THIS LIMITED SCOPE REPRESENTATION AGREEMENT (“AGREEMENT”) GOVERNS THE ACCESS AND USE OF THE SERVICES FROM THE DEC LAW FIRM (“ATTORNEY”), AS THE “CLIENT”. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. 

CLIENT AGREES TO THE TERMS OF THIS AGREEMENT BY CLICKING A BOX INDICATING ACCEPTANCE, UNLESS A SEPARATE AGREEMENT ENTERED INTO BY CLIENT AND ATTORNEY SUPERSEDES THESE TERMS. 

This Agreement is effective between Client and Attorney as of the date that Client accepts this Agreement by clicking the box indicating acceptance and all necessary checks for conflicts of interest have cleared by Attorney. (the “Effective Date”). Client and Attorney are referred to collectively as the “parties” or individually as a “party.”

WHEREAS

 

Wealth, Inc. (“Wealth”) refers Client, who is creating or maintaining their estate planning documents through the Wealth digital platform, to Attorney to obtain certain legal services.

 

Attorney and Client desire to enter into an arrangement whereby Attorney will provide a limited-scope representation of Client, as described in this Agreement.

 

Attorney is not an agent or employee of Wealth and maintains its independent judgment.

 

NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound hereby, the Parties agree as follows:

 

1.            Limited Scope Representation

 

Attorney will limit the scope of representation to provide only certain specific legal or quasi-legal services (“Services”).

 

Client may request any of the following types of Services from Attorney:

 

a.   Preparation of legal documents, including the deed and any associated tax forms, printing and signing instructions, or other work product that is required to effect recording of the transfer, to effectuate the transfer of real property for estate planning purposes and the recording of such transferred ownership, with the objective of minimizing any transfer taxes or reassessment of property taxes (“Deed Preparation”); or 

1. Notarization of legal documents (e.g., estate planning and real property documents) by a notary public who is licensed in the state where such notary public will be taking the acknowledgment or oath; or

c.   Live consultation to obtain legal advice (“Consultation”) for either a half hour or a full hour to discuss topics as agreed upon by Client and Attorney in advance.

 

Client and Attorney will agree upon the type and scope of the Services before the attorney-client relationship is established. Attorney may advise Client that one or more issues raised by Client exceed the limited scope of the representation and Attorney is not able to provide advice or services on those issues as part of the limited-scope representation. Attorney must provide an alternative solution to Client to accomplish Client’s objectives and may advise Client that a broader-scope representation with Attorney is necessary or that Client may need to consult a different attorney for representation more suitable to Client’s needs.

 

Attorney will rely entirely on the facts and information provided by Client without any independent investigation of facts. Client is responsible for providing accurate and complete information and records to Attorney. Client agrees to provide true and complete information to Attorney in responding to questions and in completing intake procedures and documentation. The provision of incomplete or inaccurate information to Attorney may impair the ability of Attorney to provide timely and effective Services.

 

Attorney may choose to assign any one attorney within the firm or, in the case of Notary Services only, a licensed notary public who is affiliated with Attorney or Attorney’s firm, to provide the Services to Client; provided, however, that an attorney providing Services must be an individual who (a) in the case of Deed Preparation and Consultation, is licensed to practice law in the state under whose laws Client is seeking the Services and holds himself, herself or themself out to the public as an attorney practicing estate planning, trusts and estates or real estate law, or (b) in the case of notarial Services, is licensed as an official capable of taking an acknowledgment or oath in the state where Client is located at the time the Services are rendered.

 

a.                              Deed Preparation Services 

 

For a Client who requests Deed Preparation Services, Attorney will collect all documents from the Client that Attorney considers to be necessary to effect a legal transfer of title for the real property; communicate with the Client to ensure all information is properly collected and to resolve any discrepancies in the information; prepare the legal documents in a competent and workmanlike manner using the highest professional standards so that the documents are accurate, complete and free of error; and deliver the legal documents to the Client.

