Order Form - Terms and Conditions
By submission of the Order Form to the Law Offices of Scott E. Marshall ("Attorney"), you are agreeing to the following terms and conditions:
You are requesting unbundled legal services from Attorney. Any litigation documents (documents to be filed with the court) requested will identify you as the litigant In Pro Per. This means you are representing yourself. You warrant that you are over the age of 18 and acknowledge that Attorney is only actively licensed to practice law in the State of California. You agree that Attorney's work will not be used outside the State of California in violation of the law of California or any other state or jurisdiction.
Submission of this Order Form is merely a request for legal services and does not, by itself, create or complete an attorney-client relationship between you and Attorney. An Attorney-Client contract for limited services will be formed after each of the following preconditions is met: (1) you or your agent submits the online Order Form to Attorney; (2) Attorney accepts you as a client in writing by email, fax or letter; and (3) you or your agent pays all required attorney fees in full and in advance of services. Acceptance of you as a client or your legal matters is in Attorney's sole discretion. You will be notified in writing of the exact flat fees for your requested services. This Order Form may not be used for services exceeding $1000.00. Attorney's reasonable hourly rate is $300.00 per hour. Attorney does maintain professional liability insurance.
Attorney does not pay the costs in your case. This means you must pay all costs, including, but not limited to, court filing fees, fees for service, transcript fees, custody evaluation fees, deposition fees, expert witness fees, court copy fees, county recorder fees, etc. You are responsible for any sanctions or attorney fees imposed against you by the court, for whatever reason.
Attorney makes no promises or guarantees about the outcome of your matter, in whole or in part, including the results from using documents prepared by Attorney. You hereby warrant and agree that you have considered and prepared any necessary documents (other than those requested in writing from Attorney) and that Attorney is not legally responsible for your acts or omissions in regard to documents prepared by you or that should have been prepared or filed by you. Since the scope of Attorney's services to you are severely limited, Attorney is not liable for, and you expressly waive, any direct, indirect, consequential or incidental damages or expenses resulting from the use of, or the untimely delivery of, documents prepared by Attorney, and should any recourse against Attorney be allowed by law, you agree that damages shall be limited to the fees paid for the preparation of the documents. If you do not agree to this limitation of damages, do not request any document preparation services from Attorney.
Because you are representing yourself In Pro Per in any litigation or contested matter, this means you will (as applicable): go to all court hearings, settlement conferences, trials, and appeals and speak for yourself; file all legal documents at the courthouse and get copies of pleadings from the courthouse; serve the court papers to the other party as required by, and in accordance with, the law; follow all court rules and meet the court deadlines; ask the court for hearing dates; keep Attorney informed of hearing dates as necessary to complete additional documents, if any; and speak to the other party or his/her lawyer
If you request a limited phone or video consultation from Attorney, you acknowledge and accept that the consultation is limited to assisting you in providing Attorney with information necessary for the preparation of document(s). Any other conversation is to be deemed general and for informational and educational purposes only. There are no refunds on phone or video consultations. Due to time limitations, or other reasons, Attorney may not have a full and comprehensive understanding of the facts, circumstances and law surrounding your legal issue or problems, so he can not give you legal advice deemed specific to your issue or problem. You acknowledge and agree that a phone consultation is not a substitute for full legal representation and counsel and that you are advised to seek such counsel. Since Attorney's services are severely limited, Attorney is not liable for, and you expressly waive, any direct, indirect, incidental or consequential damages or expenses resulting from any phone consultation with Attorney, and should any recourse against Attorney be allowed by law, you agree that damages shall be limited to the fee paid for the consultation. If you do not agree to this limitation of damages, do not request a phone consultation from Attorney.
You agree to cooperate with Attorney, provide Attorney with accurate and complete information, promptly respond to Attorney's inquiries, and keep Attorney informed of changes in your address, email, fax and telephone number. Should you choose not to cooperate with or follow Attorney's advice, Attorney has the right to terminate further services immediately. You agree that attorney is entitled to reasonable compensation for services rendered based on Attorney's reasonable hourly rate, but not to exceed the fixed fees quoted by Attorney for the requested services.
Documents are deemed delivered when sent by email, fax, portal, mail, or personally delivered. Prior to initial delivery of documents, but after formation of the attorney-client relationship, you may still terminate Attorney services by canceling your order in writing within 24 hours (weekends and holidays excluded) of your payment. Because Attorney strives to begin working on your requests quickly after receipt, and because it is impracticable or extremely difficult to fix the actual damages in terminated fixed fee matters, you agree to a liquidated damage cancellation charge of $50.00 per document, or the document fee, whichever is less, for each document canceled prior to initial delivery of documents, but after 24 hours as specified above. After initial delivery of documents, there are no refunds. Simply email, or fax Attorney with your cancellation. After cancellation fees are calculated, excess funds paid by you will be refunded in the same manner they were delivered to Attorney. All fees submitted become the property of Attorney upon receipt. Attorney's services will terminate automatically upon final delivery of the requested documents. Any delivery of documents will be deemed "final" if you do not request and pay for corrections or modifications in writing within 24 hours of delivery. There will be no additional charge for correction of our mistakes, or a first requested modification. Thereafter, there will be a $25 charge per document modified, paid for in advance, for each subsequent modification. Please take notice that business formation packages or estate planning document orders cannot be canceled after we have purchased services or products from third parties, with or without notice to you, unless we are successful in canceling our order. You are responsible for any cancellation charges incurred by us.
In order to prevent time consuming third party contacts, Client will not disclose Attorney's services to third parties, including, but not limited to, the court or opposing attorneys, except as may be required by law. Client agrees to pay all damages incurred by Attorney, including reasonable attorney fees at attorney's reasonable rate, resulting from Client's breach of this provision.
Attorney will attempt to deliver documents within 1-5 business days (weekends and holidays excluded) from receipt of all information necessary to complete document preparation services, excepting business formation and estate planning documents; however, Attorney is not obligated to deliver documents until the expiration of 14 business days. In the event that you have not initially received your documents within 14 business days, you may cancel your order with a full refund. You agree that cancellation of your order with a full refund shall be your sole recourse against attorney for untimely or non-delivery of documents. Package Deals may necessitate the preparation of documents on an "as needed" basis or in required stages. Time limitations herein apply from Attorney's receipt of information necessary and notice to Attorney to commence the preparation of each such documents.
The provisions herein are severable, i.e., if any provision or provisions are found to be void or unenforceable the remaining provisions still apply. California law will govern this legal agreement.
Client has read these terms and conditions, has printed a copy of it or electronically saved a copy, and agrees to all terms and conditions as stated. These terms and conditions contain the entire agreement between you and Attorney, with the exception of Attorney's written acceptance, which shall be deemed incorporated herein by reference, and the attorney fee to be paid in advance of services. No other agreement, statement, or promise, including representations on any website, made on, before, or after the effective date of this agreement will be binding. Modifications to these terms and conditions must be in writing and signed by you and Attorney. California law governs these terms and conditions. (Last amended 04/21/22).