Terms of Engagement

The “Terms of Engagement” and conditions of all attorney/client relationships with “you” (the Client) and Durfee Law Group PLLC, including all of its attorneys, paralegals, staff, employees, sub-contractors, and all of its divisions such as Estate Planning Law Group, Business Law Group, Tax Law Group, Probate Law Group, and any other such divisions (collectively “the Firm” or “us” or “we”) are as follows:

Legal Investment. The Firm has provided you or will provide you from time to time with a written Quote or estimate (“Quote”) of recommended legal services before taking action on your behalf. The Firm may provide such a Quote by email, by Legal Investment Menu, by Invoice, by diagram, by a written list or by any other lawful means of communicating with you. The Firm will generally confirm any verbal Quote in writing. Any such Quote is not exhaustive, and there may be additional costs and fees for services rendered beyond the Quote.
Attorney/Client Agreement. The attorney/client agreement between you and the Firm consists of and includes any Quote, the most recent version of the Integrity Agreement, and these Terms of Engagement as up-dated from time to time.
Engagement. Providing information to us, meeting with us, visiting our website, listening to us speak, or discussing and answering your questions do not establish an attorney/client relationship. There is no attorney/client relationship between you and the Firm and we are NOT your attorneys unless and until you retain and pay the Firm and the Firm has accepted the engagement. The Firm is not your attorney and you are not a client of the Firm unless and until you engage the Firm, and the Firm accepts such engagement pursuant to these Terms of Engagement. Any payment you make to the Firm constitutes your consent to and acceptance of these Terms of Engagement. The Firm may also but is not required to ask you to sign an instrument indicating that you acknowledge and accept these Terms of Engagement. For married clients engaging us as a couple, a signature by either one of you is sufficient to engage the Firm. The Firm reserves the right at any time to decline to accept all or any part of any engagement and/or payment of fees.
Scope of Engagement. The Terms of Engagement as set forth herein apply to all legal services provided by the Firm and to all attorney/client relationships between the Firm and its clients. Although you may need other legal services, the scope of our engagement is limited to only those items that you have authorized and paid for as set forth in such Quote. Future or alternative matters which may have been discussed or indicated on the diagram are not within the scope of engagement. We are not providing legal advice to you regarding this agreement.
1. Optional and Adjusted Items. Each item recommended or set forth in any Quote is optional, and you may opt to proceed with all or only some or none of the items. The itemized detail of each matter in any Quote is illustrative only and we may modify or adjust your particular documents during the course of implementation to fit your particular needs or situation. The actual documents we prepare for you and that you sign will control over the itemized detail listed in any Quote. All Quotes and recommendations we provide represent our understanding of what you wish and expect. It is your duty to make us aware of any variances between any Quote and your wishes or expectations.
2. Subscription Services. Recurring Subscription Services (“Subscription Services”) generally include specified and authorized services for a defined service period, daily, weekly, monthly, quarterly, annual, etc. (“Service Period”). The Firm will generally invoice fees for such services and require payment in advance of the Service Period. The Firm commits time and other resources for such services, and the fees are incurred regardless of whether or not you use the time. For example, if a Subscription Service includes up to six hours of attorney time monthly, the Firm sets aside such time and foregoes other work whether or not you actually use the time. As a result, any unused time lapses at the end of the Service Period and does not role over to the next Service Period or result in a refund. Further, services during the Service Period in excess of the set aside time and resources will be charged at standard rates in addition to the regular subscription payment.
3. Bundled Services. The Firm may “bundle” certain services or documents to include multiple components (“Bundled Service”). For example, and not by way of limitation, a Trust package may include a written or online generic list of certain documents. Such lists are subject to change without notice, and the Firm will adjust the generic list to fit your particular situation. The specific details in any communications with you related to your particular planning will control over any such generic list. The actual documents which we prepare and you implement control over any such generic list. At the time of giving a Quote, the Firm may adjust the Minimum Fixed Fee for Bundled Services up or down based on changes or complexity in the details of implementing the listed services based on your needs and requirements.
