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Written Flat Fee Agreement For Specified Legal Services: Complex Legal Matters

Pursuant to Rule 1.15b(1)-(3)

• Attorney Contact Information:
• Peter F. Barry, Attorney at Law – pbarry@lawpoint.com
• The Barry Law Office, Ltd – Consumer Rights Attorney
• 2828 University Ave SE, Suite 202
• Minneapolis, MN 55414-4127
• Office (612) 379-8800

1. PARTIES. This Written Flat Fee Agreement For Specified Legal Services (“agreement”) is made between The Barry Law Office, Ltd, referred to as “Attorney”, and the other person who has entered this agreement, as identified by providing the credit card/EFT/banking information required after clicking the payment button below, and fully paying the required fee, referred to as “Client”.
2. NOTICES AND ACKNOWLEDGEMENT. The client hereby acknowledges and agrees as follows:

• • The nature and scope of the services to be provided are a legal consultation with an attorney to discuss strategies on a pending, served, or filed COMPLEX LEGAL MATTER involving the client and in Minnesota state or federal court, or otherwise (“Legal Consultation”).
  • The total amount of the fee is $2,500.00 (“Fee”).
  • The terms of payment of the Fee are that it must be paid entirely up-front by the client and before any legal services are rendered.
  • The Fee will not be held in a trust account until earned.
  • The client has the right to terminate the client-lawyer relationship.
  • The client will be entitled to a refund of all or a portion of the Fee if the agreed-upon Legal Consultation is not provided.
  • This Fee constitutes complete payment for the Legal Consultation and shall be paid in advance of the lawyer providing the Legal Consultation.
  • The Fee shall be considered to be the lawyer’s property upon payment of the Fee, subject to refund as described as follows: If the lawyer-client relationship is terminated before the Fee is fully earned by the completion of the Legal Consultation described herein, the lawyer shall refund to the client the unearned portion of the Fee.
  • The Legal Consultation must take place within 60 days of the “effective date” of this agreement.
  • This entire agreement is subject to a mandatory Binding Arbitration Provision.

3. ATTORNEY DUTIES. Attorney will use his best efforts within the Legal Consultation to respond to Client’s legal questions and to assist Client in determining the best course of action in their legal matter. This may include making referrals, reviewing documents, providing guidance, or otherwise assisting client, as the Attorney deems appropriate. Client understands that every legal matter is unique and therefore Attorney cannot promise or guarantee any particular result for the Client. Attorney cannot and will not make any promises about the results in Client’s legal matter.
4. CLIENT DUTIES. Client agrees to be truthful and cooperative with Attorney. Client shall provide attorney with Client’s current address, telephone numbers, and email address. Client shall make payment required by this agreement and represents that they are authorized to use the credit/debit/bank and or other financial information required below to pay the Fee.
5. EFFECTIVE DATE. The effective date of this agreement will be the date when the Client executes it and has made full payment to Attorney.
6. TERMINATION. Client has not retained Attorney beyond a maximum (5) hours of professional Legal Consultation time, whether in-person, via telephone, or via email. The Attorney shall be automatically terminated at the conclusion of the Legal Consultation, or 60 days after the effective date, whichever occurs first.
7. RECEIPT. Client acknowledges receipt of this agreement and has been advised to print this page and retain it for future reference.
8. CONSENT.  By electronically signing below, you are hereby consenting to validly agree via your electronic signature pursuant to the United States ESIGN Act and to consent to do business with our law firm electronically.
9. SEVERABILITY.  The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity. Therefore, this Agreement shall be interpreted and enforced as if it did not contain the said clause to the extent of its unenforceability and invalidity.
10. FILE RETENTION. After the representation concludes, we will return any original documents to you and keep only an electronic copy of your file. You may request the file at any time during, upon conclusion of, or after conclusion of, this matter. Seven years after the conclusion of this matter, the file may be destroyed without further notice to you.
11. IMPORTANT NOTICE: This agreement contains provisions requiring arbitration of all disputes between us. Before you sign this agreement, you should consult with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without the use of the court system. By entering into agreements that require arbitration as the way to resolve disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.  You have a right to confer with another lawyer with respect to any adverse consequences that might result from agreeing to mandatory arbitration before you sign this agreement.
12. BINDING ARBITRATION PROVISION.

• • Any dispute, of any kind, involving you and us, shall be resolved through individual arbitration. In arbitration, there is no judge or jury, there is no trial, and there is less discovery and there is no appellate review in any court. You hereby acknowledge that arbitration is your only recourse and that you waive your right to trial by jury and to judicial appeal by signing this agreement.
  • If a dispute of any kind arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct confidential discussions, the parties agree to endeavor first to settle the dispute by confidential mediation administered by the American Arbitration Association under its Consumer Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy, complaint, or claim arising out of or relating to this contract, or breach thereof, shall be settled by confidential arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The place of arbitration shall be Minneapolis, Minnesota. The arbitration shall be governed by the laws of the State of Minnesota. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Each party shall bear its own costs and expenses in an equal share of the arbitrators’ and administrative fees of arbitration.
  • This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim, complaint, or controversy in any way related to us or our relationship, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, breach of fiduciary duty, malpractice, statute, standard, rule, regulation, ordinance, complaint, allegation, or otherwise; (2) claims that arose before this or any prior Agreement; and, (3) claims that arise after the expiration or termination of this Agreement. As used in this Binding Arbitration Provision, “us” and “our” means The Barry Law Office, Ltd and any of its predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective co-counsel, law firms, officers, directors, members, partners, attorneys, employees and agents, and “you” means you and any beneficiaries of our legal services.
  • Initiation of Arbitration Proceeding/Selection of Arbitrator.The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (adr.org) or calling its toll-free number (1-800-778-7879). You may obtain the AAA Rules at that website or toll-free number. Any party may deliver any required or desired notices to the other party by mail to the last known address provided.
  • Arbitration Procedures.This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute.
  • Arbitral Fees and Costs. You may hire an attorney to represent you in arbitration. You are solely responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor.
  • This Binding Arbitration Provision shall survive the termination of your legal service with us.

By electronically signing this agreement with my name below (Example: “s/Jane Q. Public”) and then clicking the payment button, I am agreeing to all of the foregoing.