Terms and Conditions.
The following terms and conditions apply to all engagements with Jax Estate Planning LLC.
INTRODUCTION
Jax Estate Planning LLC is committed to providing the highest quality estate planning services to our clients consistent with the legal and ethical obligations we have as attorneys. This statement contains our standard terms of engagement for legal services. In addition to this statement, at the outset of each of our new client relationships, we enter into an engagement letter titled “Engagement for Estate Planning Services” which sets forth specific terms and conditions of each individual representation.
These terms and conditions, together with the engagement letter, set out the contractual terms of our professional relationship with each client. Each of our clients is urged to carefully read both and ask any questions they may have. The terms of this statement or the engagement letter may only be made by written agreement.
CONFIDENTIALITY
All matters which our clients discuss with Jax Estate Planning LLC are personal and confidential and will not be shared with any individual outside of Jax Estate Planning without our client’s consent. Married couples may have separate counsel or we may agree to represent them jointly. If a married couple chooses to have Jax Estate Planning represent them jointly, any information provided to us by one spouse is not protected by the attorney-client privilege from disclosure by us to the other spouse. We are willing to meet with one spouse individually, but we cannot agree to withhold information from the other spouse. If conflicts arise between spouses such that it is impossible, in our judgement, for us to perform our obligations in accordance with the terms of our engagement and our ethical obligations as attorneys, we will withdraw from all further joint representation.
LEGAL SERVICES
The legal services performed by Jax Estate Planning on behalf of a client are described in the client’s engagement letter. The choice of a lawyer is an important decision and should not be based solely on advertisements. Nothing in these terms and conditions or in an engagement letter constitutes or is to be construed as a representation, promise or guarantee concerning the outcome of any matter or recommended course of action. The attorney-client relationship between Jax Estate Planning and each of our clients is created at the signing of each client-specific engagement letter and is terminated upon completion of the services we have been engaged to perform.
Each of our estate planning clients represents and certifies to us, upon signing their engagement letter that: (1) he or she is a citizen of the United States; (2) he or she does not have assets held outside of the United States; (3) he or she does not have a premarital agreement or divorce decree applicable to the disposition of his or her assets at the time of passing; (4) he or she has less than $12 million in net assets; and (5) if married, each spouse is comfortable with the surviving spouse having the ability to alter a jointly-created estate plan.
Nothing in this agreement or any statement by an attorney or staff member at Jax Estate Planning will be construed as a promise or guarantee regarding the outcome of our matter. No attorney or staff member of our office makes any such promises or guarantee. Any statement regarding the outcome of your matter is an expression of opinion only.
LEGAL FEES AND EXPENSES
Jax Estate Planning charges fixed prices for its services, which is stated in each client-specific engagement letter. Unless alternative arrangements are described in the engagement letter, half of the total fee is due as a fee deposit upon signing of the engagement letter and is an earned fee for Jax Estate Planning as of preparation and delivery of the client’s draft estate planning documents.
The remaining balance is due and is an earned fee for Jax Estate Planning upon signing of the client’s estate planning documents.
Pursuant to the rules of the Missouri Supreme Court, all fee deposits are placed in a special bank account which bears interest payable to the Missouri Bar Lawyer Trust Account Program. Interest earned on these special trust accounts is used to fund public and charitable programs approved by the Missouri Supreme Court.
TIME FRAME FOR REPRESENTATION
The terms and conditions of representation and agreed-upon fees anticipate that all engagements will be completed within four (4) months from the date the engagement letter is signed. Failure to complete your engagement within the proscribed time frame may result in additional fees in order to complete your estate plan.
TERMINATION
While our client engagements automatically terminate upon the completion of the services for which Jax Estate Planning was engaged to perform, clients may terminate our engagement at any time prior thereto. We reserve the right to terminate an engagement if a client fails to pay the agreed fees or complete their engagement in a timely manner, or as may otherwise be permitted or required of us by applicable rules of professional responsibility. Upon termination of your engagement with Jax Estate Planning, any fee deposit in excess of earned fees and incurred expenses will be refunded to you.
COMMUNICATION
Communication is a key element to providing the highest quality legal services to our clients. We encourage our clients to communicate openly with us throughout their estate planning process. Unless a client advises us otherwise, we intend to communicate via phone (mobile and/or landline), e-mail and/or U.S. mail with all parties to the engagement letter. We strive to return all client phone calls or e-mails within 24 business hours.