TERMS OF SERVICE
Last Modified: August 28, 2023
Client has retained (or seeks to retain) The Gober Group PLLC (“Firm”) to provide the legal services (“Legal Services”) set forth in a separate “Fee Schedule” or other writing.
Acceptance of These Terms. The Firm and Client agree that the Legal Services will be governed by the Terms of Service (“Terms”) detailed below. If Client does not accept these Terms, then Client must cancel the Legal Services immediately.
Changes to These Terms. From time to time, the Firm may modify these Terms, its fees, and/or the scope of services included in Subscription Plans or Flat Fees; however, no such modifications will occur except upon 30 days’ advance notice to Client. Such modifications (as well as changes to these Terms) will be evidenced on the Firm’s website and Client will receive notice at the email address(es) Client provides to the Firm to receive invoices.
Attorney-Client Relationship. An attorney-client relationship will not be formed with the Firm until one of the following occurs: (i) a formal letter of engagement or contract for the Legal Services is signed by both the Client and the Firm; or (ii) Client makes a payment to the Firm for the Legal Services. If the Legal Services are cancelled, then the attorney-client relationship will end.
Description of Client. If Client is an individual, then the Firm’s attorney-client relationship will be with that individual. If Client is an entity, then the Firm’s attorney-client relationship will be with that entity (and the Firm’s communications with that entity’s employees and agents will presumably be covered by the attorney-client privilege); however, the Firm’s attorney-client relationship with an entity will not include the individual representation of other persons associated or affiliated with that entity, including, but not limited to, shareholders, members, officers, or board members.
Conflicts Check. The Firm will run a “conflicts check” to ensure no conflicts prevent the Firm from representing Client. The Firm may also refuse to provide Legal Services to Client for any reason, and we will so notify Client of such refusal within a reasonable time.
- Client must communicate honestly, openly, and regularly with the Firm, especially with regard to those facts pertinent to the Firm’s representation of Client.
- Client must keep the Firm informed of current addresses, phone numbers, and email addresses of the current point(s) of contact for the Firm’s communications and invoices (i.e., it is Client’s responsibility to update this information if it changes, not the Firm’s).
- Client may not share copyrighted or educational materials provided as part of the Legal Services with any third party.
- Client must abide by these Terms and pay the Firm’s fees on time.
Fees and Expenses.
- Hourly Fees. In one or more instances, Client may pay the Firm hourly (“Hourly Fee”) to provide a certain service and/or work product that will be set forth in a separate “Fee Schedule” or other writing. As an example, representation in a court action or enforcement proceeding is not included in any Subscription Plan or Flat Fee; therefore, a Client will pay the Firm an Hourly Fee for such services. Hourly Fees will be billed in one-tenth of an hour increments and earned on the date the work is performed. Client is required to pay the Hourly Fees no later than 10 days after the Firm transmits the invoice that details such fees.
- Subscription Fees. Client may pay the Firm a flat fee each month (“Subscription Fee”) for certain services that will be set forth in a separate “Fee Schedule” or other writing (“Subscription Plan”). Client is required to pay the Subscription Fee no later than 10 days after the Firm transmits the invoice that details such fee.
- Flat Fees. In one or more instances, Client may pay the Firm a flat fee (“Flat Fee”) to provide a certain service and/or work product that will be set forth in a separate “Fee Schedule” or other writing. A Flat Fee is earned on the date the Firm deems the service and/or work product to be substantially complete. Client is required to pay the Flat Fee no later than 10 days after the Firm transmits the invoice that details such fee.
- Out-of-Pocket Expenses. The Firm’s representation of Client may require the Firm to incur out-of-pocket expenses, including, but not limited to, travel expenses, court fees and costs, registered agent fees, messenger services, and overnight or express delivery services. Client is required to reimburse the Firm’s out-of-pocket expenses no later than 10 days after the Firm transmits the invoice detailing such expense. If the out-of-pocket expenses are substantial, the Firm may request that Client pay for such expenses in advance.
- Travel Expenses. Due to the frequency that meetings get rescheduled or cancelled, the Firm generally purchases refundable coach tickets for travel. On occasion, where business class travel costs only marginally more than a coach ticket, the Firm reserves the right to purchase business class travel on one or more legs of travel and charge Client only for the price of the refundable coach ticket. In many instances, the traveler can effectively make use of travel time to work on client matters; however, in other instances, work cannot be completed effectively or efficiency because of flight delays, airplane restrictions, technology limitations, privacy concerns, and other issues. To be fair to both Client and the Firm, all travel and transit time will be billed at 50% of the Firm’s hourly rates when the traveler is not doing billable work for Client or for other Firm clients (i.e., in no instance will Client or other clients be “double-billed”). In lieu of the Firm seeking reimbursement from Client for lodging and/or meal expenses, the Firm will bill Client $500 for each “Travel Day.” For purposes of these Terms, each “Travel Day” includes days that include an overnight stay and/or days when the traveler must travel to a location more than 150 miles from the traveler’s home office.
