The Engagement Agreement between us consists of the accompanying Cover Letter (the “Cover Letter”), this Appendix I Standard Terms and Conditions, and as applicable, any separate Appendices or Matter Acknowledgment Letters (collectively, the “Agreement”). This Agreement is required or recommended by the law of professional ethics in the jurisdictions in which the Firm practices. It is important for you to understand that you (the Client) and we (the Firm) are entering into a professional business relationship based on the terms and conditions contained herein. The Agreement is designed to be the entire agreement between the Client and the Firm, to establish the nature and scope of our engagement, to address our responsibilities to each other, and to outline for you certain important matters that are best established early as we form an attorney-client relationship.
This Agreement shall apply to all matters for which you might now or in the future request our assistance, unless of course you and we agree in the future to an updated version of this Agreement or to a new or revised engagement agreement expressly referring to and superseding this Agreement in whole or in part.
We encourage you to retain a copy of this Agreement.
Any of the following methods of acceptance of this Agreement will be effective: (i) initialing each page, signing, and returning a copy of the Cover Letter along with the Initial Payment, if applicable, (ii) assigning us work, including continuing any previous assignment of work, or (iii) sending us a letter or e-mail clearly referencing this Agreement and agreeing to it. However, even if you accept this Agreement by methods (ii) or (iii), the Firm would appreciate it if you would confirm your acceptance by countersigning the Cover Letter and returning it to us.
An essential condition of our representation is that our only client is the person or entity identified in the accompanying Cover Letter. In the absence of an express identification of our client in the text of the Cover Letter, our client is the person or entity to whom the Cover Letter is addressed, even though in certain instances the payment of our fees may be the responsibility of others. In situations in which our client is an entity, we have addressed the Cover Letter to an authorized representative of the Client. Throughout these standard terms, “you” refers to the entity that is our Client, not the individual addressed.
Unless specifically stated in our Cover Letter, our representation of you does not extend to any of your affiliates and we do not assume any duties with respect to your affiliates. For example, if you are a corporation, our representation does not include any of your direct or indirect parents, subsidiaries, sister corporations, partnerships, partners, joint ventures, joint venture partners, any entities in which you own an interest, or, for you or your affiliates, any employees, officers, directors, or shareholders. If you are a partnership or limited liability company, our representation does not extend to the individual partners of the partnership or members of the limited liability company. If you are a joint venture, our representation does not extend to the participants. If you are a trade association, our representation excludes members of the trade association. If you are a governmental entity, our representation does not include other governmental entities, including other agencies, departments, bureaus, boards or other parts of the same level of government. If you are an individual, our representation does not include your spouse, siblings, or other family members. If you are a trust, you are our only client. The beneficiaries are not our clients, nor is the trustee in any capacity other than as the fiduciary for the particular trust in our representation. It would be necessary for affiliates, including all those listed above, to enter into a written engagement agreement with us much like this one before they would become clients and we would assume duties towards them. You should know that our engagement agreements with a number of other clients have a similar provision.
If you provide us with any confidential information of your affiliates or any other entities or individuals during our representation of you, we will treat it as your information and maintain its confidentiality in accordance with our duties to you as our Client, but you are the exclusive party to whom we owe duties regarding such information.
Except as specifically agreed by both of us, the advice and communications that we render on your behalf are not to be disseminated to or relied upon by any other parties without our written consent.
In our Cover Letter that presents these Standard Terms and Conditions to you, or in a separate Matter Acknowledgement Letter, we will specify the matter or case in which we will be representing you. Unless we agree in writing to expand the scope of our representation, an important part of our agreement is that we are not your counsel in other matters, and you will not rely upon us to provide legal services for matters other than that described in the relevant Cover Letter. For example, unless specified in the relevant Cover Letter, our representation of you does not include any responsibility for: review of your insurance policies to determine the possibility of coverage relating to this matter; for notification of your insurance carriers about the matter; advice to you about your disclosure obligations under U.S. securities laws or any other laws or regulations; or advice on tax consequences. If at any time you do not have a clear understanding of the legal services to be provided or if you have questions regarding the scope of our services, we are relying on you to communicate with us.
