This is The Lichy Law Firm, P.C.’s standard Engagement Letter. The Scope of Engagement and Fee Sections vary from client to client but these Terms and Conditions are otherwise the same Terms and Conditions as may, from time to time, be incorporated by reference in the Terms and Conditions section to invoices that prospective clients may receive.
Unless you and Lichy Law explicitly accept these Terms and Conditions, either by signing a copy directed specifically to you, or by submitting payment by fulfilling an invoice which expressly incorporates these Terms and Conditions and otherwise sets forth the Scope of Engagement and Fee, then no attorney-client relationship exists. It is very important that you understand that merely reading these, without any express agreement between Lichy Law and you, does not create an attorney-client relationship.
Thank you for selecting The Lichy Law Firm, P.C. (“Lichy Law” or “us” or “we” or “the firm”) to serve as your counsel. The purpose of this engagement letter (“Agreement”) is to outline the nature of the engagement and our respective responsibilities and expectations under this Agreement.
Scope of the Engagement: We have been asked to represent [This could be you!] (“you” or “the client”).
The scope of this engagement shall be set forth either in a specific engagement letter direct to you, specifically, or set forth in the Terms and Conditions section of an invoice you may receive.
Work on this matter will be performed by Abraham Lichy. Our representation may be expanded if the parties separately agree in writing to do so. After this engagement concludes, the firm has no further obligation to advise you. As such, if there are any later legal developments that may impact your future rights and liabilities, including changes in the applicable laws or regulations, you will have to engage us separately to advise on such developments. We will do our best to serve you efficiently.
The outcome of any matter is subject to inherent risks and other factors beyond our control. Therefore, we have not made, and cannot make, any guarantees or promises concerning the outcome of this matter.
Fees: Please refer to your specific engagement letter or invoice, which shall set forth the specific fees (if applicable).
Waiver: Conflicting matters may arise that require your consent. If such a matter arises, you will consider in good faith consenting to the conflict and you are favorably inclined to provide such consent absent unusual circumstances.
Termination of the Representation: Upon written notice to the firm by e-mail to Abraham Lichy, Owner, you shall have the right at any time to terminate our services and representation under this Agreement. Such termination, however, shall not relieve you of the obligation to pay for all services rendered and costs and expenses paid or incurred on your behalf in accordance with this Agreement prior to the date of such termination.
We also have the right to terminate the representation for good cause, subject to an obligation to give you reasonable notice to arrange for alternative representation. Good cause to withdraw includes, but is not limited to, (a) your failure to honor the terms of the engagement, (b) your failure to cooperate or follow our advice on a material matter, (c) circumstances where our continued representation would be unlawful or unethical, or (d) any other reason permitted by the applicable ethics rules.
In the event that we terminate the engagement for good cause, you remain obligated to pay all outstanding balances. We will inform you about the termination in writing by e-mail, and we will take such steps as are reasonably practicable to protect your interests in this matter. You agree to take all steps necessary to free us of any obligation to perform further, including the execution of any documents necessary to perfect our withdrawal. If permission for withdrawal is required by a court, we will promptly apply for such permission and you agree to engage successor counsel to represent you.
Client Documents: During the engagement, we will maintain all documents relevant to this representation. At the conclusion of this engagement, we will retain your original documents for a period of two (2) years unless you request that they be returned to you. If you have not requested possession of the file or any of its contents at the end of two (2) years, the file will be destroyed in accordance with our record retention program.
Communication: It is important for us to maintain open communication with each other throughout the engagement. We will regularly keep you informed of the status of the matter and will promptly notify you of any major case developments. We will consult with you whenever appropriate.
You agree to communicate with and provide us with complete and accurate information as needed to further the case. Further, you will timely notify us of any changes in the structure of your organization, changes to the personal information or residence of any individuals related to this matter, or any extended periods of time when you will be unavailable.
Unless you specifically direct us otherwise, we may use cell phones, email, and facsimile machines in the course of this engagement. Our email and facsimile transmissions may not be encrypted so the use of such forms of communication under current technologies may place confidential or privileged information at risk. Similarly, the use of cell phones may place confidential or privileged information at risk. By signing below, you consent to our use of these forms of communication.
Cooperation: You will assist and cooperate fully with us with respect to this engagement. In connection with this engagement, you will be available to discuss issues as they arise, comment on and approve draft documents we prepare, and attend and participate in meetings, preparation sessions, court proceedings, and other activities.
You also agree to be truthful and to fully and accurately disclose to us all facts that may be relevant to the matter or that we otherwise may request. You will timely provide any new information that you receive about the matter so that we can represent you effectively.
Choice of Law and Forum: This Agreement, and all questions relating to its validity, interpretation, performance, and enforcement, is governed by New York law without regard to its principles of conflicts of law.
In the event that a dispute arises between us, unless you are entitled to and elect to arbitrate your claims, all such matters shall be resolved by a court. You agree that the state or federal courts of New York located in New York County shall be the exclusive forums for litigation concerning this Agreement or any aspect of our engagement. You consent to personal jurisdiction in such courts as well as service of process by notice sent by regular mail to the address set forth above and/or by any means authorized by New York law.
Attorney-Client Privilege: Generally, information we receive from you is subject to the attorney-client privilege. However, we may be under an independent ethical duty to reveal privileged information if (a) it involves the commission of illegal or fraudulent acts that are committed in the course of this engagement, (b) it involves the intent to commit a crime, or (c) we are required to disclose the information by law or court order.
Entire Agreement: This Agreement constitutes the sole and entire agreement between us with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter.
Please review this letter carefully and let me know if you have any questions or concerns. If you agree to the terms of this letter, please sign it and return it to my attention. You may retain the enclosed copy for your files.
We appreciate the chance to be of service and look forward to working with you.
Very truly yours,
/s/ Abraham Lichy, Esq.
Owner, The Lichy Law Firm, P.C.