LEGAL SERVICES AGREEMENT
This Legal Services Agreement (“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 (referred to herein as “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 (1) the Parties exchange signed copies of this Agreement; and (2) any required deposit has been tendered.
2. SCOPE OF SERVICES. Client hires Attorney to complete the following tasks on a “Flat Fee” basis:
Research, apply for, and prosecute a single USPTO Trademark Application for the Flat Fee of $970.00, excluding any and all USPTO filing fees (hereinafter the "Flat Fee"), and with the possible surcharge described as follows: 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 an hourly rate not to exceed $485 per hour. 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 with the USPTO in relation to Client's trademark application(s). 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 your 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(s) that is/are 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(s) that is/are 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. 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 fee shall be paid by Client at the time of execution of this Agreement. Client further acknowledges Client’s right to require that this fee be held in a designated attorney-client trust account until the fee has been earned. Pursuant to California Rule of Professional Conduct 1.15(b), Client agrees that this fee may be deposited in Attorney’s operating 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. CONTRACTUAL ARBITRATION OF FEE DISPUTE OR MALPRACTICE CLAIMS. Any dispute between the Parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and/or costs charged under this Agreement (except as provided below) shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person to hear and determine the dispute. The arbitration provider shall be the American Arbitration Association (also known as “AAA”) whose rules shall govern the arbitration. Each party shall bear its own costs, expenses, attorney’s fees and an equal share of the arbitrators’ and administrative fees. The venue for the arbitration and any post-award proceeding to confirm, correct or vacate the award shall be the City and County of San Francisco, California. Client and Attorney confirm that they have read and understand the above, and voluntarily agree to binding arbitration. In doing so, Client and Attorney voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client may consult with an independent lawyer of Client’s choice to review these arbitration provisions, and this entire agreement, prior to signing this Agreement.
Notwithstanding the preceding, the Parties acknowledge that in any dispute over attorney’s fees, costs or both subject to the jurisdiction of the State of California over attorney’s fees, charges, costs or expenses, Client has the right to elect arbitration pursuant to procedures as set forth in California Business and Professions Code Sections 6200-6206 (the Mandatory Fee Arbitration Act). If, after receiving a Notice of Client’s Right to Fee Arbitration, Client does not elect to proceed under the Mandatory Fee Arbitration Act procedures by failing to file a request for fee arbitration within 30 days, any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in the previous paragraph. Arbitration pursuant to the Mandatory Fee Arbitration Act is non-binding unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. The Mandatory Fee Arbitration Act procedures permit a court trial after non-binding arbitration, or a subsequent binding contractual arbitration if the parties have agreed to binding arbitration, if either party rejects the award within 30 days after the award is mailed to the parties.
7. 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.
8. SIGNATURES. The Parties agree that facsimile and electronic signatures (including via DocuSign or similar) on this Agreement may be considered the same as originals.
9. 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.
I/WE HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. CLIENT HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AND ATTORNEY’S EXECUTION THEREOF.
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