend significant expenses without Client’s consent. Client’s failure to pay for said expenses within seven (7) days of notice of incurred expenses shall release Attorney of all obligations under this Agreement. Amounts remaining at the conclusion of Client’s criminal charges will be refunded to Client.
5 FEES, FINES AND SENTENCE:
5.1 Client agrees and understands that this Agreement is only for legal advice and representation. Any fines, fees, court costs, restitution, and the like resulting from criminal charges filed against Client shall be the sole responsibility of Client. Likewise, all punishments, conditions of probation, conditions of bond or sentence imposed against Client shall be the responsibility of Client.
6 ASSOCIATION WITH OTHER ATTORNEYS:
6.1 Attorney and Client agree that Attorneys at DUILawShield shall be the Attorneys principally responsible for handling matters on behalf of Client. To ensure the best possible representation and to ensure this representation at the most reasonable prices, Attorney shall, when appropriate, delegate work involving Client to one or more of Attorney’s associates or paralegals. Client also that, in order to ensure the best possible representation, at times, Attorney may associate with other law offices or Attorneys. Client specifically authorizes Attorneys at DUILawShield to assign supervised projects to associates, paralegals, legal assistants. Client further authorizes Attorney to associate with other Attorneys.
7 NO GUARANTEED RESULT:
7.1 Client understands that Attorney has made no guarantee about the successful outcome of the case and that any expressions of Attorney relative to the case are expressions of opinion only.
8 FINAL AGREEMENT:
8.1 This Agreement is the full, final, and complete Agreement between Attorney and Client and can be modified only by an Agreement in writing signed by both Attorney and Client.
9 OTHER LEGAL SERVICES:
9.1 No other legal services are included in this Agreement.
10 COMMUNICATION:
10.1 Client shall keep Attorney advised of Client’s whereabouts, address and phone number(s) at all times, shall appear on reasonable notice at any and all court appearances, and shall comply with all reasonable requests of the Law Firm in connection with the preparation and presentation of Client’s case.
10.2 Client’s failure to appear to required court appearances, keep Attorney advised of, address, and phone numbers(s) shall serve to release Attorney of all duties under this Agreement. Attorney shall be required to attempt three (3) phone calls to Client’s last known phone number and mail one notice to Client’s last known address prior to withdrawing. Client’s forfeiting of bond associated with a DWI charge in which Attorney is the representing Client under the terms of this Agreement shall serve to release Attorney of all duties under this Agreement.
11 TEXAS LAW TO APPLY:
11.1 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are to be performed in the State of Texas. This Agreement shall be binding upon the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. Parties agree venue shall be Dallas County.
12 LEGAL CONSTRUCTION:
12.1 If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this contract and in place of such invalid, illegal or unenforceable provision, another provision that will effect the intent of the parties shall be substituted that shall be valid, legal, and enforceable.
13 FAILURE TO EXERCISE OUR RIGHT IS NOT A WAIVER:
13.1 Attorney’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
14 PARAGRAPH TITLES:
14.1 The Paragraph titles in this User Agreement are for convenience only and have no legal or contractual effect.
15 NOT FOR ILLEGAL OR IMPROPER PURPOSES:
15.1 Attorney represents and Client accepts, agrees and understands that this Agreement is not meant to encourage, condone, make more viable or promote any illegal activity, including but not limited to DWI. Client agrees not to use the services provided by Attorney under this Agreement to pursue illegal or improper objectives. Illegal or improper use of legal advice provided by Attorney shall make this Agreement voidable at Attorney’s sole discretion and election.
16 WAIVER OF JURY TRIAL, CONSOLIDATION, AND CLASS ACTION; COSTS,
16.1 Client agrees to the terms and condition of “Addendum A,” which is attached and incorporated into this Agreement as though fully incorporated for all purposes.
16.2 In the event the terms and conditions of Addendum A are invalid, illegal or otherwise unenforceable, both parties agree that, except as provided below (and except as to Puerto Rico Clients), any and all claims or disputes between Client and Attorney in any way related to or concerning the Agreement will be resolved by binding arbitration, rather than in Court. This includes any claims against other parties relating services provided or billed to you whenever you also assert claims against Attorney in the same proceeding. Attorney also agrees that Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite choice of law provision contained in this Agreement). There is no judge or jury in Arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including Attorney’s fees).
16.3 For all disputes (except for Puerto Rico Clients), whether pursued in court or arbitration, Client must first give Attorney and opportunity to resolve Client’s claim by sending a written description of Client’s claim to the Attorney’s address. Client and Attorney agree to negotiate with each other in good faith about said claim. Client may only pursue a claim against Attorney only under the circumstances described below. Both Client and Attorney agree that if Client fails to timely pay amounts due, Attorney’s duties to Client under this Agreement are released.
16.4 Notwithstanding the above, Client may chose to pursue Client’s claims against Attorney in a small claims court if Client opts of the above referenced arbitration clause, in writing provided to Attorney, within five (5) days of executing this Agreement. In such a circumstance, Client’s dispute, and all joined claims, shall be limited to small claims court and the statutory jurisdictional limits of small claims court as of the date of execution of this Agreement.
17 ATTORNEYS’ FEES;
17.1 In the event of a failure by any party to comply with the terms of this Agreement, the breaching party will pay all costs and expenses, including reasonable Attorneys’ fees, costs, and expenses, incurred by the non-breaching party as a consequence of breaching party’s failure to comply with this Agreement.
18 COUNTERPARTS AND ELECTRONIC SIGNATURES;
18.1 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shell together constitute one and the same Agreement. This Agreement shall be deemed duly executed by Client and Attorney, respectively, upon the delivery of all of their respective executed signature pages by electronic transmission, including but not limited to facsimile transmission, to Client or its Attorney and Attorney, as the case may be.
ATTORNEY AND CLIENT ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND ITS PROVISIONS, AND AGREE TO BE BOUND BY IT.
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Client
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Attorney