Client(s) and attorney, Lauren McClain, hereby mutually agree to the following terms of representation:
- IDENTIFICATION OF PARTIES. This agreement is made between the Law Office of Lauren McClain, LLC, hereafter referred to as "McClain Law" and Client(s). Under this Agreement, McClain Law represents Client(s) exclusively.
- LEGAL SERVICES TO BE PROVIDED. McClain Law hereby accepts this engagement and agrees to use its best efforts to represent the Client(s) in this matter. The legal services provided for under this agreement may be provided by Attorney Lauren McClain or a paralegal employed by McClain Law. Said paralegal’s costs are included in the Client(s)’ total cost as listed below in this agreement. Lauren McClain reserves the right to appoint co-counsel. Client(s) recognize that if the adoption becomes contested in any manner, an Amended Fee Agreement with additional attorney fees may be required. Additionally, the matter may be referred outside of the law firm for new counsel to manage litigation. McClain Law shall not get involved in subsidy negotiation and/or litigation. Referrals for such negotiation/litigation will be offered at Client’s request.
- NO GUARANTEES. Client(s) understand and agree that McClain Law has made no guarantees to the Client(s) regarding the final outcome of the Client(s) legal matters. Any representations made by McClain Law to the Client(s) related to possible outcomes of the Client(s) legal matters are opinions based upon the information known to McClain Law at the time. Client(s) understand that payments made under this Agreement are not contingent on the outcome of the matter.
- AUTHORIZATION TO RELEASE INFORMATION. Client(s) authorize McClain Law, in its discretion, to communicate with individuals and entities necessary to effectuate this matter. Client(s) understand that this may include but is not limited to the following: adoption agencies, public children services agencies, birth parent(s), courts, attorneys for the adoption agency or birth parent(s), guardians, GALs or custodians of a minor or birth parent, etc. Client(s) hereby authorize McClain Law to engage in such communications.
- RESPONSIBILITIES OF LAW FIRM AND CLIENT(S). McClain Law will perform the legal services called for under this agreement. Client(s) will (1) Be truthful and cooperative with McClain Law; (2) Keep McClain Law reasonably informed of developments and of Client(s)' address, telephone numbers and whereabouts; (3) Appear at any scheduled meetings, hearings, trials, mediations, depositions, etc.; (4) Make all payments required by this agreement in a timely fashion; and (5) Notify McClain Law within 24 hours of any change in marital status, employment, allegations of abuse or neglect, recreational drug usage, criminal charges, or anything else that may impact the results of this matter.
- FEES & COSTS. Client(s) will pay McClain Law, LLC for attorney's fees for the legal services provided under this agreement. Client(s) are responsible for all costs, including but not limited to: filing fees, deposition costs, expert fees and expenses, investigation costs, postage costs, service costs, process server fees, certified mail fees, and publication fees. Failure to make timely payments may, upon notice, result in the firm’s withdrawal as your attorney in this matter. ADDITIONAL FEES WILL BE ASSESSED IF THIS MATTER BECOMES CONTESTED. AN ADDITIONAL FLAT LEGAL FEE OF $1000 (NOT INCLUDING NEWSPAPER FEES) WILL BE CHARGED IF SERVICE BY PUBLICATION IS REQUIRED.
- BILLING. Payment is due and payable before work can begin. Such payment will be for services rendered. McClain Law reserves the right to invoice Client(s) for additional fees in the event that this matter exceeds the scope of representation that was originally discussed and agreed upon. Client(s) agree to remit additional monies for escrow within seven days of billing. This is an earned upon receipt fee. It is deemed earned upon payment regardless of the future work performed. If McClain Law does not complete the representation for any reason, Client(s) may be entitled to a refund of all or part of the fee based upon the value of the representation provided, pursuant to the Ohio Rules of Professional Conduct Rule 1.5(a). Client(s) understand that under Ohio Law, payment for attorney’s fees is not contingent on the outcome of the case and thus Client(s) are responsible for payment of the fees, regardless of the outcome of the case. Failure to make timely payments may, upon notice, result in the firm’s withdrawal as your attorney in this matter. Client(s) are responsible for making all digital payments private so they cannot be viewed by third parties. Client(s) are responsible for service fees connected to online payment entities.
- DISCHARGE OF ATTORNEY. Client(s) may terminate this representation at any time with or without cause. Client(s) will be responsible for paying all legal fees and expenses incurred prior to the termination.
- WITHDRAWAL OF ATTORNEY. Client(s) understands that Lauren McClain is not a litigation attorney and may not litigate a contested adoption. McClain Law may withdraw at any time as permitted under the Rules of Professional Conduct of the State of Ohio. Client(s) will be obligated to pay reasonable attorney's fee for all services provided prior to the termination. In the event of withdrawal, it is Client(s)'s responsibility to obtain a new attorney. Attorney McClain will provide recommendations but is not responsible for selecting a new attorney for Client(s).
- RELEASE OF CLIENT(S)' PAPERS AND PROPERTY. At the termination of services under this agreement, Attorney will release promptly to Client(s) on request all of Client(s)' requested papers and property. It is Client’s obligation to request a hard copy of Client(s) casefile.
- ENTIRE AGREEMENT & MODIFICATION. 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. This agreement may be modified by subsequent agreement of the parties by a written signed agreement or a mutually accepted oral agreement.
- SEVERABILITY. If any provision of this agreement is held in whole or in part to be unenforceable, the remainder of the entire agreement will be severable and remain in effect.
By signing below, Client(s) indicate that the foregoing Agreement correctly sets forth their understanding of the terms of our engagement. The foregoing is agreed to by:
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