Jurisdiction. One or more of the attorneys of the Firm are members of the Arizona Bar, the American Bar Association, and admitted to practice law in Arizona, California, Florida, Idaho, Illinois, Texas, and Utah, the United States District Court, and before the IRS. Such jurisdictions are subject to change from time-to-time. By their nature, the services we render are often multi-state, interstate, portable, and/or jurisdiction independent. For example, and not by way of limitation, the Firm may form trusts and business entities to be effective in many different locations without ever practicing law in such jurisdictions, but unless authorized to do so by local law and engaged for such purpose the Firm does not and will not represent such entities in any judicial or administrative proceedings occurring in such jurisdictions. The Firm may accept and represent clients domiciled throughout the United States and other areas of the world for purposes of legal planning that is based primarily on United States Federal Law and/or the laws of any other jurisdictions where such attorneys are authorized to practice, and/or that is not dependent upon local law or forum. To the extent that local law in a jurisdiction where such attorneys are not authorized to practice is required or involved in such services, the Firm may on a case-by-case basis engage, associate, or consult with legal counsel licensed to practice in other jurisdictions. The attorneys of the Firm do not appear or practice in any court, legal forum or jurisdiction in which they are not licensed to practice law. The Firm advises you to obtain qualified independent legal counsel for matters requiring representation in jurisdictions where attorneys of the Firm are not licensed to practice law.
Conflicts. The Firm represents a diverse array of individuals and entities, and these clients may have matters in conflict with you. The Firm will represent you on the basis that our representation of you will not preclude the Firm from representing other clients, including but not limited to clients adverse to you. Unless the Firm has advised you otherwise, we are not aware of any representations adverse to you. However, given the nature of the Firm’s practice and clientele, we are not always able to identify conflicts among our clients with any specificity. The Firm will not, under any circumstances, represent any client adverse to you in the matter that is the subject of this representation. If you are establishing or have already established business or trust entities, you consent to have the Firm serve as legal counsel for both you individually and for such business and trust entities. If you are married, or an unmarried couple, you are both engaging the Firm and you each consent to the Firm’s representation of both of you unless we have made a specific written communication stating otherwise. You acknowledge and represent that there are no conflicts which might impair such joint representation. The Firm reserves the right to withdraw as legal counsel if a conflict arises between or among any of these or other jointly represented persons or entities. You have a duty to notify the Firm of any conflicts that affect you. The Firm strongly advises you to obtain independent legal counsel concerning all conflicts of interest.
Authorized Distribution & Disclosure. The Firm maintains the confidentiality of all information you disclose. Such communications are privileged only if you have engaged the Firm pursuant to these Terms of Engagement. In order to coordinate and implement your legal plan, you authorize the Firm to communicate with and provide documents to your advisors, fiduciaries, agents, representatives, surrogates, and family members. Couples jointly represented each authorize the Firm to fully disclose to both of them any information we receive from either one of them. Your advisors and fiduciaries have their own independent duty to maintain the confidentiality of such communications. Documents the Firm prepares for the purpose of communicating with third parties on your behalf do not waive the attorney client privilege. To the maximum extent permitted by law, the Firm’s communications on your behalf are 1) between the Firm as your attorneys and your advisors and fiduciaries as your agents, 2) reasonably necessary to facilitate communication with you concerning the legal services the Firm is providing, and 3) subject to the attorney/client privilege. You authorize the Firm to communicate with third parties on your behalf and as your agent as the Firm determines is in your best interests and as may be required by law. You may limit or opt out of any communication set forth in these Terms of Engagement by giving the Firm written notice, and it is your affirmative duty to notify the Firm in writing if you wish to do so.
