RE: DRAFT OF A PREMARITAL AGREEMENT
Dear
This letter confirms that Neptune Legal has agreed to represent you with respect to the draft of a premarital agreement. This letter sets forth the basic terms that will control our attorney-client relationship. Neptune Legal's engagement is limited to the services described above.
1. Objective of Engagement. In order to represent you effectively, it is essential that there is a clear and mutually shared understanding of your objectives. Based on previous discussions, Neptune Legal understands that your primary objective is to negotiate and finalize a premarital agreement that clearly delineates the ownership and division of assets, liabilities, and financial responsibilities, ensuring both parties' financial interests are protected. This agreement will also aim to address potential spousal support obligations and any other pertinent financial arrangements, with the intent of minimizing potential disputes and providing clarity and security for both parties in the future. This Agreement does not include any litigation services. Litigation services, including but not limited to representation in court, arbitration, administrative hearings, or government agency proceedings, are expressly excluded from the scope of this Agreement. Should any litigation services become necessary, a separate written agreement will be required to outline the terms and conditions of such representation.
2. Fees and Expenses. The client retains the firm on a flat-fee basis. The client agrees to pay as the entire fee for representation as described in this agreement, which constitutes complete payment for these services and must be paid in its entirety in advance of the attorney providing services. This flat fee covers all standard work required to complete the agreement. If the matter becomes significantly more complex due to circumstances not attributable to the firm (such as extensive revisions, significant disputes between parties, or material changes in scope), we reserve the right to charge an additional hourly rate of $500. We will notify you in writing before implementing any such additional charges, and you will have the option to terminate the representation rather than incur these charges.
The firm’s representation of you in this matter will conclude upon the full execution of the agreement unless otherwise terminated in accordance with this agreement. However, if the agreement is not signed by both parties within 180 days from the commencement of our services (as defined by the date this agreement is signed), and if the delay is not attributable to the firm’s actions or omissions, the firm may charge an additional administrative fee of $100 per month as a retainer for time reserved to continue work toward completion of the agreement. This fee compensates us for maintaining availability and reserving time to complete your matter. We will notify you in writing before implementing any such additional charges, and you will have the option to terminate the representation rather than incur these charges. Any such administrative fees will be reasonable in relation to the time reserved and will be clearly itemized in our billing statements.
The client agrees to pay for costs incurred by the firm in connection with this matter. Given the nature of agreement services, anticipated costs are likely to be limited to notarization. Any individual cost exceeding $100 will require prior client approval. The firm will provide an itemized statement of any costs incurred.
3. Attorney-Client Communications.
(a) To enable me to provide services effectively, Neptune Legal requires you to fully and accurately disclose all pertinent facts, keeping Neptune Legal informed of all developments relating to this matter, and updates immediately of any change in your address, telephone number, e-mail address, or other contact information. The communications between us can and should be direct and open.
(b) Open communication is made easier by the existence of the attorney-client privilege. Communications between a client and the client’s lawyer relating to legal advice, including both information the client provides to the lawyer that is necessary to explain the legal problem and the lawyer's legal advice to the client, are "privileged" from disclosure as long as the communications are confidential and the client does not waive the privilege. One way the privilege can be waived is by telling others about the confidential matters discussed.
(c) To avoid losing the benefits of the attorney-client privilege, you should keep private all correspondence, memoranda, and other communications you may receive from Neptune Legal, and refrain from telling others the substance of what is discussed—at least to the extent you wish to keep the communications privileged. It is a good idea to maintain a file for the legal papers and correspondence relating to this representation, starting with this letter, and to keep your legal file in a safe, secure place, where only you can access it easily.
4. Withdrawal or Termination.
(a) Because Neptune Legal will be providing professional services, our relationship may be terminated by you or Neptune Legal at any time for any reason, with or without cause, by written notice to the other party.