We will apply our professional skill, experience and judgment to achieve your objectives in accordance with the honored standards of our profession that all attorneys are required to uphold. However, we cannot guarantee the outcome of any matter. Any expression of our professional judgment regarding your matter or the potential outcome is, of course, limited by our knowledge of the facts and based on the law at the time of expression. It is also subject to any unknown or uncertain factors or conditions beyond our control, including the unpredictable human element in the decisions of those with whom we deal in undertaking your representation, and the quality of the information and evidence you provide to us.
We will endeavor to serve the Client effectively and strive to represent its interests vigorously and efficiently. Any expressions on our part concerning the costs or outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. Additionally, almost every matter, whether litigation, transactional, or an application to a governmental administrative agency, involves negotiation and/or a judgment call by one or more persons, lessening the ability of the attorneys or anyone else to predict the outcome.
Increasingly, email is becoming our preferred method of communication with Clients. It permits us to communicate more quickly and efficiently. It helps us both meet deadlines. It also helps us reduce the costs of postage, faxes and copies in your case so that legal representation remains reasonably affordable. It also allows us to attend to your inquiries from virtually any location where we can establish an internet connection and at times beyond normal business hours.
By singing this Agreement, you are authorizing us to communicate with you primarily through email instead of letters. You must provide us with an email address connected to a secure account that is inaccessible to others and refrain from emailing the Firm or accessing email from us from a computer not owned and controlled by you. Once you do, most written communication between us will be conducted electronically and not through the post office. We will routinely send you copies of letters we send to others in your case, pleadings filed on your behalf, communications we receive from other parties and other documents pertinent to your case by email, usually in .pdf format. Make sure you have the most recent version of the Adobe Acrobat Reader (which can be downloaded from the Internet free of charge) installed on your computer so that you can open any .pdf attachments we send you.
We will not provide your email address to anyone else for purposes outside of our representation of you. However, sometimes we will simultaneously copy you on an email communication we send in reply to another party to your matter.
We will strive to respond to any email that you send to our office within 24 hours or less. You can also send documents to us in .pdf format. We review our emails many times each day whether in the office or not. We ask that you respect the confidentiality of our email address, as we do yours, and not provide it to anyone else. We also ask that your communications to us by email be relevant to and limited to the matter(s) encompassed in the scope of our representation of you.
You are hiring The Victoria Law Group and not any one particular individual. To best serve you, the Firm will assemble the team of professionals best suited to your specific needs at each stage of the representation. Sometimes, these professionals are contractors who are supervised by Firm attorneys, but not employed by the Firm, and sometimes they may reside outside the United States as necessary and appropriate. As a Client, you specifically consent to the Firm’s use of these professionals.
Your responsibilities to us in each representation that you ask us to undertake include providing full, complete and accurate instructions and other information to us in sufficient time to enable us to provide our services effectively.
The Client, its officers and directors, accountants and other professionals shall assist and fully cooperate with the Firm and its attorneys at all times. The Client shall timely execute all necessary and appropriate documents that may be required in the course of our representation. The officers, directors and other professionals of the Client shall be available to appear, in person, at all required depositions, examinations, hearings, conferences and meetings. The Client shall keep the Firm informed as to their whereabouts at all times in the event the Firm or its attorneys need to contact you expeditiously.
The confidentiality of protected client information (known as “confidences” and “secrets” in some jurisdictions and as “information relating to the representation of a client” in others) will be maintained inviolate in accordance with the applicable law of professional ethics, except to the extent necessary to further your interests or as authorized by applicable law.
If we determine during the course of the representation that it is either necessary or appropriate to consult with the Florida Bar’s Ethics Attorneys, other specially designated Firm attorneys or outside counsel, we have your consent to do so and that our representation of you shall not diminish the attorney-client privilege that the Firm has to protect the confidentiality of our communications with such counsel.
While confidential communications between a client and counsel are privileged, the Client should be aware that the filing of a bankruptcy case may severely impact upon this attorney-client privilege. Specifically, if a trustee is appointed in any bankruptcy case concerning a corporate debtor, the trustee will be able to obtain from the Firm or any other counsel to the Client and disclose to others the information communicated by the Client.
Additionally, the Client should be aware that any and all communications between the Firm and Client, its directors and officers, accountants and other professionals in the scope of representation will not be subject to the attorney client privilege vis-à-vis the others.