Proof of Identify. From time to time the Firm is or may be required by law to verify, make a record of, and/or provide applicable governmental authorities and others with proof of your identity. Accordingly, upon request you must provide the Firm with accurate proof of identity including but not limited to a valid and unexpired government issued photo identification card such as a driver’s license or passport. By providing such identification documents, you authorize the Firm to make copies, to retain them in the Firm’s records, and to use such identification and the information contained therein to communicate with and report to applicable governmental agencies and others.
Authorization To Sign Tax Documents. You authorize the Firm to complete and sign on your behalf Form SS-4 and/or the equivalent on-line application in order to obtain EIN’s as needed for your planning and entities.
On-Line and Communication Privacy. Your on-line and communication privacy is important to us. Protecting your privacy requires you to take action.
1. On-Line Posts. You consent to public disclosure of all comments, likes, links, reviews, or other data or information that you or anyone acting on your behalf posts on this website or on third-party websites which, by its terms or context, is intended or available for public viewing.
2. Electronic Records. The Firm may but is not obligated to store communications and documents we prepare in connection with our representation of you and other information in electronic format on our local servers which may or may not be connected to the internet. Unless you expressly advise us otherwise in writing, you authorize the Firm to communicate electronically with you, your advisors, family members and fiduciaries, by any lawful means or device including but not limited to email, text message, VOIP, voice mail, or otherwise, all of which communications may be recorded or stored as an electronic record. In order to facilitate such communications, you authorize the Firm to up-load your documents and communications including but not limited to recorded phone calls in electronic format of our choosing to our off-site web servers and/or “the cloud” or similar technology. All such records may from time to time be deleted and we have no duty to retain them.
3. Opt In and Opt Out. The services provided by the Firm require us to communicate with you. By providing us with your contact information of any kind or nature including but not limited to your email address, phone number, voice mail box, social media account, mailing address, or other method of contact, you opt in to periodically receive communications from the Firm by way of such contact information. It is your duty to make sure that the Firm has up-to-date contact information for you. We may at any time call, email, text, mail, message, or otherwise communicate with you through such contact information. You are responsible for all costs associated with your contact information service providers, and you may be charged standard rates for such communications. You may opt out of such communications at any time by notifying the Firm in a manner applicable for the particular communication method including but not limited to texting or replying STOP or HELP for help. Opting out of such communications may limit the Firm’s ability to serve you.
4. Privacy Limitations. Although we do not deliberately disclose your private information, we advise and warn you that the internet is inherently vulnerable to unlawful hacking of private information, and that historically even highly secured information has been unlawfully violated. We DO NOT encrypt or take other such measures to prevent the interception or hacking of electronic communications. We DO NOT monitor or guarantee what internet service providers and/or other third-parties may or may not do with respect to electronically transmitted information. If you share links or passwords, you may be making your information vulnerable. It is your duty, not the Firm’s, to protect your online privacy and information. If you wish the Firm to not use the internet for communication and document sharing, it is your duty to so advise us. If you opt out of such electronic communications and document storage, there will be additional charges for the extra time required and the cost of paper, copies, supplies, mail and/or alternative delivery services or mechanisms.
5. Client Portal. The Firm provides a Client Portal that we believe is a secure means of communications based on the representations of third party service providers. We do not possess the technical expertise to independently verify or test such representations. Information transmitted by any other means will not have the protection provided by the Client Portal. If you initiate the use of any electronic means for sending confidential information including but not limited to email, you consent to such use and accepts its risks.
6. Electronic Signatures. From time to time, the Firm may also facilitate electronic signatures of certain documents by you and others associated with you. You are not required to use any electronic signature service. If you choose to use any such electronic signature service, you consent to the terms and conditions of such service provider, and agree to read and download all applicable documents. You may choose not to use such electronic signature services by requesting paper copies or originals of applicable documents for signature. Opting out of the use of electronic signatures when available may result in additional charges.
