ATTORNEY-CLIENT AGREEMENT
This ATTORNEY-CLIENT AGREEMENT (Agreement) is entered into, by and between Ramchand & Raval, P.C., a New York Processional Corporation (“Attorney”) and Client (named below in the signature block) (“Client”).
1. ATTORNEY REPRESENTATION: Attorney agrees to use due diligence in furthering Client's best interests under the laws in any matter in which Attorney is representing Client pursuant to this Agreement. Attorney makes no guarantee of the outcome of any representative matter. Client agrees to: (1) cooperate with Attorney and to secure the cooperation of other relevant parties (2) provide documents, fees, and information in a timely and accurate manner, such that Attorney has sufficient time to review such documents and information and prepare and file the case (3) continue to provide timely updates to Attorney on any issue that may impact the case, and (4) continue to provide copies of relevant documents to Attorney in a timely manner which Client receives from any government agency or any other party. Client acknowledges that failure to do so may have an adverse impact on the outcome of the case. Any templates, samples or other intellectual property provided by Attorney to client shall be used solely for cases filed by client through attorney. Client shall not disseminate such items to other attorneys or third parties.
2. MODIFICATION: Any modification of this Agreement and any fee schedule must be in writing and signed by Client and Attorney; Client and Attorney may also agree to Client’s incurring of any costs/expenses/fees/Attorney Fees via fax or e-mail.
3. PRIOR AGREEMENTS: This Agreement constitutes the complete understanding between Attorney and Client and supersedes all prior or contemporaneous documents, agreements, negotiations, discussions or representations between the Attorney and Client on the subject matter.
4. EFFECTIVE DATE: This Agreement shall become effective on the date it is signed by both Client and Attorney.
5. WITHDRAWAL AND TERMINATION: If Client withdraws (or asks Attorney to withdraw) a case or withdraws attorney's representation in any case, any time after: (a) Attorney has submitted forms, filings or petitions to USCIS /Department of Labor (or other governmental agency, judicial body or tribunal) or (b) Attorney has completed legal work/forms in the matter but submission of the forms, filings or petitions to USCIS /Department of Labor (or other governmental agency, judicial body or tribunal) is pending, then Attorney's representation in such matter is deemed complete, and Client must immediately, without demand, pay the full Attorney Fees for the matter as per the relevant Fee Schedule, plus any costs, expenses and/or fees incurred as per Section 10 (“Costs”). Should Client perpetuate any illegality, is non-cooperative, breaches any term of this Agreement, fails to make timely payment of Attorney Fees or Costs due for any matter, or makes any misrepresentations to Attorney, then Attorney may terminate representation of any matter immediately and shall return unbilled-prorated attorney’s fees (if any). If Client is found ineligible for immigration benefits, if Attorney or Client withdraws/terminates Attorney’s representation pursuant to this Agreement, or Client decides not to move forward with a matter covered by this Agreement, before (a) or (b) listed above in this Section 5 occurs, then Client shall pay Attorney a prorated portion of the Attorney’s Fees as stated in relevant Fee Schedules, based on the amount of work completed by Attorney. Either party may terminate this Agreement by giving the other party at least 30 days written notice of such termination. Any amounts due to Attorney for Attorney Fees and Costs incurred on Client’s behalf, for work done prior to withdrawal or termination date shall become immediately due and payable on the date of such withdrawal or termination.
6. GOVERNING LAW AND CHOICE OF VENUE: This Agreement shall be governed by laws of New York state, without regard to the conflicts of laws principles. Except as provided in Section 19 of this agreement, any dispute shall be submitted for litigation in the state courts of New York.
7. SEVERABILITY: In the event that any provision of the Agreement is declared unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of any other provision of the Agreement.
8. WAIVER: An effective waiver under this Agreement must be in writing, signed by the party waiving its right. A waiver by any party of any instance of the other party’s noncompliance with any obligation or responsibility under this Agreement shall not be deemed a waiver of subsequent instances.
9. HEADING: The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.
10. OTHER COSTS: Client agrees to pay all government filing fees at the time of filing. All USCIS filing fees are subject to change without notice and are posted on the USCIS website. Client agrees to pay mail and courier costs (e.g. USPS, UPS, FedEx or other courier) incurred by Attorney in this matter, an estimate is provided in the fee structure schedule attached. Should Client request files from Attorney, Client agrees to pay reasonable fees for copying, mailing or transmitting all or part of Client’s file. Client agrees to pay all fees and costs for third party services involved in this matter (such as fees for translation of documents, evaluation of educational degrees, medical examination and tests, DNA testing, expert opinion or testimony, advertisements for PERM filings, advertisements for H1B, etc.). Attorney is authorized by Client to incur Costs that Attorney deems to be reasonable, in the preparation and/or filing, for which Client shall be responsible to Attorney. If Attorney advances any Costs on behalf of Client then Client shall immediately reimburse Attorney.
11. CONSENT TO RELEASE INFORMATION: Since Client desires that Attorney represent Client in matters listed in Fee Schedules, as such, attorney may have to release (without notification to Client) to Beneficiaries, experts, government agencies, or other relevant third parties, certain information about Client that Client has revealed to Attorney and Client consents to such release.
12. FORCE MAJEURE: Neither party to this Agreement shall be liable for non-performance of any obligation under this Agreement if such non-performance is caused by a Force Majeure however, such obligation shall be promptly performed upon the end of such Force Majeure. “Force Majeure" means an unforeseeable cause beyond the control of the party claiming Force Majeure, including, but not limited to, fire, flood, other severe weather, acts of God, labor strikes or labor interruption, interruption of utility services, interruption of postal or courier services, illness, war, acts of terrorism, and other unforeseeable events or accidents. Attorney is not responsible for any non-delivery or delay of a scheduled delivery of any application, petition or document or case, by any postal or courier services, which is considered to a Force Majeure for the purpose of this Agreement.