Client herby authorizes the Firm to discreetly publish, advertise, and/or otherwise announce that Client is being represented by the Firm. Such authorization shall be limited to press releases, website postings, blogs, and other internet publications, or as otherwise needed or required by law. Such authorization may be rescinded in writing by Client at any time during the representation. Client understands that the Firm cannot force the Client to sign this publicity authorization as a condition of receiving legal services and/or making payments on any invoices outstanding. Client further understand that Client shall not be compensated in any way by the Firm for such public usage of Client’s name.
We may also prepare lists of representative transactions or other representations, excluding of course any we believe are sensitive.
The Client can terminate the Firm’s representation at any time, with or without cause, by notifying the Firm in writing. The Firm can terminate its representation at any time for good cause shown as required by the codes of professional responsibility by notifying the Client in writing. Such causes include but are not limited to: non-payment of legal fees and out-of-pocket expenses; misrepresentation or failure to disclose material facts; actions contrary to the Firm’s advice; actions contrary to the successful prosecution of your case ; conflict of interest with another client, etc.
If any such termination occurs, all original papers and property held in trust will be returned to the Client promptly. The Firm’s work product and its own files will be retained by the Firm. The termination of the Firm’s services will not affect Client’s responsibility to pay for legal fees and out-of-pocket expenses incurred prior to the date of termination.
After receiving such notice, we will cease to render services to you as soon as allowed by applicable law and ethical and/or court rules, which may include court approval of our withdrawal from litigation. Your termination of our services will not affect your responsibility for payment of legal services rendered and other charges incurred both before termination and afterwards in connection with an orderly transition of the matter, including fees and other charges arising in connection with any transfer of files to you or to other counsel, and you agree to pay all such amounts in advance upon request.
Prior to the execution of this Agreement, the Firm has conducted a conflict search to determine whether the Firm has any conflict of interest in representing you. Even though the Firm has tried to conduct the most complete conflict search possible to determine whether the Firm has any conflicts of interest in representing you, there is always a risk that a conflict has been overlooked. You agree that the Firm has the right to withdraw from its representation of you if continuing the representation might preclude its continuing representation of existing clients on matters adverse to you or if there are any circumstances even arguably raising a question implicating professional ethics, for example, because a question arises about the effectiveness or enforceability of this engagement agreement, or a question arises about conduct addressed by it, or an apparent conflict is thrust upon the Firm by circumstances beyond its reasonable control, such as by a corporate merger or a decision to seek to join litigation that is already in progress, or there is an attempt to withdraw consent.
In any of these circumstances, you agree that the Firm would have the right to withdraw from the representation. Regardless of whether you or we terminate the representation, we would (with your agreement) assist in the transition to replacement counsel by taking reasonable steps in accordance with applicable ethical rules designed to avoid foreseeable prejudice to your interests as a consequence of the termination. You agree that regardless of whether you or we terminate the representation (A) we would be paid by you for the work performed prior to termination; (B) our representation of you prior to any termination would not preclude the Firm from undertaking or continuing any representation of another party; and (C) as a result of the Firm’s representation of another party you would not argue or otherwise use our representation of you prior to any termination to contend that the Firm should be disqualified.
Although the Client’s respective interests within the scope of this representation do not appear to presently conflict with the Firm’s existing clients, the possibility of conflict always exists when the Firm is retained by multiple clients. If such a conflict does arise, the Firm might be required to withdraw from representing the Client in this matter.
Likewise, please be sure to disclose all parties who are or might be affected through our engagement. If we discover a conflict at any time in the future we will immediately advise you in order to determine how to proceed.
Because of the broad base of clients that The Victoria Law Group represents on a variety of legal matters, it is possible that you may find yourself in a position adverse to another Firm client in counseling, litigation, business negotiations, or some other legal matter in which we do not represent you. Accordingly, following an insurer’s recommendation we adopted the following model language recommended:
You agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you even if the interests of such clients in those other matters are directly adverse to your interests or might be deemed to create a material limitation on our representation of you. We agree, however, that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a non-public nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage. In similar engagement agreements with a number of our other clients, we have asked for similar agreements to preserve our ability to represent you.
