These Terms and Conditions set forth the terms of Longstreet Lawyers PLLC's (“Company”) legal services agreement (“Agreement”) with you (“Client”). Please review this policy before submitting payment to contract for legal services.  We look forward to working with you!

 

I. SCOPE OF REPRESENTATION

 

Client and Company agree that Company will represent Client in connection with the following legal matter: Consult, review, or draft Asset Protection or Estate Planning documents as agreed to according to the legal services package purchased (see package options in Section V below).  Client and Company may agree to expand or limit the scope of representation from time to time; however, any expansion or limitation must be confirmed in a writing delivered to Client by Company.

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II. TERM

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Company’s representation shall terminate upon completion of the services listed above. In addition, either Client or Company may terminate this engagement at any time for any reason upon notice to the other; although, Company’s right to terminate may be limited by the applicable rules of professional conduct. In the event that Company terminates this engagement, Company will take such steps as are reasonably practicable to protect Client’s interests in the above matter.

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III. FEES

 

Client is paying Company on a flat fee basis.  Client agrees to pay Company for all legal services rendered according to the legal services package purchased, plus any costs or expenses that may be incurred (even if those costs or expenses are advanced to Client by Company). 

 

IV. REFUND POLICY

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Consultation Fees.  Any consultation fees paid by the client are fully refundable if Client attends the consultation, but elects not to retain our legal services. If Client proceeds with retaining Company and purchases a legal services package, the consultation fee will be credited toward the total cost of the selected package.

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Legal Fees.  Upon delivery of the substantive legal documents included in Client’s purchased package (i.e. the Revocable Living Trust, Dynasty Trust, Asset Protection Trust, or Opinion Letter), all fees paid for legal services become non-refundable (even if ancillary documents have not been delivered).  Company, however, may not withdraw funds from Client's trust account until all substantive and ancillary documents included in Client's purchased package have been delivered.

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Satisfaction Guarantee.  Company provides a 100% satisfaction guarantee regarding the accuracy and quality of the substantive and ancillary legal documents prepared by Company. Should technical revisions or corrections be necessary, Company will collaborate with Client and revise the documents as many times as required to ensure Client’s satisfaction with the final product.

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Scope of Satisfaction Guarantee.  This satisfaction guarantee is limited to technical amendments of the documents encompassed within the purchased package. It does not extend to strategic modifications, additional legal advice, or services outside the original scope, which would necessitate engagement under a separate legal services agreement.

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V. LEGAL SERVICES PACKAGES

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Revocable Living Trust Package - Included Documents: (a) Revocable Living Trust (substantive document); (b) Certificate of Trust; (c) Special Needs Trust, if applicable for children with special needs or disabilities as defined by the Social Security Administration; (d) Pour-Over Will; (e) Medical Directive; (f) Financial and Medical Power of Attorney; (g) Declaration of Guardian; and (h) up to three (3) Trust Transfer Deeds for real property. Client shall also receive a purchase-price credit applicable toward an upgrade to a different estate planning package, if such upgrade is elected.

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Dynasty Trust Package - Included Documents: (a) all documents and services provided in the Revocable Living Trust Package, plus: (b) Family Dynasty Trust (substantive document); (c) Certificate of Trust; (d) inclusion of custom Moral Character clauses; and (e) one (1) year of ongoing compliance support and training for Client’s appointed trustees. Client shall also receive a purchase-price credit applicable toward an upgrade to a different estate planning package, if such upgrade is elected.  This package may require referral to an affiliated South Dakota law office for certain legal services, in which case a fee split may occur as permitted by applicable rules of professional conduct.

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Asset Protection Trust Package - Included Documents: (a) all documents and services provided in the Dynasty Trust Package, plus: (b) South Dakota Asset Protection Trust (substantive document); (b) Certificate of Trust; (c) anonymity protection strategy and implementation for up to ten (10) assets, which may include limited liability companies, holding companies, and operating companies; and (d) a set of reusable contract clauses, which may include lease templates, arbitration agreements, liquidated damages agreements, and other similar provisions. Client shall also receive a purchase-price credit applicable toward an upgrade to a different estate planning package, if such upgrade is elected.  This package may require referral to an affiliated South Dakota law office for certain legal services, in which case a fee split may occur as permitted by applicable rules of professional conduct.

 

Trust Review - Includes a written review (substantive document) of Client’s existing Revocable Living Trust to assess (a) legal sufficiency and (b) alignment with Client’s disposition goals.  While the review only assesses legal sufficiency of the written agreement on its face and disposition objectives, it may (but is not required to) also include recommendations for amendments to resolve potential gaps, inconsistencies, or areas for improvement.  Related estate planning documents are not included in this review unless a review for each document is paid for separately.  This review does not verify facts existing outside the written Revocable Living Trust, including (but not limited to), trust funding, Settlor's intent, or Settlor's capacity.  Unless expressly agreed in writing, the Trust Review does not include the drafting or execution of new documents, deed transfers, or other implementation services, which must be provided under a separate agreement.

