This Limited Scope Agreement ("Agreement") is entered into as of the date of purchase, by and between Arroyo Law Group, LLP ("Practitioner") and the individual purchasing the RA SOP Pilot offered on the LegalZoom.com, Inc. ("LegalZoom") website ("Client," "you," or "your"). You hereby agree that by checking the box below, you accept the terms of this Agreement as follows:
Please note that Practitioner may refuse consultation that are not placed at least 3 business days prior to the expiration of deadline to respond to legal action. All requests placed less than 7 business days prior to the expiration of deadline to respond must pay additional fees for expedited service. Practitioner will contact you if your consultation is refused or requires additional fees.
Incorporation of Additional Terms
Limited Scope of Services
This Agreement is for limited legal services only. You retain Practitioner to provide the following limited scope of services ("Limited Services"):
One (1) telephone consultation of up to THIRTY (30) minutes and during Practitioner's business hours with you for the following:
- Review/analyze the summons and complaint served on you;
- Answers to your basic litigation questions;
- Suggestions on how to proceed to protect your rights in the lawsuit or proceeding; and
- Referral to litigation attorneys who may be able to assist you at a reduced hourly rate.
Or, alternatively, one (1) email explaining the nature of the notice or summons and complaint served on you.
You may request legal services outside the scope of this Agreement. If Practitioner agrees to provide additional services, those services will be described in and subject to a separate retention agreement in writing signed by you.
Practitioner and LegalZoom have made no representations, promises, warranties or guarantees to you, expressed or implied, regarding the outcome of your litigation, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.
You understand that under this Limited Scope Agreement that Practitioner will NOT be filing or preparing any written response for you and that should you desire to file a written response, a separate written agreement must be entered into and you will be required to pay additional fees and costs for such additional services.
You further understand that proceeding under this Limited Scope Agreement may provide low or no Practitioner costs. However, there are disadvantages, including but not limited to:
Only a cursory inquiry is made into the details and scope of the litigation matter pending against you; thus, important aspects may be overlooked by you and/or Practitioner. You understand that Practitioner cannot and does not make any representations about the outcome of your case.
The Practitioner is an entity separate from LegalZoom, including its subsidiaries, directors, officers, shareholders, and affiliates (collectively, the "Affiliates"). The Practitioner is not a partner, joint venture, subsidiary, division, or affiliate of LegalZoom or its Affiliates. LegalZoom and its Affiliates do not receive any portion of Practitioner's fees and any arrangement subsequently made by you and Practitioner is strictly between you and Practitioner. All marketing services performed by LegalZoom or its Affiliates on behalf of Practitioner are paid for by Practitioner.
You acknowledge that LegalZoom did not give you any legal advice, opinion, or recommendation about your legal rights, remedies, defenses, options, selection of forms, or strategies.
You agree that under no circumstances will LegalZoom be responsible for, and you agree to hold LegalZoom harmless from: (1) the quality of Practitioner's services; (2) your satisfaction with the Practitioner; (3) the results of any advice given by or representation from the Practitioner; or (4) the failure or refusal of Practitioner to respond to or consult with you. Even if liability is found on the part of LegalZoom, it will be limited to the amount paid for the services, and under no circumstances will there be consequential, special, or punitive damages.
You expressly authorize LegalZoom (including its Affiliates) and Practitioner to share certain client information and data with each other, for the purpose of allowing Practitioner to perform the Limited Services set forth herein. Nothing herein shall relieve Practitioner of its duty of confidentiality.
Resolution of Disputes
The laws of the State of California shall be applicable to this agreement, its enforcement, and any and all rights and obligations provided for herein. Any and all disputes that may arise between the parties regarding this Agreement, which cannot be resolved by good faith negotiations, will be submitted to final and binding arbitration in accordance with the rules therefore of the State Bar of California, as administered by the Los Angeles County Bar Association. The arbitrator’s award will be final and binding upon the parties, and a court of competent jurisdiction may enter judgment upon it.
Limitation on Damages
You agree that Practitioner's liability to you, if any at all, is limited to the amount paid for the Limited Services but does not prospectively limit any claims that would not be limited by the California Rules of Professional Responsibility.
