This Agreement will confirm in writing the terms of our engagement regarding such representation, pursuant to Part 1215 of the Joint Rules of the Appellate Division of the State of New York. Unless otherwise agreed upon, the terms of this agreement shall apply to this representation.
I. Services Covered by Your Fixed Planning Fee – Our fee for the legal services is a flat fee of $600 for a single person or $1000 for a married couple.Our fees include: Drafting of a customized Will, Health-Care Proxy and Power of Attorney, and reasonable telephone conferences with you, your family and your advisors during the planning process.
II. Services Not Covered by the Initial Engagement Fee – Although the work included under your "fixed fee" arrangement is sufficient to produce the documents identified above, some clients choose to retain us to perform additional services. Should you desire to make substantial changes to the planning discussed and designed during our meetings, you will be billed an additional amount for the work necessary to carry those changes. Should you choose to have us perform additional services after your planning documents are executed a separate charge would apply for the preparation,drafting and execution of those additional documents.
III. Process for Handling Disputes – In the event that a dispute arises between us relating to our fees, costs, or performance that cannot be resolved between us, the dispute shall be settled by mediation and if necessary, you may have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the Courts of New York State.
IV. Termination of Services – You have the right to discharge us at any time. If you do, our right to be paid all previously incurred, but unpaid fees, charges and disbursements will not be affected. Our fixed fee is earned when the documents are prepared by our office. We may elect to terminate our services and decline to represent you further with your consent or for good cause. Good cause exists if, among other things, (a) you fail to meet your obligations under this agreement, (b) you refuse to cooperate with us or follow our advice in a material matter, or (c) under any other circumstance in which our professional or legal responsibilities and obligations mandate or permit termination. Without limiting in any way our general legal and ethical rights to withdraw from this representation for nonpayment of fees, it is agreed that cause for withdrawal shall be deemed to exist if any of our invoices to you for legal fees, disbursements and/or charges remain outstanding for a period of 90 days. In such event, we may elect to terminate our services and decline to represent you further. Such termination shall not affect our right to be paid all previously incurred but unpaid fees, and all previously incurred but unpaid charges and disbursements, in accordance with this letter agreement.
V. Attorney/Client Privilege and Confidentiality – Private communications between you and us are privileged and confidential. We will take all reasonable steps necessary to protect that privilege and maintain confidentiality. Unless authorized, by you or your appointed agent, we are unable to share such confidential information. By signing this agreement, you agree we may share information about your assets, personal goals and tax matters with your named agents and professional advisors. In every instance, we will only divulge the absolute minimum amount of information required and then only that which you have authorized us to disclose.
Married Clients: It is common to represent a husband and wife jointly and give undivided loyalty to both. Although rare, we may receive confidential information from one spouse that could affect how we might plan for your joint estate (i.e. intent to divorce, existence of an illegitimate child, or the suspicion of extramarital relationships etc.). This can have a substantial impact on your shared estate planning goals. In order to represent you jointly and be equally loyal to both, you agree all communications to us by either of you, may be disclosed to the other.
Client Acknowledgment After careful consideration, I request that the Estate Planning Law Center, David J. Zumpano, CPA/Esq. represent me in connection with my estate planning and related matters identified herein.
