Attorney Client Agreement

This Attorney-Client Fee Agreement (“Agreement”) is entered into as required under California law by and between The Kinder Law Group, a Professional Corporation (“TKLG”) and the undersigned (“Client”).

1. CONDITIONS. This Agreement will not take effect, and TKLG will have no obligation to provide legal services, until: (a) Client affixes their electronic signature and successfully submits this Agreement to TKLG, and (b) Client pays to TKLG the initial deposit called for under Paragraph 4 below (if applicable). Upon satisfaction of these conditions, this Agreement will be deemed to take effect retroactive to the date of first communication between TKLG and Client. By signing, Client represents that Client has read and understands this Agreement and has the authority to enter into this Agreement and legally bind Client.
2. SCOPE AND DUTIES. Client hires TKLG to provide legal services in connection with legal advice relating to intellectual property law. TKLG shall provide those legal services reasonably required to represent Client, and shall take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. Unless the parties hereto make a different agreement in writing, this agreement will govern any other future services TKLG may perform for Client.
3. CLIENT’S DUTIES. Client agrees to be truthful with TKLG and not to withhold information, to cooperate, to keep TKLG informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay TKLG’s bills on time, and to keep TKLG advised of Client’s address, telephone number and whereabouts. Client will assist TKLG by timely providing necessary information and documents. Client agrees to appear at all legal proceedings when TKLG deems it necessary, and generally to cooperate fully with TKLG in all matters related to the preparation and presentation of Client’s claims.
4. DEPOSIT.   TKLG is not requiring a deposit at this time, however, if TKLG should request that Client provide any deposit(s) in the future, then such deposit(s) will be deemed advance deposit(s) for fees and costs in this matter (“Deposit”). TKLG will hold any Deposit in TKLG’s Client Trust Account and client authorizes TKLG to use the Deposit to pay hourly fees, costs and other charges.  Client agrees that TKLG’s right to recover costs from the Deposit becomes fixed once the costs are incurred by TKLG. Client agrees that TKLG’s right to recover fees from the Deposit becomes fixed ten (10) calendar days after the date TKLG sends a bill to Client. Client authorizes TKLG to withdraw funds from TKLG’s Client Trust Account to pay TKLGs’ fees fifteen (15) calendar days after TKLG sends a bill to Client. If TKLG receives a written objection from Client within ten (10) calendar days of the date TKLG sends Client a bill, TKLG’s right to recover the amount that is identified in the objection will be deemed to be disputed, and TKLG will not withdraw the disputed fees from the Client Trust Account until the dispute is resolved. If TKLG receives an objection from Client more than ten (10) calendar days after the date TKLG sends Client a bill and after the funds have been withdrawn, TKLG shall not be required to redeposit the disputed fees into the Client Trust Account during the pendency of the dispute. Client agrees to pay all Deposits within ten (10) calendar days of TKLG’s demand. In the event there is any money from any Deposit remaining in TKLG’s Client Trust Account after TKLG’s final bill is satisfied, the money will be promptly refunded to Client. Whenever the Deposit is exhausted, TKLG reserves the right to demand a further Deposit in an amount that is reasonable under the circumstances. Client acknowledges that the amount of any Deposit is not an estimate of the total fees and costs anticipated to be charged by TKLG, but merely an advance.
5. LEGAL FEES. Client agrees to pay by the hour at TKLG’s then prevailing rates for all time spent on Client’s matter by TKLG and TKLG’s legal personnel. Current hourly rates for TKLG are as follows: $425 per hour for attorneys and $95 per hour for paralegals. Billing rates are subject to change and may be raised periodically. Client shall be deemed to be in agreement with any such new hourly rate if Client does not discharge TKLG within the thirty (30) day period subsequent to receipt of the first statement reflecting any such changes in the rates being charged. If Client declines to pay increased rates, TKLG will have the right to withdraw as attorney for Client if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. The time charged will include, but is not limited to, the time TKLG spends on telephone calls, e-mails and other electronic communications relating to Client’s matter, including calls and e-mails with Client, witnesses, opposing counsel, court personnel or other persons. Time is billed in minimum increments of one-tenth (.10) of an hour. TKLG will charge for waiting time and for travel time, both local and out of town.