The Practitioner-client relationship commences when Practitioner contacts you. Neither your use of the LegalZoom site nor your transmittal of electronic communications, including submission of your completed questionnaire answers, to Practitioner will, alone, create an attorney-client relationship between you and Practitioner; however, all information you submit will be held in strict confidentiality regardless of the existence of an attorney-client relationship.
You understand and acknowledge that LegalZoom is not a law firm or an attorney, and that no attorney-client relationship has been or will be established between you and LegalZoom.
Termination or Conclusion
You may discharge Practitioner, and Practitioner may withdraw its services to you, at any time, with or without cause, by written notice to the other party. Practitioner and Client shall each execute any documents reasonably necessary to complete Practitioner's discharge or withdrawal.
All legal work involves various risks, and the outcome of a any litigation or legal matter is never guaranteed. The risks have been disclosed in this Agreement to the extent we can reasonably do so, however there are always factors, risks and facts of which, in an individual case, the Practitioner may not be aware of and as such will not be able to disclose herein. By undertaking to retain the Practitioner pursuant to this Limited Scope Agreement, the Client acknowledges it is assuming such risks.
Client agrees to cooperate with Practitioner. Practitioner will not provide any factual research or investigation unless specifically contracted for.
To the extent there is a nonwaivable conflict of interest the Practitioner may terminate this Agreement. To the extent there is a subject matter conflict between the Client's litigation matter and another client of the Practitioner or the Practitioner's associate attorneys and to the extent legally permissible, the Client hereby waives any conflict of interest and authorizes the Practitioner to complete and file its application.
This waiver of such conflict will allow Practitioner to represent the Client until such a time as Practitioner feels that a conflict of interest situation precludes representation such that it may not be waived.
Notwithstanding the foregoing, to the extent Practitioner determines a conflict of interest exists, Practitioner reserves the right to transfer the matter to another law firm approved by LegalZoom to provide the within services if such firm does not have a conflict of interest and is willing to accept the matter. In the event of such a transfer, Practitioner shall have no further obligation with respect to the subject matter of this agreement.
The Client agrees and understands that the Practitioner will not provide any tax advice. In the event the Practitioner does provide tax advice, unless it is specifically stated in writing, signed by an attorney of the Practitioner that such advice "may be relied upon for the purpose of avoiding penalties or other consequences that may be imposed upon the taxpayer", then such advice is not intended or written by the Practitioner to be used, and cannot be used by the taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer or any other consequences.
If the Client uses e-mail to communicate with the Practitioner regarding a legal matter, there is a chance that an e-mail message could be intercepted or sent to the wrong person. The Client will avoid transmitting highly sensitive information via e-mail and waives any liability of the Practitioner for any such transmission or response by the Practitioner to any such transmission. The Client hereby consents to confidential communications on cellular or cordless telephones, and acknowledges that such communications between the Practitioner and the Client may be intercepted by third parties and become public.
Informed Consent and Modification
You acknowledge and agree that you have carefully read this Agreement. You understand and agree that as the Practitioner's client, the Limited Services specified above are the only legal help the Practitioner will give you. You understand the possible risks and benefits of the limited service representation described in this Agreement, and the potential adverse consequences of limiting the scope of the Practitioner's representation. Understanding all of these possible risks and benefits, you voluntarily, knowingly, and intentionally enter into this Agreement with the Practitioner. This Agreement may not be modified, supplanted or supplemented by any oral agreement or written agreement unless in writing and physically signed by both you and the Practitioner, thus specifically, any other such modification by the either party, including by e-mail, is voidable at the Practitioner's sole election.
Venue, Jurisdiction & Electronic Signature and "Click-to-Agree" is Binding
You consent to venue in and the exclusive personal jurisdiction of the State and Federal Courts located in the State of California, County of Los Angeles for any dispute arising under or in any way related to this Agreement, to the extent such dispute falls outside the mandatory and binding arbitration provisions of this Agreement. You hereby declare, agree and understand that by signing this Agreement in an electronic format, including by typing your name in an e-mail or "clicking to agree" to these terms, that such typing and / or agreement is an electronic signature and that any such signature is a true and correct signature and shall bind you to all of the obligations as if such signature were made on a paper version of this document in your own handwriting.