7. Electronic Notary and Witnesses. To the extent that electronic signature of witnesses or notaries are permitted by law, and to the extent that any such services are used on your behalf, you consent and agree to the terms and conditions for the use of such services, and acknowledge that they are used for your benefit and convenience. Be advised that the use of electronic signatures, witnesses, and notaries, is an emerging area of the law, and such laws may change and vary from time to time and from place to place. For that reason, the risks of such services may not always be clear or certain. If you use such services, you accept and consent to the associated risks, known and unknown. You are not required to use such services, and may request wet signatures at any time. Costs resulting from the manner in which signatures are obtained on your behalf may result in additional charges to you.
Relationships with Other Professionals. You have a right to obtain independent financial, investment, insurance, accounting, legal, and other professional services through any qualified advisor of your choice. The attorneys of the Firm have referral relationships with many such advisors. The Firm does not pay referral fees or share legal fees with any non-attorney. Nevertheless, the Firm or its attorneys may engage such advisors for their own benefit or to assist with your plan and compensate them accordingly. Such advisors may be clients of the Firm and pay the Firm legal fees for services rendered on their behalf. Such advisors and the Firm may each collect fees on behalf of the other. The attorneys of the Firm may assist you in engaging such advisors, and may advise you from a legal perspective concerning related products or services. However, the Firm is not responsible for the products and services such advisors provide. Likewise, such advisors may assist you in engaging the Firm, and may provide input from the perspective of their profession concerning details of your legal services. However, such advisors are not responsible for legal services the Firm provides. The scope of the Firm’s engagement is limited to legal matters. We believe that such professional relationships do not result in any conflict of interest that materially impairs our representation of you. Nevertheless, you have a right to and are hereby advised to seek independent legal advice concerning the fairness and reasonableness of such professional relationships, and unless you notify us otherwise in writing, you consent to such professional relationships.
Disclosure of Financial Interests. The scope of the Firm’s engagement is not related to and does not include services provided pursuant to any non-attorney professional license, employment, or volunteer position held by an attorney or family member of an attorney. Members of the Firm may directly or indirectly receive compensation either personally or by virtue of their family relationships as a result of transactions involving such licenses or employment. Such compensation is not part of or an offset against your legal fees. The cost of such services is determined by third parties, and will not be increased or decreased as a result of any family or professional relationships with members of the Firm. You have a right to and are hereby advised to seek independent legal advice concerning the fairness and reasonableness of such relationships, and unless you notify us otherwise in writing you consent to such professional relationships, including but not limited to the following:
1. No member of the Firm is licensed to sell securities or insurance. Janel Durfee, the wife of attorney Richard E. Durfee Jr., is licensed to sell insurance and is an Investment Advisor Representative through Wealth Planning Strategies, LLC with Wealth Resources Investment Advisors, LLC, Registered Investment Advisor. She is or may also be affiliated with or do business with or through various investment advisory firms and investment funds.
2. Attorney Richard E. Durfee Jr. is a past President and Chairman of Legacy Global Foundation, a 501(c)3 tax-exempt public charity, qualified to receive tax deductible gifts, make charitable grants, and carry out charitable initiatives pursuant to its philanthropic mission. He now has emeritus status with Legacy Global Foundation.
3. The attorneys and staff of the Firm may make voluntary contributions of time and resources to various tax exempt charitable organizations of their own choosing, and from time to time may encourage, request or recommend that you do the same.
Your Required Action. You are responsible for disclosing to the Firm all information necessary and appropriate to implement your legal planning. You are responsible on an ongoing basis to provide the Firm with your accurate and up-to-date contact information. If we do not have your current contact information, we cannot communicate with you. Incorrect or incomplete information may result in incorrect or incomplete legal documents. Your failure to provide the Firm with current and accurate contact information on an ongoing basis constitutes termination of the attorney/client relationship and may result in the loss or destruction of your property and documents in our possession. Much of the legal planning we do will require you to take action. This may include funding trusts and business entities, transferring properties or assets, accounting, tax reporting, and other action. If you do not complete your action items, or if you do not use trusts and business entities correctly, the benefits from your legal planning may be diluted or lost. It is your duty to use your legal planning in accordance with applicable law. It is your duty to make the Firm aware of any facts, legal issues, events, claims, or concerns that affect your planning or require action by the Firm. It is your duty to inform the Firm if there is any aspect of these Terms of Engagement which you do not accept at any time during our attorney/client relationship.