6. COSTS AND EXPENSES. In performing legal services under this Agreement, TKLG will incur various costs and expenses as well as make various disbursements. In addition to TKLG’s hourly legal fees, Client agrees to pay for all costs, expenses and disbursements incurred and/or made by TKLG. TKLG may, in its sole discretion but shall not be required to, advance costs and expenses on Client’s behalf. At any time Client does not advance requested costs or in the event Client’s account is thirty (30) days past due, TKLG may immediately withdraw from the representation of Client. The costs and expenses commonly include: U.S. Patent and Trademark Office filing fees; costs and fees charged to TKLG by third parties such as attorney services, document services, associated foreign counsel and/or associated local counsel; trademark search fees; court reporters’ fees and transcript costs; messenger and other delivery charges; postage; out-of-office photocopying, printing, and other reproduction costs; computer research costs; investigation expenses; translator/interpreter fees; consultants’ fees; expert witness fees; bank fees; fees fixed by law or assessed by courts or other agencies and other similar items. (a) external costs and expenses will be charged at TKLG’s cost; (b) internal charges are billed at the following rates: (1) mileage – IRS Standard Mileage Rate; (2) in-house printing and photocopying at twenty five cents ($0.25) per page at TKLG’s discretion; (3) postage at costs; and (4) computerized legal research at cost; (c) to aid in the preparation or presentation of Client’s case, it may become necessary to hire expert witnesses, consultants or investigators and Client agrees to pay such fees and charges. TKLG will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges; (e) TKLG will obtain Client’s consent before incurring major costs or expenses.
7. STATEMENTS. TKLG shall send to Client periodic statements for fees and costs incurred. Client agrees to promptly review all statements rendered by TKLG and to promptly communicate any objections, questions, or concerns about the contents. If Client does not dispute, in writing, all or any portion of a statement within thirty (30) days of receipt, the statement shall be deemed correct. Client shall pay TKLG’s statements within thirty (30) days of the date of each statement regardless of when Client actually received the statement. Client may request a bill at intervals of no less than 30 days. If Client so requests, TKLG will provide a statement within ten (10) days. Bills for the fee portion of the statement will include the amount, rate, basis for calculation, or other method of determination of the attorney’s fees. Bills for the cost and expense portion of the statement will clearly identify the costs and expenses incurred and the amount of the costs and expenses. All amounts delinquent for thirty (30) days or more shall, at TKLG’s option, bear interest at the rate of one percent (1%) per month, or the maximum rate afforded by law. Client understands that TKLG does not ordinarily accept payment by credit card. If Client specifically requests TKLG to accept payment by credit card, then Client hereby agrees to pay the fees associated with the processing of the credit card payment and specifically waives any right Client may have under Cal. Civ. Code § 1748.1 which prohibits merchants from charging credit card surcharges.
8. DISCHARGE AND WITHDRAWAL. Client may discharge TKLG at any time. TKLG may withdraw with Client’s consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Good cause shall be deemed to specifically include, but is not limited to, Client’s breach of this Agreement, Client’s failure to pay TKLG’s fees or costs as required by this Agreement, Client’s conduct renders it unreasonably difficult for the TKLG to carry out the employment effectively, Client’s refusal to cooperate with TKLG or to follow TKLG’s advice on a material matter or any other fact or circumstance that would render TKLG’s continuing representation unlawful or unethical. Notwithstanding the discharge, Client will remain obligated to pay TKLG at the agreed rates for all services provided and to reimburse TKLG for all costs advanced.