(b) Neptune Legal reserves the right to withdraw from representing you for any reason consistent with the applicable rules of professional conduct. In particular, Neptune Legal reserves the right to terminate my representation of you:
• If you fail to honor the terms of this letter (including a change in the objectives of the engagement that we have not agreed to);
• If you fail to cooperate or follow my advice on a material matter; or
• If any fact or circumstance would, in Neptune Legal's view, render its continuing representation of you unlawful, unethical, or ineffective.
(c) If Neptune Legal elects to withdraw for any reason, you agree to take all steps necessary to free Neptune Legal of any obligation to perform further, including the signing of any documents necessary to complete my withdrawal.
(d) If either party terminates the representation before Neptune Legal has provided all legal services described in this agreement, you 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. For purposes of calculating the value of legal services performed, our firm will assume a market-standard attorney rate of $500 per hour.
5. Client Documents. Neptune Legal will maintain documents you provide to it in its client file for this matter. At or before the matter is concluded, it is your obligation to advise Neptune Legal as to which, if any, of the documents in its file you wish me to return to you. Neptune Legal will retain any remaining documents in its files for a period of time and ultimately destroy them in accordance with Neptune Legal's record retention policy then in effect.
6. State-specific Provisions. This Agreement may be subject to the specific laws, rules or regulations of one or more states. These state-specific provisions may be set forth in an addendum to this Agreement. In the event of any conflict between the terms of this Agreement and that of a state-specific addendum, the provisions of the addendum shall prevail. In the event any provision of this Agreement is inconsistent or becomes inconsistent with state law, rules or regulation, including the rules of professional conduct, Neptune Legal will propose a modification of the Agreement, which will be subject to your written consent.
7. Professional Relationships and Confidentiality. You acknowledge that both Neptune Legal and the firm engaged by your counterparty in the agreement may have existing professional contractual relationships with Neptune Life, Inc.("Neptune"). Neptune provides certain support services, legal technology and processes payments for our firm. In addition, you acknowledge that the fee in this matter may have been paid by your counterparty through a bundled package or otherwise facilitated by Neptune. Despite this arrangement, Neptune Legal assures you that my professional commitment is solely to you, in accordance with the rules of professional responsibility, and not to any third-party. Should a conflict arise that might materially limit Neptune Legal's representation of you, Neptune Legal will resolve this conflict in a manner consistent with the rules of professional responsibility, which might, under certain circumstances, require Neptune Legal's withdrawal from the engagement. Please be aware that Neptune is not a law firm and does not provide legal advice. Any negotiations between our firm and another firm, which may have shared associations with Neptune, are conducted at arm's length and focused entirely on your best interests.
8. Arbitration of Fee Disputes. If a dispute arises regarding fees between the client and the attorney, the parties agree to resolve the dispute through the applicable state's fee dispute resolution program. The client is informed that in many jurisdictions, participation in such programs is voluntary for the client but mandatory for the attorney if the client elects to participate. The parties agree to be bound by the decision of such program to the extent required by applicable law.
9. No Guarantees as to Outcome. The attorney and client agree that no results have been guaranteed by the firm or the attorney, and this agreement is not based on any such anticipated results.
10. No Advice Regarding This Agreement. The attorney is not acting as the client's counsel with respect to this agreement. If the client wishes to be advised on whether to enter into this agreement, the client should consult with an independent counsel of the client's choice.
CLIENT UNDERSTANDS AND AGREES THAT NO LEGAL REPRESENTATION, APPEARANCE, OR PREPARATION WILL BEGIN IN THIS MATTER UNTIL THE FLAT FEE SET FORTH IN PARAGRAPH 3 IS PAID IN FULL.
Conclusion. If the terms and conditions of my representation of you as outlined in this letter are acceptable to you, please sign and date the enclosed copy of the letter in the space provided below, and return the signed letter to Neptune Legal.
If at any time you have questions or concerns regarding this matter, please do not hesitate to contact Neptune Legal.
Sincerely,
Neptune Legal
Acceptance and Consent
The undersigned agrees to the terms and conditions of representation set forth above.