When we complete the specific services you have retained us to perform, our attorney-client relationship for that matter will be terminated at that time regardless of any later billing period. To eliminate uncertainty, our representation of you ends in any event whenever there is no outstanding request from you for our legal services that requires our immediate action and more than six (6) months (180 days) have passed since our last recorded time for you in the representation, unless there is clear and convincing evidence of our mutual understanding that the representation has not come to an end. After termination, if we choose to perform administrative or limited filing services on your behalf, including but not limited to receiving and advising you of a notice under a contract, lease, consent order, or other document with continuing effect, or filing routine or repeated submissions or renewals in intellectual property or other matters, or advising you to take action, our representation of you lasts only for the brief period in which our task is performed, unless you retain us in writing at that time to perform further or additional services. After termination, if you later retain us to perform further or additional services, our attorney-client relationship will commence again subject to these terms of engagement unless we both change the terms in writing at that time. Following termination of our representation, changes may occur in applicable laws that could impact your future rights and liabilities. Unless you actually engage us in writing to provide additional advice on issues arising from the matter after its completion, the Firm has no continuing obligation to advise you with respect to future legal developments.
During or following our representation of you, we will be entitled to recover from you fees for any time spent and other charges, calculated at the then applicable rates if we are asked to testify or provide information in writing as a result of our representation of you or any legal requirements, or if our records from our representation of you are demanded, or if any claim is brought against the Firm or any of its personnel based on your actions or omissions (in addition to any other costs involving the claim), or if we must defend the confidentiality of your communications under the attorney-client or any other legal professional privilege (in which case we will to the extent that circumstances permit make reasonable efforts to inform you of the requirement made upon us and give you the opportunity to waive privilege).
It is typically the Firm’s policy to require advance payments before the Firm renders services for new Clients or on new matters. The payments are generally divided into two categories: (1) Legal Fees, and (2) Costs and Expenses.
Legal Fees are those professional services fees earned by the Firm during the rendering of the Client Matters. Generally, it is the policy of this Firm to hold a fee retainer held in trust account to be applied to the last month’s billing (the “Fee Retainer”), with all monthly bills rendered due and payable upon receipt. However, for some legal services such as a flat or fixed-fee matter, the Firm will bill its legal services against the Fee Retainer. As the Fee Retainer is used by the Firm for payment of ongoing legal services, the Client will replace it upon request of the Firm. Legal Fees are considered earned when received.
Sample Legal Fees
Items The Victoria Law Group Does Not Bill or consider Fees
Costs and Expenses are all out-of-pocket costs and expenses spent by the Firm during the representation of Client Matters, including but not limited to court costs, transcripts of depositions, private investigators, travel expenses, legal research fees, and other items as indicated below. Generally, it is the policy of this Firm to hold a cost deposit in the Firm’s Client Trust Account (the “Cost Deposit”). It is agreed by the Parties that the Client will pay all Costs and Expenses. The Firm will bill for all costs and expenses against the Cost Deposit. Once the initial Costs Deposit is exhausted, the Client will be required to replenish it and, under all circumstances, is responsible for all costs incurred by the Firm on behalf of the Client.
Sample Costs and Expenses
Value-Based Fixed Fee: Some legal services are better represented by a flat or fixed-fee arrangement. Under a Value-Based Fixed Fee arrangement, the Firm will bill its legal services against a Value-Based Fixed Fee Deposit and will not charge additional Fees or Costs and Expenses. The Value-Based Fixed Fee Deposit is used by the Firm for payment of ongoing legal services for the matter at hand.
In addition, if your account becomes delinquent and satisfactory payment terms •are not arranged, we may postpone or defer providing additional services or withdraw, or seek to withdraw, from the representation consistent with applicable rules. You will remain responsible for payment of our legal fees rendered and charges incurred prior to such withdrawal.
If our representation of you results in a monetary recovery by litigation or arbitration award, judgment, or settlement, or by other realization of proceeds, then (when permitted by applicable law) you hereby grant us an attorneys’ lien on those funds in the amount of any sums due us. We look to you, the Client, for payment regardless of whether you are insured to cover the particular risk. From time to time, we assist clients in pursuing third parties for recovery of attorneys’ fees and other costs arising from our services These situations include payments under contracts, statutes or insurance policies. However, it remains your obligation to pay all amounts due to us before expiration of 30 days from the date of our statement unless a different period is established in a Cover Letter.