Terms & Payments. Your payment of fees from time to time constitutes agreement and consent to all the terms and conditions of our engagement as set forth in this Terms of Engagement and incorporated documents as updated from time to time.
1. When Fees are Due. For new estate planning clients, the terms to engage the Firm are a minimum of one-half of the Legal Investment to get started. The balance is due when we have prepared signature ready documents and must be paid at or before delivery of signature ready documents. For certain tax planning, business and/or probate matters we may require an initial payment of more or less than one half. Otherwise, all fees are incurred and due when the services are rendered.
2. Payment Plans. On a case-by-case basis, the Firm may agree to a payment plan. The Firm may require a credit or debit card for payment plans. Unless other arrangements are made in writing, the Firm will commence working on payment plan projects once you have paid one half of the proposed fees. The Firm will only deliver the documents or services once you have paid the entire remaining balance of fees then due. Other terms written on our regular billing statements apply.
3. Additional Charges. The Legal Investment indicated in any Quote and/or Invoice is net of all credits and discounts. No other discounts or credits apply. Interest of 2% per month will be assessed for balance remaining unpaid after notice that signature ready documents are ready for delivery, whether or not you sign them. Failing to pay fees when due may result in delay or non-implementation of your plan. The Firm will not record deeds, file and publish entities, or deliver signature ready or signed documents unless and until the balance due is paid. Unless other arrangements are made in writing, there may be additional charges to update documents if you have not signed within 30 days from when the Firm delivered them to you or gave you notice that they are ready for signature. Additional charges may be added for payment by credit or debit card.
4. Costs and Third Party Charges. You may directly pay for third-party costs and fees by providing us with appropriate debit or credit card information. Providing such information to us constitutes your consent and authorization to make charges against such card.
Non-Refundable & Refundable. Fees paid for completed representation and services are not refundable. Fees for future or pending services may be refundable or non-refundable in certain instances as follows:
1. Minimum Fixed Fees. Because the Firm must set aside time and resources to serve you when you engage us, and because we will commence immediately with your project upon receipt of your initial payment, pre-paid minimum fixed fees are earned and generally non-refundable upon receipt even if you choose not to complete the project. Nevertheless, you may discharge the Firm at any time and may be entitled to a refund of all or part of such a minimum fixed fee based on the value of the representation which will be determined in part by the time and resources of the Firm deployed and work the product prepared or services rendered on your behalf.
2. Prepaid Hourly Fees. The Firm will deposit pre-paid fees for hourly matters in our IOLTA Trust Account (the interest on which goes to the Arizona Bar Foundation) and bill against such funds as work is completed. If you make such a payment, and the Firm completes the hourly services before the payment is deposited, the Firm may deposit such fees directly in the Firm’s operating account rather than the IOLTA. Any unused portion of such fees is refundable upon completion of the services.
3. Subscription Service Fees. Fees you pay for Subscription Services are earned on the first day of the indicated Service Period. Fees for Subscription Services do not roll over from one Service Period to the next. Fees for past Service Periods or the current Service Period are not refundable. You may terminate Subscription Services for future Service Periods at any time by giving the Firm written notice. Fees prepaid for future Service Periods are refundable upon termination.
4. Bundled Services. Changes within a list or the omission of unnecessary or unused documents included in a generic list of Bundled Services does not trigger a refund or discount of fees for Bundled Services. Additional services or documents not included in a list of Bundled Services will result in additional charges.
Tax Deductions. To the extent that your legal work relates to tax and business advice, your accountant or tax preparer may be able to treat all or some of it as an income tax deduction. Note on your check memo “Tax Advice” or “Tax and Business Advice.” This is not tax advice, and you should consult with your tax preparer regarding any such deduction.