 

b.                              Consultation Services 

 

For a Client who requests Consultation Services, Client and Attorney will agree upon the scope of the Services before the attorney-client relationship is established. If the Client expects Attorney to have reviewed legal documents in advance of the Consultation, Client must reserve a half hour in addition to the length of the live consultation and provide such documents directly to Attorney at least three business days prior to the consultation using the email address or other method that either Attorney or Wealth will communicate to Client.

 

2.            Payment of Fees, Costs, and Expenses

 

c.                              Payment of Fees 

 

Attorney will charge a flat fee for the Services in accordance with Schedule 1 (“Legal Fee”), which excludes fees charged by a third party such as (i) any fees that Wealth might charge for administrative services and credit card fees, (ii) any recording fees or other costs imposed by a government or authority associated with Deed Preparation, (iii) any title search or other research fees, and (iv) any shipping and handling fees associated with Deed Preparation (“Administrative Fee”). A fee may be subject to change from time to time at the discretion of the service provider. Wealth, otherwise Attorney, will communicate the total fees charged to Client through the Wealth digital platform. Attorney, Client, and Wealth agree that the Legal Fee owed to Attorney will become Attorney’s property when paid by the Client, the Fee will not be held in a client trust account, and the Fee will represent full payment for Services. In accordance with the rules of professional conduct, if applicable, Client may request that the Fee be placed into a trust account, and Client is entitled to a refund of the Fee until the transfer of real property has been recorded.

 

The Legal Fee will be collected by Wealth from Client, and Wealth will facilitate payment of the Legal Fee to Attorney pursuant to a separate agreement between Wealth and Attorney. Client agrees to provide Wealth with the necessary information to obtain payment of the fees using Client’s credit card or other payment form and to authorize the use of that payment form when Client provides the information to Wealth. Client agrees that Attorney may use the services of Wealth to collect any payments due from Client and remit such payments to Attorney.

 

d.                              Attorney-Client Relationship 

 

Attorney and Client acknowledge that Wealth is not a party to any attorney-client relationship between Attorney and Client, and any payment from Wealth to Attorney for purposes of facilitating the referral of Client to Attorney will not interfere with Attorney’s independent professional judgment or the attorney-client relationship between Attorney and Client. Client agrees that Wealth owes no duties to Client, and Wealth is not liable for any Services performed pursuant to this Agreement.

 

Attorney is responsible for maintaining an attorney-client relationship with Client and is responsible for all Services provided to Client. Attorney retains all rights to make independent professional judgments, and Wealth will not influence or attempt to affect the rendering of Services by Attorney or the relationship between Attorney and Client. Attorney reserves all rights to refuse service or decline to commence an attorney-client relationship with anyone.

 

If Client is creating legal documents with another individual, Client agrees to hereby bind the second individual, to the greatest extent allowable under law, to this Agreement. Attorney reserves the right to ask the second individual to enter into a separate agreement with Attorney. Client acknowledges that any joint representation involves the possibility of potential conflicts of interest arising during the joint representation. This section discloses the potential for conflicts of interest and confirms the consent of Client and the second individual to the joint representation.

 

Client acknowledges receipt of these disclosures, consents to the payment to Attorney by Wealth, and waives any conflicts of interest that may exist now or in the future as a result of either the payment by Wealth or the separate agreement between Wealth and Attorney. Client gives informed consent to the payment of Attorney by Wealth and the separate agreement between Attorney and Wealth. Client further acknowledges that neither the payment by Wealth nor the separate agreement between Attorney and Wealth interferes in any way with the Attorney’s independence of professional judgment or with the relationship between Attorney and Client.

 

3.            Miscellaneous

 

Client and Attorney agree this Agreement will be governed by the laws of the State of New York. Client is entitled to receive an independent legal opinion regarding this Agreement and the advisability of signing this Agreement. 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 for the matters addressed herein. Execution of this Agreement constitutes an acknowledgment of full disclosure of potential conflicts of interest regarding current clients and potential conflicts of interest between Attorney and Client. This Agreement may be executed as click-wrap terms on a website hosted by Wealth.com.