Contingency Fee: A contingency fee arrangement is one in which there is typically either no or minimal out-of-pocket costs to the Client.
If employed, the contingency fee shall be charged in the form of contingent compensation in accordance with the Rules Regulating the Florida Bar, set forth in subdivision (f)(4), which allows for a contingent fee arrangement as agreed upon by the Client and the Attorney.
The Firm’s obligation to continue rendering legal services and advancing this matter to trial is dependent upon: (a) the Client being 100% current
Each attorney and other legal professionals of the Firm will record the time devoted to this matter and his/her hourly rate in effect for this matter.
The Firm offers a variety of hourly rates and services so that we can provide the most cost efficient and thorough services to the client at fees which are competitive with our peers and reasonable for the client. A “day rate” will be used for matters which require members of the Firm to commit the full day to the Client Matter(s) which may and often do include travel.
Our hourly rates may be adjusted periodically and, when adjusted, those changes will be effective for all matters from and after the effective date. As a general rule, however, all increases take effect on January 1. The Firm will notify the Client in advance of any such changes.
If applicable, our Firm will provide legal services to the Client and bill you for those services on a monthly basis depending on the fees accumulated to that point in the billing cycle in relation to the Initial Payment retained, if any. The Firm will send statement indicating attorney’s fees and costs incurred and their basis, as well as any amounts applied to the Initial Payment, if any, and any current balance owed. If no fees or costs are incurred for a particular billing period, or if they are minimal, invoices may be held and combined with the invoice for a subsequent billing period.
When the Firm represents a client in litigation and a money judgment is obtained, the Firm may, at its option, take the Firm’s outstanding fees and disbursements from the money judgment. If the Firm represents the Client on more than one matter, the Firm reserves the right to apply balances from one matter against other matters.
In the event the Firm deems it necessary to employ additional experts or professionals with specialized skills (e.g., accounting, appraisals, etc.), then, after consultation with and the consent of the Client, additional experts or professionals may be employed by the Firm. The Firm will employ experts or professionals in the name of the Client, or, at the discretion of the Firm, in the Firm’s name on behalf of the Client. The Client is responsible to pay the fees and statement. The Firm reserves the right to request and obtain an additional retainer to defray the fees and costs of experts or professionals employed in connection with a client matter. All fees and costs of additional experts or professionals shall be subject to the security, interest and other applicable provisions of this Agreement.
We have relationships with selected other independent law firms with offices in locations outside the United States where we do not have a Firm office. These include a network of independent firms that share resources and work together to serve clients. Unless we actually form an attorney-client relationship with a client of such a selected independent law firm, such a party is not our client for any purpose, including conflicts of interests. In many cases we share revenues and expenses with such firms in a mutual relationship designed for multiple matters on a continuing basis over a substantial period of time. We will not increase our fee to you for the purpose of recovering any amounts paid to the network or shared with another law firm. Other law firms with which we have relationships, whether or not part of the network, are required to observe the same restriction.
We provide several convenient methods of payment as explained in Appendix III. Further, if you would like to receive your invoice by regular U.S. Mail or fax, we can also accommodate your preference. For Client’s convenience, Attorney has created a portal through LawPay, a safe and secure credit card portal designed for lawyers, allowing Client to pay bills and replenish retainers online. Client shall not be charged any fee for credit card use, and no fees are deducted from funds deposited into Attorney’s trust account
You will be responsible for any applicable VAT or other sales tax that any jurisdiction may impose on our fees and other charges for this representation.
All invoices are due and payable upon receipt. A monthly late fee or interest charge will be added for late payments of fees and/or costs which are not paid within thirty (30) days. On the first day of each month, the balance of any invoice then unpaid for more than one (1) month will be subject to a charge of one and one-half percent (1-1/2%) per month or a minimum of $50.00 per pay period, whichever is greater. In no event will the rate be greater than the highest rate permitted by applicable law. If invoices are not paid within the terms agreed between the Firm and the Client, the Firm will have the right to immediately withdraw from further representing the Client. The Client hereby agrees to release the Firm from any further obligation to proceed or from any liability that may result should the Firm elect to withdraw as set forth in this paragraph.