Open File Period. If you do not engage the Firm within 30 DAYS of any Quote or initial consultation, we will close your file or close that particular matter. The Firm may still be available to help you in the future, but only if you engage us . If you do not engage the Firm, we strongly recommend that you hire other legal counsel. If you have an ongoing attorney/client relationship with the Firm, if you do not authorize the Firm to proceed within 30 Days of a Quote or recommended action, we will close the matter Quoted and take no action on your behalf in that regard without necessarily terminating the attorney/client relationship.
Recurring Services. Certain services may be periodically recurring and billed accordingly. For example, and not by way of limitation, there may be annual charges for serving as Registered or Statutory Agent for business entities, filing annual reports, or for holding certain client property such as your “Safe File”. Such services are optional, and you may initiate or terminate them at any time by giving the Firm written notice. The Firm has no duty to perform such recurring services unless engaged to do so in writing.
MINIMUM FIXED FEES & VALUE BILLING. Wherever possible, the Firm will bill on the basis of a Minimum Fixed Fee for a particular matter or document or Bundled Service, regardless of the time involved, and regardless of the particular elements of a Bundled Service that are necessary or actually used in a particular situation. A “minimum” fixed fee is the least amount for the applicable services and there may be additional charges. ALL FEES AND TIME INCREMENTS BILLED ARE SUBJECT TO ADJUSTMENT UP OR DOWN BASED ON THE TIME AND LABOR REQUIRED, THE NOVELTY AND DIFFICULTY OF THE ISSUES INVOLVED, THE SKILL REQUIRED TO PERFORM THE SERVICE PROPERLY, THE PRECLUSION OF OTHER CLIENT WORK, THE AMOUNT INVOLVED, THE RESULTS OBTAINED, TIME LIMITATIONS IMPOSED BY THE CLIENT OR THE CIRCUMSTANCES, AND OTHER FACTORS including but not limited to the resulting value to you. The cost for particular documents may reflect the historical time, professional expertise, and intellectual property in developing the document, and not just the time in implementing it in the instant situation.
Costs and Additional Services. You are responsible for all out-of-pocket costs. The Firm will bill all costs and services not included in the listed item detail as incurred at our regular hourly and minimum fixed fee rates. Itemized charges for costs are estimates only, and the Firm will bill additional out-of-pocket costs, if any, as incurred. Charges for out-of-pocket costs may include payments to third-parties as well as in-house costs, postage, copies, and nominal handling charges. The Firm will bill for document processing, filings and recordings after the thirty day review period at the applicable staff rate (unless the delay is due to the Firm).
Rates. The Firm’s current hourly rates are:
1. Partners $400 – $900/Hour
2. Associates $250 – $375/Hour
3. Paralegals $150 – $250/Hour
4. Legal Secretaries and Clerical Staff $60 – $100/Hour
Client Property & Funds. From time to time the Firm may be in possession of your property including but not limited to certain original signed documents and/or funds. The possession of such property may be separately governed by specific agreement or instructions. You may request the return or other disposition of such property at any time in writing. The Firm may, at its discretion, return such property to you or convey such property to a third-party on your behalf including but not limited to another law firm or a family member of yours. The Firm may but is not required to decline to return or convey such property if the Firm reasonably believes you are acting under duress or undue influence, or that you or other persons may be injured or harmed as a result. Nevertheless, the Firm has no duty to investigate or determine such potential harm to you or others in following your instructions regarding disposition of your property. The Firm is not responsible for any such property once it is delivered to you or to a third-party on your behalf. The Firm reserves the right to decline taking or retaining possession at any time of any property that may belong to you. Certain documents the Firm prepares for you become your property only when you have paid all associated fees for such documents. For example, and not by way of limitation, a Trust document prepared for and executed by you becomes your property when you have paid the fees for the preparation of such Trust document. All such documents the Firm prepares in connection with you that you have not paid for, remain the property of the Firm. Only your executed and signed documents and PDFs of such documents become your property. Editable files and templates of any kind upon which your documents may be based may be deleted, modified or overwritten at any time without notice and to the maximum extent permitted by law remain property of the Firm and do not become your property.
