Limited engagement terms

LAST UPDATED:  MAY 31, 2018

By scheduling a consultation with an attorney of Ritter Law LLC (collectively with its attorney or attorneys, the “Firm”) using the Firm’s website, ritterllc.com (the “Website”), you agree to these limited engagement terms (the “Terms”). The purpose of these Terms is to outline the nature of such limited engagement and the parties’ respective responsibilities and expectations in connection therewith.

1.                  Limited Scope of the Engagement.

The scope of the engagement is limited to providing advice on general corporate matters during the scheduled consultation. It does not include (i) tax or other specialized advice, such as specialized intellectual property or specialized employment or benefit advice, (ii) any work or advice that would require time beyond the scheduled consultation, or (iii) any actual or potential litigation, appeals, arrangements or transactions that may arise out of matters discussed during the scheduled consultation. The Firm’s representation may be expanded if both parties separately agree in writing to do so. After the scheduled consultation concludes, the Firm has no further obligation to advise you. As such, if the length of the scheduled consultation is insufficient to fully address your relevant legal issues or there are any later legal developments that may impact your future rights and liabilities, including changes in the applicable laws or regulations, you will have to separately engage either the Firm or other legal counsel to further advise you.

The outcome of any matter is subject to inherent risks and other factors beyond the Firm’s control. Therefore, the Firm has not made, and cannot make, any guarantees or promises concerning the outcome of any matter.

2.                  Fees.

The fee (the “Fee”) for a consultation scheduled through the Website must be paid at the time of scheduling. It is expressly understood that, other than as expressly stated herein, such Fee shall be non-refundable and shall be deemed earned upon receipt. Such Fee is based upon the scope of engagement as defined herein. Any additional services provided by the Firm (other than subsequent consultations scheduled through the Website, which shall be governed by these Terms) shall be the subject of, and shall only be provided pursuant to, a separate written engagement letter which shall define the scope of such additional services to be performed and the fees to be paid for such additional services.

3.                  Conflicts; Waiver.

The Firm may decline to advise you (i) if it determines that providing advice to you involves a conflict of interest or (ii) for any other reason set forth in the New York or Florida Rules of Professional Conduct. In the event that the Firm declines to advise you prior to or at the outset of any scheduled consultation, the applicable Fee will be promptly refunded to you by the Firm.

Conflicting matters may arise that require your consent. If such a matter arises, by scheduling a consultation through the Website you agree to consider in good faith consenting to the conflict and that you are favorably inclined to provide such consent absent unusual circumstances.

4.                  Communication.

Unless you specifically direct otherwise, the Firm may use cell phones, email and facsimile machines in the course of this limited engagement. The Firm’s email and facsimile transmissions may not be encrypted so the use of such forms of communication may place confidential or privileged information at risk. Similarly, the use of cell phones may place confidential or privileged information at risk. By scheduling the consultation, you consent to the Firm’s use of these forms of communication.

5.                  Cooperation.

By scheduling a consultation through the Website, you agree to be truthful and to fully and accurately disclose to the Firm all facts that may be relevant to any matters raised during the scheduled consultation.

6.                  Arbitration.

By scheduling a consultation through the Website, you agree that any dispute arising out of, or relating to, a scheduled consultation, these Terms, or the breach thereof, shall be resolved by binding arbitration between the parties. This includes, but is not limited to, claims concerning attorneys’ fees or costs or claims of attorney malpractice (whether any legal services that have been rendered by the Firm under these Terms or otherwise were rendered improperly, negligently or incompetently or otherwise in breach of a contractual or ethical duty). By agreeing to binding arbitration, you waive and thereby eliminate your right to submit the dispute for determination by a court, thus waiving your right to a jury trial. The grounds for appeal of an arbitration award are very limited as compared to a court judgment or jury verdict. Therefore, you should consult with independent counsel and carefully consider whether arbitration is acceptable to you.

NOTICE:  These Terms contain provisions requiring arbitration of fee disputes. Before you schedule a consultation through the Website and agree to these Terms, you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.

Please also be aware that by scheduling a consultation through the Website and agreeing to these Terms, you may have a right, under Part 137 of the Rules of the Chief Administrator of the Courts in New York, to arbitration of fee disputes as provided in that rule, an electronic copy of which will be provided to anyone who schedules a consultation through the website at their request.

7.                  Privacy.

The Firm may store some or all of your files on a variety of platforms, including third-party cloud-based servers. Although the Firm takes every precaution to make sure these servers are encrypted and secure, there is still a risk that your confidential or privileged information may be disclosed. By scheduling a consultation through the Website and agreeing to these Terms, you consent to the Firm’s use of such storage services.

8.                  Attorney-Client Privilege.

Generally, information the Firm and its personnel receive from you is subject to the attorney-client privilege. However, the Firm and its personnel may be under an independent ethical duty to reveal privileged information if it involves (a) the commission of illegal or fraudulent acts that are committed in the course of this engagement, (b) the intent to commit a crime or (c) if the Firm or any of its personnel are required to disclose the information by law or court order. If you are an organization, communications with your constituents in their organizational capacity in connection with the scheduled consultation may also be subject to the attorney-client privilege.

9.                  Governing Law.

The laws of the State of New York, without regard to conflict of law rules, shall govern the interpretation of these Terms.

10.              Miscellaneous.

These Terms constitute the sole and entire agreement between the Firm and any recipient of a consultation scheduled through the Website, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any provision of these Terms or the application thereof is held invalid or unenforceable, the invalidity or unenforceability shall not affect other provisions or applications of these Terms which can be given effect without such provisions or application, and to this end the provisions of these Terms are declared to be severable.