This Legal Services Agreement (this “Agreement”) is entered into by and between Trevor Caudle Law Practice, PC, a California professional law corporation (“Attorney”) and the person and/or company identified in the signature block at the end of this Agreement (“Client” or “you”). Client and Attorney are collectively referred to herein as the “Parties” or individually as a “Party.” The Parties hereby agree as follows:
1. CONDITIONS. This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until the Parties exchange signed copies of this Agreement.
2. SCOPE OF SERVICES. Client hires Attorney to work on the following tasks:
- Takeover (a) the prosecution of a single USPTO Trademark Application, OR (b) the renewal of a single USPTO Trademark Registration (as appropriate under the circumstances), for the Flat Fee of $1.00 ("Flat Fee") each. Client will pay any and all USPTO costs directly, however, in the event that Attorney advances any costs on behalf of Client, Attorney will include a 10% surcharge on such advanced sums. The services do not include any litigation or handling of disputes whatsoever including, but not limited to, responding to any Opposition filed by any third party in relation to Client’s trademark application(s). In the unlikely event that Client’s USPTO Trademark Application receives an Office Action containing a substantive refusal to register including, but not limited to, a “2(d) likelihood of confusion” refusal or a tentative refusal based on a prior pending application, and Client desires that Attorney submit a formal written response to the same, then any time expended in the preparation of such formal response will be billed to Client at the reduced hourly rate of $295 per hour. No further tasks will be completed for Client absent a further written agreement.
3. ATTORNEY’S DUTIES. Attorney will provide those legal services reasonably required to represent Client in the matter as set forth in Paragraph 2. Trevor A. Caudle, Esq. will likely handle most of this work on Client’s behalf, however Trevor Caudle Law Practice, PC necessarily must retain complete discretion in assigning the work within the firm.
4. CLIENT’S DUTIES. Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay Attorney’s bills on time, and to keep Attorney advised of Client’s address, telephone number and email address at all times. Further, the individual person executing this Agreement certifies, affirms, and agrees that they are either the owner of the Trademark Application or Registration that is the subject of this Agreement, or that they have the legal authority to speak for, act on behalf of, and bind the owner of the Trademark Application or Registration that is the subject of this Agreement.
5. FLAT FEE AND DEPOSIT: Client agrees to pay the Flat Fee for Scope of Services set forth at Paragraph 2 above prior to the commencement of services. This Flat Fee is fixed and does not depend on the amount of work performed or the results obtained. Client acknowledges that this fee is negotiated and is not set by law. The Flat Fee, upon payment, becomes the property of Attorney and need not be deposited into the Attorney/Client trust account. Either party may terminate the representation at any time, subject to Attorney’s obligations under the Rules of Professional Conduct. If either party terminates the representation before Attorneys have provided all legal services described in this Agreement, Client may be entitled to a refund of all or part of the Flat Fee based on the value of the legal services performed prior to termination.
6. CONSENT TO USE OF E-MAIL AND CLOUD SERVICES. In order to provide Client with efficient and convenient legal services, Attorney will frequently communicate and transmit documents using e-mail. Because e-mail continues to evolve, there may be risks communicating in this manner, including risks related to confidentiality and security. By entering into this Agreement, Client is consenting to such e-mail transmissions with Client and Client’s representatives and agents. In addition, Attorney uses a cloud computing service with servers located in a facility other than Attorney’s office. Most of Attorney’s electronic data, including emails and documents, are stored in this manner. By entering into this Agreement, Client understands and consents to having communications, documents and information pertinent to the Client’s matter stored through such a cloud-based service.
7. SIGNATURES. The Parties agree that facsimile and electronic signatures (including via DocuSign or similar) on this Agreement may be considered the same as originals.
8. RIGHT TO SEEK INDEPENDENT LEGAL ADVICE. You have been advised of the right and afforded the opportunity to seek legal advice from independent legal counsel of your choice regarding the provisions of this Agreement before entering into it.
Client:
Dated: {todaysDate}
Name: {name}
Company Name (if any): {companysName}
Street Address: {address}
Telephone: {phoneNumber}
Email: {email}
Attorney:
Dated: {todaysDate}
Name: Trevor A. Caudle, Esq.
On behalf of: Trevor Caudle Law Practice, PC