BEMA’S TERMS AND CONDITIONS
. GENERAL PROVISIONS:
2.1 Exceptions To Attorney-Client Confidentiality: Law Firm is under no obligation to maintain client loyalty or confidentiality in the event a client commits an illegal, unethical, or wrongful act against Law Firm.
2.2 Verification of Identity: Client agrees to cooperate with Law Firm in verifying Client’s identity and Client shall provide a valid driver’s license, state issued identification, passport, or equivalent document. Law Firm may terminate any representation of Client if Client’s identity cannot be sufficiently verified.
2.3 Proof of Representative Capacity and Authority: Where any individual claims to be an authorized agent of an entity Client, that individual must provide sufficient proof of representative capacity and the authority to act on behalf of the entity. The sufficiency of proof shall be determined solely by Law Firm.
2.4 Updated Contact Information: It is the sole responsibility of Client to provide Law Firm with valid and current contact information where Client can reasonably be reached including a complete mailing address, phone number, and email. Law Firm has no responsibility to attempt to locate Client or verify Client’s contact information. All correspondence including notices sent to the most recent address provided by Client is considered received, regardless of actual receipt, on the second day after the day notice is mailed. If sent by email, all correspondence is considered received immediately. Where Client fails to provide a valid mailing address or email to Law Firm, all written notice is waived. Except when prohibited by law, any notice required to be sent by mail may instead be sent by email with the same legal effect as if sent by mail.
2.5 Confidential Communications / Joint Representation: Law Firm is required to maintain confidentiality in its relationship with Client. However, it is the responsibility of Client to provide Law Firm with secure means of communicating with Client to maintain this confidentiality. These means include but are not limited to: phones where Law Firm can leave messages, a secure email account or file sharing portal, fax number for Law Firm to fax sensitive documents, mailing address that will sufficiently conceal the origin of correspondence from Law Firm. Client will explicitly identify any means of communication or persons who are to be avoided by Law Firm. Where Law Firm is representing multiple Clients jointly, Client acknowledges and agrees Law Firm has no duty of confidentiality between each individual Client.
2.6 Disclaimer of Guaranty: Although Law Firm may offer an opinion about possible results regarding the subject matter of this agreement, Law Firm cannot guarantee any particular result. Client acknowledges that Law Firm has made no promises about the outcome and that any opinion offered by Law Firm in the future will not constitute a guaranty.
2.7 Intellectual Property: All documents produced by this office are proprietary and licensed to the client for use in a particular transaction only. The client does not purchase ownership of our documents or the right to use them in other transactions. Our documents may not be reproduced or re-used in any manner without prior permission. Accordingly, documents are supplied only in uneditable PDF format. Please do not ask for editable forms or templates. Because the content of our documents is creative and proprietary, there is no “return” once these are delivered. This firm will take every reasonable and necessary step to prevent theft of its intellectual property
2.8 Indemnification of Law Firm: Client agrees to indemnify and hold harmless Law Firm for any and all liability, disputes, claims, lawsuits, or judgments against Law Firm or Client arising from Law Firm’s representation of Client. However, this indemnification shall not attempt to waive any act of malpractice by Law Firm which is unwaivable by law.
2.9 Original Documents: It is the Client’s responsibility to retrieve all original documents left in the possession of Law Firm. We never retain original documents. We do not accept any liability for storing any originals of any kind.
2.10. Finality: This agreement does not constitute a final agreement between the law firm and the client.
3.1 Email: We have many Clients and email is the preferred means and most efficient means of communicating with our Clients. Attorneys will often have access to email in situations where they cannot take phone calls (court house, meetings, etc…). Client agrees to use email whenever possible. All clients must have and provide us with an email account where they may be contacted.
3.2 Phone Calls: Phone calls are limited to situations where a spoken dialogue is necessary.
Social media Communications: Social media Communications are limited to situations where it is necessary
3.3 Office Visits: All office visits are by appointment only. Office visits have a significant impact on an attorney’s schedule and are reserved primarily for situations where the client’s physical presence is required to execute documents or due to a client’s physical disability. Clients do not need an appointment to pickup items being held by us for pickup by the client or to drop of specific documents, payments, etc… that have been requested from the client by us. However, due to serious liability reasons office staff that are not working on a Client’s case will never accept documents from that Client. To avoid a wasted trip to our office, all clients should communicate with office staff beforehand to let them know the client will be stopping by.
3.4. Frequency: We simply have too many clients to continually check-in with each client on a recurring schedule. In order of us to properly represent each client, a minimum level of communication with each client is determined by their particular situation. If you want an update on your case, please be proactive and contact us.
4. CLIENT PROFESSIONALISM:
4.1. No Unexpected and Unscheduled Office Visits: All our attorneys work on tight schedules. Unscheduled walk-ins by clients disrupt staff and attorney schedules and result in the attorneys working late that night to catch up on their work. Even if an attorney is not with a client, the attorney is not necessarily available to meet with a client who drops by without an appointment. Client’s stopping by to pick up or drop off items are a different matter. Please read the above section on office visits for more details.
4.2. Excessive Communications: Law Firm will work with Client to establish what Law Firm determines to be a reasonable amount of communication based on Client’s situation. Law Firm will answer Client’s reasonable specific questions concerning Client’s matter. Client will not engage in excessive, repetitive communication with Law Firm seeking trivial summary reports on the status of Client’s matter. Law Firm will warn Client of excessive communications. If Client excessive communications persists, Client may be charged at attorney’s hourly rate and/or representation suspended or terminated.