13. ASSIGNMENT: This Agreement, including any rights and obligations herein, cannot be assigned or delegated by any party without the prior written consent of the other party, whether by operation of law or otherwise. This Agreement shall be binding upon the parties hereto, and their successors and assigns.
14. SCOPE AND DUTIES: Client retains Attorney to provide legal services on an hourly basis begining with an initial consultation. Client requests Attorney undertake such representation, however, Attorney reserves the right to refuse to represent the Client in any matter.
15. ATTORNEY'S FEES: The Attorney fees for the initial consultation are $175 per 30 minutes billed in 1 minute increments thereafter. These fees are nonrefundable. Client shall pay Attorney Fees and/or Costs for each case that Client authorizes Attorney to work on, regardless of the outcome of such case and regardless whether such case is selected in any selection process/lottery that it may be subject to under applicable laws or regulations. Attorney is authorized by Client to disburse funds in Client’s trust account to pay outstanding accounts payable for any of Client’s matters (including but not limited to Attorney Fees and/or Costs). Attorney’s fees may increase. Attorney is not obligated to inform Client of any fee increase. All Attorney’s fees are due upon the earlier of either (1) date that Client authorizes services per Section 16 (“Authorization”) or (2) Attorney invoices Client. All Costs are immediately due upon Attorney’s request of such expenses being incurred. This Section shall survive the termination or expiration of this Agreement.
16. AUTHORIZATION: For the services covered by this Agreement, Client shall authorize attorney by e-mail or fax each time or for each beneficiary that Client desires Attorney to provide services listed in Fee Schedules, and the Attorney Fees stated in the Fee Schedules shall apply and become due and payable (according to terms and conditions of this Agreement) each time Client so authorizes Attorney to provide these services.
17. COLLECTION: In addition to all other sums due, Client also agrees to pay all costs and expenses incurred by Attorney by reason of Client’s failure to pay any portion of any amount due by Client under this Agreement, such as the Attorney Fees, late fees and/or Costs (including but not limited to the following costs and expenses related to the collection: attorney's fees, collection costs and legal/court expenses). The rights and remedies in this Agreement are cumulative, not exclusive, and are in addition to any other rights and remedies available to Attorney at law or equity. This Section shall survive the termination or expiration of this Agreement.
18. PRIVACY: Except for any claims or actions by Attorney for non-payment of legal fees, late fees, or other costs and expenses, and/or to withdraw from representation, or the ability of the Attorney to (a) act as and identify himself as an authorized representative of the Client or (b) to defend against any claim or action, the Parties shall not discuss the terms and conditions or services provided under this Agreement, with any other person or entity, or on social media, the internet, or on chat groups, without prior written consent from the other party. In order to maintain the confidentiality contemplated herein, in the event mediation, arbitration or litigation arises out of this Agreement or the services of the Attorney, the Parties, their legal counsel, their heirs and representatives agree to make best efforts to maintain such confidentiality as is intended by this Agreement, including, but not limited to, using pseudonymous pleadings, requesting that all court records be sealed, requesting the court to invoke gag orders, and requesting that the court maintain the confidentiality of the identity of Parties and the nature of any of the proceedings throughout its procedures and in conducting hearings.
19. MEDIATION AND ARBITRATION: Except for any claims or actions brought by Attorney for: (a) non-payment of legal fees, late fees, or other costs and expenses, (b) to withdraw from representation, and/or (c) any issues related or arising from to Section 18 (Privacy) of this Agreement, the Parties hereto agree as follows: (A) to mediate any dispute or claim arising between them out of this Agreement or any service provided by the Attorney through mediation before resorting to arbitration or court action. Mediation fees shall be divided equally among the Parties involved, and each party shall bear their own attorney costs for the mediation, (B) in the event the Parties fail to resolve their dispute through mediation, then the Party making the claim must initiate an arbitration proceeding to resolve the controversy prior to filing any court action. Any such arbitration shall be conducted according to the procedures and rules set forth by the New York law on arbitration and shall be binding. Arbitration fees shall be divided equally among the Parties involved, and each party shall bear their own attorney costs for the arbitration, and (C) should any Party file an action in any court of law prior to initiating mediation and then arbitration as provided for herein, the other Party may file a motion for staying the court action until the mediation and then arbitration, as agreed to herein, is first undertaken and/or to dismiss the court action, and all court costs, legal costs and attorney fees of the Party filing such motion(s) shall be paid by the Party who filed the action in court.
20. JOINT REPRESENTATION: Client hereby acknowledges and certifies that Client understands that Attorney may provide joint representation to both the petitioner and the beneficiary in a matter and/or to multiple beneficiaries. Client further acknowledge that Attorney has fully explained to Client the potential problems that may arise from joint representation, including but not limited, to potential problems associated with Conflict of Interest and Confidentiality issues. Client understands that in the event that a conflict arises, Attorney may no longer be able to represent one or more parties in this matter, and further Client may be required to retain separate attorneys and incur the costs of retaining such separate attorneys. Client further understands that Attorney may disclose client-information and documents to the petitioner or other parties in this matter. With full knowledge and understanding, Client, hereby agrees to waive any rights that Client may have against the Attorney regarding such joint representation.
21. EXECUTION: Counterparts. This Agreement may be electronically executed and may be executed in counterparts by the parties hereto.
22. NOTICES: Any notices to be given hereunder by either party to the other may be made either by registered or certified mail, postage prepaid with return receipt requested, and shall be addressed to the parties at the Addresses listed below. Either party may change their address by written notice in accordance with this Section.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered by their duly authorized officers as of the effective date.