1. Your Records. All letters, emails, diagrams, and all other documents of any kind that the Firm provides to you during the course of representation may be the only copy you receive and should be retained by you if you wish to have a record. The Firm does not assume the duty of keeping copies of your documents, communications or data. In the due course of representing you and/or upon conclusion of such representation, all work product, notes, data, information, diagrams, internal memos, calendars, documents, drafts, communications, emails, letters, billing statements, time records, and other such items of any kind or nature produced or prepared by the Firm in connection with you may be updated, modified, overwritten, archived, deleted, destroyed, or otherwise rendered unavailable or inaccessible for future retrieval or communication at any time without notice. It is the Firm’s practice to periodically purge and delete or destroy obsolete, unused, superseded, or otherwise outdated documents. It is your duty to retain your own records.
2. Return or Destruction of Property. Upon any termination of the attorney/client relationship, you are entitled to and must claim your property then in the Firm’s possession to prevent its loss or destruction. Return of such property upon termination of the attorney/client relationship is hereby tendered and may be claimed upon written request. The Firm may destroy any such property that remains unclaimed more than 30 days after terminating the attorney/client relationship.
3. Disbursement of Client Funds. Client funds in the Firm’s possession will be deposited in our law firm IOLTA Trust Account. Such funds will be disbursed only on the following terms and conditions:
  1. All fees and costs incurred relative to such funds by the Firm will be paid out of such funds before disbursement.
  2. All deposits will be held for a minimum of thirty days and such additional periods of time as necessary to verify that the funds are available. No disbursements will be made on funds that we have any reason to believe are not or may not be available.
  3. All parties entitled to the funds must sign written instructions directing how the funds are to be disbursed. We may require appropriate proof of claims and proof of identity for parties asserting an interest in such funds. With married couples, the written instruction of only one spouse is required unless the Firm has notice of a conflict between such spouses as set forth herein.
  4. The Firm may but is not obligated to honor the written request by a party entitled to funds to disburse all or part of such funds to a third-party for or on that party’s behalf.
  5. All parties receiving or entitled to such funds are solely responsible for all applicable taxes and tax reporting relative to such funds. The Firm is not responsible for any tax or tax reporting for client funds in its possession or disbursed.
  6. In the event of a conflict among parties entitled to or claiming an interest in the funds, the Firm will retain all disputed amounts until there is a written settlement, a determination through alternative dispute resolution, or a court order directing how the funds are to be disbursed. The Firm reserves the right to unilaterally disburse contested funds to a third party escrow agent or another law firm which will hold such funds pending resolution of such disputes.
  7. The Firm reserves the right (but not the duty) to refuse disbursement of funds if we have reasonable cause to believe they are or will be used to harm another person, for an unlawful purpose, money laundering, violation of any court order, contrary to statute or code of any applicable governing authority, or if disbursement would constitute a conflict of interest or otherwise violate the Ethical Rules governing attorney conduct.
  8. The Firm may retain unclaimed funds while we make reasonable efforts to identify the parties entitled thereto and arrange disbursement. The Firm may charge fees and costs as incurred against unclaimed funds. Otherwise, unclaimed funds, net of applicable fees and costs, may be disbursed to appropriate government authorities as required by law.
  9. For deposit of funds payable to a deceased person or the estate of a deceased person, the total amount of such funds must be below the applicable “small estate” threshold for probate or otherwise not subject to probate.
  10. All such deposits and disbursements are subject to the governing laws and regulations as well as the internal policies and procedures of the bank or institutional custodian of the funds.
4. Mail & Deliveries. Mail, packages, or other deliveries of any kind received by the Firm that is addressed to you or to any entity owned or controlled by you (collectively “mail”), is subject to the following:
  1. You consent to the Firm’s receipt of mail on your behalf including but not limited to all mail that comes to the Firm as a result of filings, recordings, and other actions the Firm may take on your behalf.