The Firm’s invoices generally will be prepared and E-mailed during the month following the month in which services are rendered and costs advanced.
In the event of a fee dispute which is not readily resolved, the Client has the right to request arbitration under the Florida Bar rules, and the Firm agrees to fully participate in that process.
Sometimes another party agrees to pay our client’s legal fees and costs, or a court may order our client’s adversary to pay all or part of its fees and costs. Any amounts received from others will be credited to the Client’s account. The Firm has the right to receive the higher of an amount awarded by the Court or its hourly fees. Please note, due to U.S. government policy, we do not accept third party payments or “casa de cambio” payments for foreign clients.
Florida law provides the Firm with the right to impose a lien upon documents, money and other intangibles and materials coming into possession by the Firm to secure the payment of its fees and expenses. This retaining lien, as well as appropriate charging liens, may be asserted by the Firm in appropriate circumstances.
Attorney will have a lien for Legal Fees and Costs advanced on all claims and causes of action that are the subject of this representation of Client under this agreement and on all proceeds of any recover obtained (whether by settlement, arbitration award, or court judgment).
In the unlikely event that it is necessary to institute legal proceedings to collect the Firm’s fees and costs, the prevailing party with respect to a claim for the collection of the Firm’s collection, even if such services and costs are provided by the Firm, including fees and costs for trial and appeal. The Client specifically understands that this prevailing party provision regarding the award of attorney’s fees and costs only applies for claims for the collection of the Firm’s attorneys’ fees and costs, and does not apply to any other claim that either party may assert against the other.
We will comply with applicable data protection laws and regulations for any personal data which you provide to us; and we will assume that you have complied with your own similar obligations. We may process your personal data to enable us to provide you with legal and related services, for administrative purposes, and to comply with laws and regulations.
We may share the personal data you provide to us with some or all of our affiliated relationships around the world and with other third parties who provide services to us or on your behalf, provided that on each occasion we take steps to ensure that the data is reasonably safeguarded.
Client is aware of and consents to the retention, maintenance, and storage of client’s information and records relating to this matter in the following forms and locations: Paper (in office and/or storage files); electronic (e.g., computer, handheld devices for email, fax, and via the Internet using cloud storage); or other like mediums. The Firm will endeavor to take all steps necessary to preserve and maintain the confidentiality of all Client information and records, however, Client recognizes and agrees that such information and records are subject to unauthorized access outside the control of the Firm, and agrees to hold the Firm harmless from any non-Firm caused breaches of confidentiality of Client information and records.
The Firm may store electronic files on a variety of platforms, including on third-party cloud based servers. You specifically consent to the Firm’s use of these services for document storage and management.
The Firm maintains a privacy policy as to social security numbers and other private information as defined by law. Social security numbers and driver’s license numbers are only used as needed and as required by law. These private numbers are used to identify parties, whether for initial service of court documents, for certain court orders, in required reports filed within specific jurisdictions, including Federally, or for other required purposes. All private numbers, including but not limited to accounts, health data, and other identifying data protected by law received from a Client, are, and remain, confidential, and are not released from the Firm unless authorized by the Client or required by law. The employees of the Firm have access to this personal information but shall not release it without attorney authorization. Every step is taken to protect your privacy. Your information is kept secure within the Firm in file folders, file drawers, computers, and in the Cloud until such time that the file information is retired and the file removed to storage in computer files, or a locked storage facility, or is destroyed. Client information will eventually be shredded or securely deleted per the Firm’s file disposition policies.
We will maintain any original documents you furnish to us in our client files for this matter. At the conclusion of the matter (or earlier, if appropriate), your papers and property will be returned to you promptly upon receipt of payment for outstanding fees and other charges. Your documents will be turned over to you in accordance with ethical requirements and subject to any lien that may be created by law for payment of any outstanding fees and costs. Paper copies will be shredded and/or recycled. All original documents are the responsibility of the Client. If you ask us to return or transfer your files, we may keep a copy of your file, typically electronically. We will retain our own documents and files, including our drafts, notes, internal memos, administrative records, time and expense reports, billing and financial information, accounting records, conflict checks, personnel materials, and work product, such as drafts, notes, internal memoranda, and legal and factual research, including investigative reports, and other materials prepared by or for the internal use of our lawyers. All such documents retained by the Firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage charges, we have the right to destroy or otherwise dispose of any such documents or other materials retained by us unless applicable law mandates a specific period for preservation of documents, or unless a different period is specified in a special written agreement signed by both of us.