- Witness and Discovery Expenses. If the Firm is required to serve as a witness, produce documents in response to a subpoena, or otherwise respond to discovery requests in connection with these Legal Services in a matter or proceeding in which the Firm is not a named party or target, Client shall compensate and reimburse the Firm for such time and expenses (including fees paid to another law firm to represent the Firm’s interests). The Firm’s attorneys and other billing staff will bill for their time in accordance with the Firm’s prevailing hourly rates, whereas non-billing staff will bill for their time at $100 per hour.
- Utilization. The Firm may utilize attorneys, paralegals, law clerks, legal assistants, of counsel attorneys who contract with the Firm, compliance professionals, and other vendors and support services, the costs of which may include a markup to cover the Firm’s ongoing coordination and oversight role and internal administrative and overhead costs.
- Delinquency. If Client maintains any funds in the Firm’s Interest-Only Legal Trust Account (“IOLTA”), the Firm may withdraw Client’s funds from the IOLTA and apply them to Client’s delinquent invoice(s). The Firm reserves the right to charge interest, calculated at the Wall Street Journal Prime Rate + 4%, at any time while a delinquent invoice remains unpaid. Client must reimburse the Firm for all costs incurred to collect amounts due to the Firm, including, but not limited to, reasonable attorneys’ fees and expenses, court costs, and costs incurred relating to any alternative dispute resolution mechanism utilized in the collection of amounts due. The Firm reserves the right to cease performing services for Client while a delinquent invoice remains unpaid.
Communications Security. The Firm will generally try to communicate with Client by any means that Client prefers, including telephone, mobile phone, email, text messaging, messaging and collaboration platforms, and other similar means. Not all forms of these communications are as secure as all others; therefore, when Client initiates communications or shares documents with the Firm through any of these means, Client is consenting to the Firm using the reciprocal method to respond or share documents with Client (which may include document sharing in the cloud). In such circumstances, the Firm is not responsible for any breach of the communications by third parties.
Cybersecurity Protocols. Wiring and ACH instructions sent via email should never be trusted. If Client receives wiring or ACH instructions via email that appear to originate from the Firm, Client is required to first confirm such instructions via telephone with either Nancy Rennaker or Jasmine Jowers Prout prior to initiating a transfer of funds. The Firm is not liable for funds lost due to fraudulent account transfers that were not confirmed in advance according to these instructions.
State-Specific Practice of Law. In addition to the states where the Firm’s attorneys are licensed to practice law, some states permit the Firm to provide legal services in their states if the services are related to the Firm’s traditional practice areas. In many instances, the Firm’s practice of law involves providing advice as to federal law and the application of the U.S. Constitution to state and local laws. Notwithstanding the foregoing, state-specific bar rules may ultimately limit the scope of future Legal Services.
Advanced Waiver of Conflicts. Client is not obligated to use the Firm exclusively for legal services, and Client is free to retain any other counsel of Client’s choosing. The Firm will be disqualified from representing any other client with interests “materially” and “directly adverse” to Client’s in any matter that is substantially related to the Firm’s representation of Client, and with respect to any matter where there is a reasonable probability that confidential information that Client furnished the Firm could be used to Client’s disadvantage. With those exceptions, the Firm is free to represent other clients, including clients whose interests may conflict with Clients in litigation, business transactions, political and advocacy campaigns, or other legal matters. The Firm’s representation of Client in one matter will not prevent or disqualify the Firm from representing clients adverse to Client in other matters, and Client consents in advance to the Firm undertaking such adverse representations.
Disclosure of Client Identity. While the Firm’s communications with Client remain confidential, they Firm may identify Client as a client of the Firm and use Client’s logos for the Firm’s marketing purposes.
Cancellation. The Firm has the right to cancel the Legal Services as permitted by ethics rules. Client has the right to cancel the Legal Services at any time and for any reason by emailing [email protected]. Client, however, will continue to be responsible for any accrued fees as well as the fees it continues to accrue. If Client cancels a Subscription Plan, Client will be liable for the Subscription Fee for the full month in which the cancellation occurs, and the Legal Services will be provided during the period that has been paid for.
Governing Law. These Terms are governed by and must be interpreted under Texas law.
Entire Agreement. These Terms contain the entire agreement of the Firm and Client. No other agreement, statement, or promise made on or before the effective date of these Terms will be binding on the Firm or Client, except in instances where a separate “Fee Schedule” or other writing that expressly references these Terms is signed by both parties.
No Waiver. The failure or omission of a party to require the other party’s strict compliance with any of these Terms, or to exercise any of its rights or remedies, will not constitute a waiver or relinquishment of any duties or rights under these Terms, or otherwise affect the interpretation of the Terms.
Severability and Reformation. If any of the terms or provisions contained in these Terms are held to be invalid, void, or unenforceable by a court of competent jurisdiction, then the remaining terms and provisions will continue in full force and effect, and the invalid, void, or unenforceable provisions will be deemed severable. Moreover, if any one or more of the provisions contained in these Term is held to be excessively broad as to duration, activity, or subject, then it will be reformed by limiting and reducing it to the minimum extent necessary so as to be enforceable to the extent compatible with applicable law.
Legal Review. Client acknowledges their right and opportunity to seek the advice of independent counsel regarding their acceptance of these Terms, if so desired.