4.3. Complaints Or Dissatisfaction: Client satisfaction is a priority. Any dissatisfaction a client may feel in regards to their legal representation by Law Firm should be communicated directly and solely to the Client’s primary attorney for immediate resolution. Client shall not vent their emotions or any complaints on Law Firm support staff. Client agrees not to make (whether oral or written) any disparaging remarks or criticisms to any third parties until Client has contacted Law Firm and made a reasonable effort to resolve any conflict.
4.4. Defamation Of Reputation: Law Firm will prosecute any perceived libel, slander, or other defamation of Law Firm’s reputation by Client whether committed directly or indirectly by Client. Law Firm is not bound by its obligation of attorney-client confidentiality in defending itself against defamation by Client. In any situation where Law Firm believes it has been defamed by Client, Law Firm will inform Client of the perceived act(s) of defamation and attempt to resolve any disputes with Client. If Client and Law Firm cannot resolve all disputes informally within ten (10) days of Law Firm contacting Client, then Client and Attorney agree to attend mediation. Client agrees unconditionally to immediately and completely unpublish, redact, or otherwise withdraw all derogatory or potentially defamatory remarks to third parties pending completion of mediation. If all disputes are not resolved by mediation, Client agrees to refrain from republishing or communicating all derogatory or potentially defamatory remarks against Law Firm for ninety (90) days after the date of mediation so that Law Firm may pursue other legal remedies against Client.
4.5. Rude Or Hostile Behaviour: Law Firm has zero tolerance for the following behaviour towards any attorney, employee, representative, client, or guest of Law Firm and anyone while they are on the premises of any place of business of Law Firm: offensive bodily contact; threats of physical violence; belligerent behaviour including any act or comment intended to intimidate, belittle or embarrass; shouting; lewd behaviour or attire; or socially unacceptable conduct including age-inappropriate behaviour when a minor is present.
4.6. Client Responsibilities and Cooperation: In order for Law Firm to effectively represent Client, information and documents requested by Law Firm must be provided in a timely manner. Clients must show up for scheduled office visits, court dates, or other scheduled events. If a client does not prioritize their own legal matter then neither will we. Any client that ignores their responsibilities as client should not expect us to immediately re-prioritize their case when the client suddenly takes a renewed interest. We will not prioritize an emergency created by one client’s neglect at the expense of our representation of another client. If we cannot effectively represent a client due to their failure to cooperate, the representation will be terminated.
4.7. Delays By Third-Parties: We cannot be responsible for delays caused by parties or circumstances that are outside of our control. Client acknowledges that any deadlines for completion of any work cannot be guaranteed due to circumstances outside of Law Firm’s control. Law Firm will work with Client to minimize any consequences due to unforeseen and/or unavoidable delays.
4.8. Proxies: Entities such as corporations and trusts must have a human representative to act on their behalf. However, we cannot and will not engage or represent an individual through a proxy or agent. We must directly represent all non-entity clients. We are happy to work with friends or family that are “assisting” a client. If we are unable to communicate directly with a client or otherwise verify the client is controlling their own legal representation, we may suspend or terminate the representation.
4.9. Suspension Of Representation: Law Firm reserves the right to suspend all work for Client upon the occurrence of the following: any ground upon which Law Firm could terminate representation of Client, failure to maintain sufficient retainer funds; failed or withheld payment; reasonable belief that Client will breach a fee agreement with Law Firm or violate these general terms and policies; inability to reasonably locate or communicate with Client.
5. TERMINATION OF REPRESENTATION:
5.1. Termination By Client: A client may terminate Law Firm’s representation, if any shall exist, at anytime by providing Law Firm with signed written confirmation of the termination. The client remains responsible for fees and costs incurred as Law Firm terminates the relationship with the client. Upon such termination, Law Firm has no further obligation to represent the client. All of client’s contractual obligations, including amounts due and owing, to Law Firm survive the termination of Law Firm’s representation.
5.2. Termination By Law Firm: The Law Firm has the right to terminate, without prior warning, its representation of any client if the client materially breaches the terms of a fee agreement with Law Firm, materially fails to follow Law Firm’s terms and policies, misrepresents or fails to disclose material facts to the Law Firm, if for any reason the relationship becomes unworkable, the client engages in illegal conduct, or client engages in any conduct that could damage the reputation of Law Firm.
5.3. Completion Of Work: Law Firm’s representation of Client automatically terminates immediately once Law Firm has completed all work included under the scope of Law Firm’s representation. Law Firm’s representation of Client is not open-ended. Law Firm’s representation of Client is not extended merely because Law Firm is closing out Client’s file.
5.4. Legal Entities: In cases where Client is a legal entity the term “I” as used herein shall refer to the entity. The person signing this Agreement on behalf of the entity Client does personally, in his or her capacity as an individual, swear and affirm to have the authority and consent to bind the entity Client to this Agreement.
5.5. No Misrepresentations: Client has not and will not knowingly make any misrepresentations to Law Firm or withhold information from Law Firm so as to mislead Law Firm and agrees to indemnify and compensate Law Firm for any harm or damages resulting to Law Firm as a result of any misrepresentations, either knowingly or unknowingly, made to Law Firm or deceptions by Client or any of Client’s representatives.