At the conclusion of this matter, Client is advised that all matters in the Client’s file shall be returned to Client upon request. Client is further advised to retain all confidential information or original documents from the Firm’s file. Client otherwise authorizes the Firm to destroy in a secure manner the information contained in the Firm’s file after four years from the date the legal service is completed. If you want a copy of your file at any time, we shall deliver it to you in the same format in which the file is maintained in our office. If you desire paper copies of files or data which we have solely maintained in digital format, we will either provide you the digital copies as well as making you the paper copies at an additional expense, or cooperate in delivering your digital file to a copy printing service of your choice so that your selected copies may be made at your expense.
During our representation of you, we will be sending you copies of all important contracts, pleadings, letters, notices, and other material that we believe you should review. Our office strives to maintain these documents in digital (paperless) format, so more often these copies shall be in digital format (PDF or access to secure storage), for ease of retention and portability. You should have a secure place to keep these documents. If you need additional paper copies at any time, we can make those at your expense for our normal copy fees, or cooperate in sending the data to the secure copy service of Client’s choice. Clients may control such costs by keeping digital copies. Should you believe your particular file requires encryption, you should advise us of the form of such encryption. If our office is required to secure encryption software specifically for your case, the cost of that software shall be included in your bill.
In the event that any provision or part of this Agreement, including any letters, appendices, addendums, or exhibits expressly stated to be part of the Agreement, should be unenforceable under the law of the controlling jurisdiction, the remainder of this agreement shall remain in force and shall be enforced in accordance with its terms.
Unless expressly superseded by explicit reference the sections “Who is our Client” and/or “Conflicts of Interest” are fully effective notwithstanding another provision in case of any duplication and to the fullest extent possible in case of inconsistency.
The Firm may store electronic files on a variety of platforms, including on third-party cloud based servers. You specifically consent to the Firm’s use of these services for document storage and management. A party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect the validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement by that party or any other party.
This Agreement may be amended at any time by mutual consent of the parties hereto, with any such amendment to be unenforceable unless in writing, signed by the Firm and the Client.
This Agreement shall be governed for all purposes by the internal law of the State of Florida, without regard to provisions applicable to conflict of laws. If any provision of this Agreement is declared void, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect.
Any dispute resolution proceeding arising from or relating to this Agreement shall be instituted only in Miami-Dade County, Florida, the place where the Client agrees this Agreement shall be deemed to have been executed. Each party hereto submits to the exclusive jurisdiction of the State Courts of the State of Florida.
We look forward to a mutually satisfying relationship with you. If you have any questions about, or if you do not agree with one or more of these terms and conditions, please communicate with your principal contact at the Firm so that we can try to address your concerns. Your principal contact can recommend changes that will be effective once you receive written notice of approval of any revisions. Thank you.
Our ideal clients are great people. People, not multinational corporations, people. And by great people we mean people who believe in integrity and practice it every day, rich, poor, or middle class.…
The Victoria Law Group consists of competent and dependable attorneys and legal professionals who are highly knowledgeable in the field of real estate law. Our team of legal professionals has assisted several residential and commercial clients with various legal matters associated with real estate including but not limited to the preparation and revision of contracts, acquisition of properties, refinances, foreclosures, deeds-in-lieu of foreclosure, short sales, landlord tenant disputes, eminent domain, leasing as well as enforcements and evictions.
There is no case too complex for The Victoria Law Group to handle. We understand Miami Real Estate; we were built for Miami Real Estate. We know how important the real estate industry is to the global economy and we work hard to provide our clients with the best solution for all their legal needs.
Representation in our Real Estate Practice Area includes sales, leases, title insurance and other transactions in addition to structuring complex sale and acquisition agreements and negotiating and closing complex mortgage financing on behalf of lenders and developers.