9. CONCLUSION OF SERVICES. When TKLG’s services conclude, whether by completing the services covered by this Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due and payable immediately. Client may have access to Client’s case file at TKLG’s office at any reasonable time. At the end of the engagement, Client may request the return of Client’s case file. If Client has not requested the return of Client’s file, and to the extent TKLG has not otherwise delivered it or disposed of it consistent with Client’s directions, TKLG will retain the case file for a period of three (3) years, after which TKLG is authorized by this agreement to have the case file destroyed. If Client would like TKLG to maintain Client’s case file for more than three (3) years after the conclusion of TKLG’s services for Client on a given matter, a separate written agreement must be made between TKLG and Client, which agreement may provide for Client to bear the cost of maintaining the file. In the event Client requests that TKLG transfer possession of Client’s case file to Client or a third party, TKLG is authorized to retain copies of the case file. The case file includes Client papers and property as defined in the California Rules of Professional Conduct.
10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in TKLG’s statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. TKLG makes no such promises or guarantees. TKLG’s comments about the outcome of Client’s matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. Any Deposit made by client or estimate of fees given by TKLG are not a representation of a flat fee and will not be a limitation on fees or a guarantee that fees and costs will not exceed the amount of the deposit or estimate. Actual fees may vary significantly from estimates given.
11. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE. Pursuant to California Rules of Professional Conduct, TKLG informs Client in writing that TKLG maintains professional liability insurance.
12. NO TAX ADVICE. TKLG has not been retained to provide Client with any tax advice. Any documents prepared by TKLG may have specific tax ramifications. To be sure Client understands and is certain of all the potential tax consequences, Client should consult with tax advisors regarding these matters.
13. MISCELLANEOUS. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them. Client and TKLG agree that this Agreement may be signed in counterparts and transmitted by facsimile and/or electronic copy, each of which counterparts will be deemed to be an original and which taken together will constitute the Agreement.
14. EFFECTIVE DATE. This Agreement will govern all legal services performed by TKLG on behalf of Client commencing with the date TKLG first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay TKLG the reasonable value of any services TKLG may have performed for Client.
15. DISPUTE RESOLUTION. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF CALIFORNIA. ANY ACTION IN REGARD TO THE AGREEMENT OR ARISING OUT OF ITS TERMS AND CONDITIONS IS TO BE INSTITUTED AND LITIGATED SOLELY IN CALIFORNIA. IN THE EVENT OF ANY DISPUTE OR CLAIM BETWEEN TKLG OR ITS EMPLOYEES AND CLIENT, INVOLVING AN AMOUNT IN EXCESS OF THE JURISDICTION OF SMALL CLAIMS COURT, WHETHER CONCERNING THE FEES CHARGED TO CLIENT, AMOUNTS ADVANCED, SERVICES TO BE PERFORMED OR ACTUALLY PERFORMED, ANY ACTIONS TAKEN ON CLIENT’S BEHALF, OR IN ANY MANNER WHATSOEVER RELATING TO THE RELATIONSHIP BETWEEN TKLG OR ITS EMPLOYEES AND CLIENT, INCLUDING PROFESSIONAL LIABILITY ACTIONS (COLLECTIVELY “CLAIM”), THE PARTIES HERETO AGREE THAT CLAIM SHALL BE REFERRED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) FOR A REFERENCE TRIAL UNDER CALIFORNIA CODE OF CIVIL PROCEDURE § 638, ET SEQ., RESPECTING ANY AND ALL ISSUES IN THE ACTION, WHETHER OF FACT OR LAW, WHEREBY THE JAMS JUDGE SHALL PROVIDE A STATEMENT OF DECISION THEREON. EACH PARTY WAIVES THEIR RIGHT TO A JURY REGARDING ANY CLAIM, REGARDLESS OF THE AMOUNT. TKLG AND CLIENT SHALL EACH BEAR THEIR OWN ATTORNEY FEES AND COSTS FOR ANY ACTION OR PROCEEDING ARISING OUT OF CLAIM.

    THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE TKLG FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS AGREEMENT UPON REQUEST.