  2. It is your duty (not the Firm’s) to change the delivery address for all mail that you do not want sent to or received by the Firm.
  3. You expressly authorize the Firm to open and inspect the contents of all mail as your attorneys in order to determine what, if any, action or recommendations on your behalf by the Firm may be appropriate.
  4. Although the Firm may open mail and may make recommendations to you accordingly, we do not have a duty to do so, and may forward mail to you unopened.
  5. We reserve the right in our discretion to destroy “junk mail” as that term is commonly understood without notice to you.
  6. Unless you have expressly engaged the Firm for such services, the mere receipt of mail addressed to you does not constitute engaging the Firm and does not result in any duty for the Firm to take action on your behalf.
  7. The Firm has no duty to retain any record of mail. Nevertheless, we may or may not in our discretion scan mail and save a copy in our records.
  8. We may in our discretion or as requested by you forward mail to you via email, the Firm’s online secure portal, or to your last known mailing address in our records. It is your duty to inform us of any changes to your contact information.
  9. Unless mail forwarding is included in a bundled Subscription Service for which you have engaged the Firm, we will charge costs and standard hourly and fixed fee rates for receiving and forwarding mail to you.
  10. You may opt out of mail forwarding by notifying us in writing or by terminating our attorney/client relationship, in which event the Firm may in its discretion destroy all mail without opening it.
Dispute Resolution. The Firm desires to resolve all issues regarding fees and/or services quickly and amicably. If you dispute or question any charge on an invoice or billing statement, you must notify the Firm within thirty days of the date of the invoice or billing statement and give us the opportunity to respond. Your silence means you accept the charge. If you have any dispute or concern regarding services rendered, you must notify the Firm within thirty days of such services and give us the opportunity to respond. Your silence means the services are acceptable to you. You agree to resolve all disputes concerning fees and services including but not limited to claims for professional negligence or malpractice exclusively in accordance with the terms of the most recent version of the Integrity Agreement which may be provided in association with your planning.
Duration and Termination. Once engaged, the Firm will serve as your legal counsel on an ongoing basis subject to these Terms of Engagement as modified from time to time until either party terminates the attorney/client relationship. Notwithstanding the ongoing attorney/client relationship, from time to time there may be no then pending action by the Firm on your behalf. Either party may terminate the attorney/client relationship at any time. To the maximum extent permitted by law, the duties of confidentiality and the attorney/client privilege survive termination. Your actions that constitute termination of the attorney/client relationship include but are not limited to: entering into a transaction or relationship that results in a conflict of interest or otherwise prevents the Firm from serving as your legal counsel, failure to communicate with the Firm, failure or refusal to take action or to follow the Firm’s advice or recommendations, failure to pay all fees and costs when due, failure to keep the Firm informed of your current and accurate contact information, and any other act or failure to act that indicates your intent to terminate or unwillingness to continue the relationship.
Governing Law. This agreement is subject to the laws of the State of Arizona.
No Side Agreements. These Terms of Engagement together with incorporated attachments are the entire agreement and there are no side agreements unless made in writing and executed by the parties.
Change. Change is inevitable. These Terms of Engagement are subject to change at any time without notice in response to changing laws and circumstances. The Firm posts these Terms of Engagement online to make them readily available to you as a Client and all potential Clients of the Firm. It is your duty to review them periodically and each time the Firm renders services on your behalf, and to notify the Firm of changes in your expectations, intent, circumstances or needs that bear upon these Terms of Engagement and/or the attorney/client relationship.
Ethical Rules. The intent and purpose of these Terms of Engagement is to comply with all applicable ethical rules governing the conduct of attorneys to which the Firm and its attorneys are subject. These Terms of Engagement shall be interpreted and construed consistent with such ethical rules. If there is any variance between these Terms of Engagement and applicable ethical rules, the ethical rules shall control.