NC PLANNING CLIENT TERMS & CONDITIONS OF REPRESENTATION
We are pleased that you wish to retain the services of NC Planning on your behalf. These Terms and Conditions of Representation (“Terms”) are provided by NC Planning, a North Carolina law firm that offers legal services to North Carolina residents and businesses. These Terms will govern the services provided by NC Planning and the attorney-client relationship in addition to those specific services you have chosen in your Client Services Agreement or if none, then as such services may be detailed by email, consult or other form of communication between you and NC Planning (collectively “Services Agreement”). NC Planning may update these Terms from time to time upon prior notice to you.
Provision of Legal Services/Scope: As a client you are hereby requesting and authorizing NC Planning to represent you as your attorney in connection with the legal services as set forth in the Services Agreement. Each Services Agreement shall define the specific services to be provided to you, the applicable rates and charges therefore, and other appropriate terms and conditions to you as client. All such services provided by NC Planning shall be provided to you in a professional and skillful manner.
Compensation: Compensation amounts will be charged and paid by you as described in these Terms and the Services Agreement. NC Planning’s attorneys will use their best judgment to determine the most economical use of attorney and staff time and do their best to keep your fees as low as possible, but NC Planning does not always have control over the direction a matter takes and therefore any figures NC Planning quotes you are merely estimates, unless specifically noted otherwise. Services will be billed based on Fixed Value Fee, Hourly Rates and may require fee in advance or a retainer. In the event a change of circumstance arises which are not anticipated by NC Planning or the scope of services described in these Terms or the Services Agreement then NC Planning reserves the right to refine the scope of such services and fees upon discussion with you.
Hourly: Any hourly services will be provided in accordance with NC Planning’s standard hourly rates for services applicable at such time, which may be updated by NC Planning from time to time. Time charged will include the time NC Planning spends on telephone calls relating to your matter, including calls with you, other parties to the matter, court officials and among NC Planning staff as long as the work done is reasonably necessary and not duplicative.
Fixed Fee: Any fixed fee owed under the Services Agreement is due and payable as of commencement of your matter. In the event you terminate the representation or NC Planning prior to conclusion of the services such fixed fee will be deemed earned in full and no portion of it will be refunded unless NC Planning determines otherwise.
Expenses: You authorize NC Planning to pay the cost and expenses that NC Planning deem reasonable and necessary for the proper and diligent representation of you within the scope of services specified above unless filing fees or other expenses are specifically included in the fee choice above. These expenses include, but are not limited to, costs such as document filing fees, travel expenses, computer assisted research charges, messenger charges, printing and copying costs, experts, advisors and costs when required by the urgency of the matter.
Fee Dispute: If a dispute concerning fees or expenses should occur and NC Planning and you cannot resolve such then you agree to use the services provided by the fee dispute resolution services of NC State Bar.
You agree that the compensation to be paid is a reasonable fee for legal representation given the time and labor required; the novelty and difficulty of the matter; the skill requisite to perform the legal services; the time limitations imposed by the circumstances; the nature and length of professional relationship; and the experience, reputation, and ability of NC Planning and the attorneys and staff performing the services; and that the acceptance of the particular employment will preclude other employment by NC Planning.
Payment Terms: A billing statement for any legal fees and expenses incurred shall be provided to you on a monthly basis. NC Planning invoiced statements are due and payable within 30 days of receipt. Interest of 1.5% per month shall be charged on all outstanding payments owed. Payments shall be automatically charged to the credit card provided by you unless you notify NC Planning of an alternative billing method in advance of such services being rendered.
Your Assistance: You agree to cooperate and provide assistance to NC Planning so NC Planning can perform the legal services efficiently. In particular, you agree to provide complete and accurate information to NC Planning regarding the subject matter of the representation and to furnish NC Planning with any relevant records or documents which NC Planning may request, to be available upon reasonable notice for consultation, as may be necessary, to keep NC Planning advised of any changes of address or extended absences so that NC Planning may communicate readily with client, and otherwise to assist in the representation as NC Planning may request. The failure to cooperate with NC Planning will be grounds for NC Planning to withdraw from further representation of you as a client.
Confidentiality: All matters disclosed by you to NC Planning shall be kept confidential in accordance with the attorney‑client privilege, and shall not be disclosed to any other person except with your consent.
Representations: NC Planning makes no promise or guaranty regarding the outcome of your matter. However, NC Planning will use their best efforts on your behalf and complete and provide all services in a professional manner.
Website Content and Links: The content published on ncplanning.com including any links posted to other websites or other articles or information submitted from NC Planning or other sources are provided only as a convenience to our clients. NC Planning assumes no responsibility for the content, security, accuracy or reliability of any of such information or other websites or articles.
North Carolina Law: NC Planning’s attorneys are licensed to practice law in the State of North Carolina only and North Carolina law governs your use of the NC Planning legal services arrangement. The state and federal courts located in Wake County, North Carolina will have exclusive jurisdiction over any case or controversy arising from or relating to delivery of services by NC Planning or any other terms hereof.
Successor Lawyer: You agree that in the event NC Planning is unable to assist due to attorney’s illness, death, vacation, or other similar absences then a successor lawyer may be appointed to temporarily assist in your matter. Such successor lawyer may review your file to protect your rights and can assist with the transition of, or closure of such matter and the practice, if such event is permanent. You always retain the right to select a lawyer to represent you though if desired.
Limitation of Liability: NC Planning will not be responsible under any legal theory for damages, including direct, indirect, incidental, consequential or special arising as a result of the use of ncplanning.com or its services. Nothing in these Terms, Services Agreement or as otherwise communicated by NC Planning should be construed as a promise or guarantee about the outcome of your matter as they are opinions only.
Termination: You and NC Planning each have the unconditional right to terminate the Services Agreement at any time for any reason necessary and may do so by providing notice to the other party. Upon termination notice you shall remain responsible for any Attorney compensation accrued at such time. Upon termination, all duties and obligations owed to you by NC Planning pursuant to the express terms of this Terms and the Services Agreement are to be considered null, void and extinguished except for that of continued confidentiality and other ethical responsibilities of NC Planning.
Your File: After services conclude, NC Planning will, upon your request, deliver your file documents and other property in NC Planning’s possession to you. NC Planning will maintain your file in electronic form only so that no originals will be retained upon such conclusion of the matter. NC Planning may transfer such file to any successor firm by way of merger and may destroy such electronic file records 3 years after such conclusion without notice to you if desired.
Agreement: If any provision of these Terms or the Services 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. These Terms and the Services Agreement may be modified by subsequent agreement of you and NC Planning.