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Legal Consultation - Includes a scheduled meeting (substantive service) between Client and Company for the purpose of discussing Client’s legal questions, concerns, or objectives within the scope of Company's practice areas. The consultation may (but is not required to) include preliminary opinions, issue-spotting, and general guidance based on the facts and information provided by Client. Unless otherwise agreed in writing, the Legal Consultation does not include the preparation or review of legal documents, the undertaking of any legal representation, or the performance of legal services beyond the scheduled meeting. Any additional work beyond the consultation shall require payment for a separate engagement agreement.

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VI. CASE FILE RETENTION

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When Company has completed all the legal work necessary for Client’s case (or upon request, or if Company is terminated), Company will close its file and return any original documents it may have to Client. Company may (but is not required to) store a copy of Client’s file for no longer than five years, and Company will securely destroy all copies of the file after that period of time.  All copies of client files, if retained, will be stored securely in compliance with applicable confidentiality and data protection rules.

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VII. CONFIDENTIALITY

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Company’s conversations and relationship with Client will be kept confidential in order to protect attorney-client privilege.  Client acknowledges that s/he has been advised not to discuss his/her case with anyone other than Company (and its employees or agents) in order to protect and maintain attorney-client privilege. 

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VIII. LEGAL PROVISIONS

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Notices. Unless expressly stated otherwise, all notices, offers, or other communications required or permitted to be given pursuant to this Agreement shall be in writing and may be personally served or sent by United States mail, registered or certified, postage prepaid, and properly addressed, by or to the appropriate party.  Notices personally served shall be deemed to have been given when delivered in person.  Notices sent by United States mail shall be deemed to have been given three (3) business days after deposit in United States mail (unless sent by registered mail in which case notice shall be deemed to have been given according to the certified delivery date).  All notices should be sent to the parties at the following addresses (unless a party subsequently sends notice of a change of address in writing):

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Company Address                                                                               

Longstreet Lawyers, PLLC                               

4787 Vista Woods Blvd., Suite 170-2002

Dallas, Texas 75232

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Client Address

(as listed on Client's Online Intake Form)

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Incorporation by Reference.  This Agreement incorporates by reference the following documents:  (1) the Longstreet Lawyers, PLLC Operating Agreement as of the date of this Agreement; and (2) the Texas Lawyer’s Creed (available at http://www.texasbar.com/Content/NavigationMenu/ForLawyers/

ResourceGuides/EthicsResoures/Lawyers-Creed.pdf).

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No Guarantees.  Client acknowledges that Company cannot (and does not) guarantee a specific outcome or a specific result concerning their legal matter or legal strategy.  Client understands and acknowledges that Longstreet Lawyers, PLLC has made no promises, representations, or warranties regarding the outcome of any matter for which legal services or strategies are rendered. While Longstreet Lawyers, PLLC will provide services in accordance with applicable professional standards and will act diligently and competently in representing Client’s interests, no specific results are guaranteed or can be assured.  All expressions by Longstreet Lawyers, PLLC regarding the potential outcome of any matter are statements of opinion only and shall not be construed as promises or guarantees. Client acknowledges that the success of any legal strategy depends on numerous factors outside the control of Longstreet Lawyers, PLLC, including but not limited to changes in law, governmental action, factual developments, court decisions, and the actions of third parties.

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Warranty Disclaimer.  Company hereby disclaims any and all express warranties and implied warranties.

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Number of Days. In computing the number of days (other than business days) for purposes of this Agreement, all days shall be counted, including Saturdays, Sundays and holidays; provided, however, that if the final day of any time period falls on a Saturday, Sunday or holiday on which national banks are or may elect to be closed, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or such holiday.

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Governing Law.  This Agreement will be governed under the laws of the state of Texas without reference to conflict of law principles.  Any matter not specifically covered by a provision of this Agreement shall be governed by the applicable provisions of Texas law.

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Execution of Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall together constitute one and the same instrument.

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Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other provision(s) may be invalid or unenforceable in whole or in part.

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Interpretation. If interpretation of this Agreement is required, the Parties expressly agree that the presumption that the terms are to be construed more strictly against the drafting party does not apply.  The Article and Section headings in this Agreement are for convenience and they form no part of this Agreement and shall not affect its interpretation.

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Entire Agreement. This Agreement contains the entire understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained.

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IX. BINDING AGREEMENT

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A copy of these Terms and Conditions have been provided to Client for review. If any of the information in these Terms and Conditions are not consistent with Client’s understanding of the Agreement, Client should contact Longstreet Lawyers, PLLC before continuing with contracting for and paying for legal services. 

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X. CREATION OF ATTORNEY-CLIENT RELATIONSHIP

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Client has been informed that Client is not represented by Company until (1) Client agrees to these Terms and Conditions (as indicated by completing a purchase for legal services), and (2) Company receives 100% of Client's payment for legal services.