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Terms of Service for Assisted Lawsuit Defense

SCOPE OF SERVICES

Client hires The Fullman Firm, PC (“Firm”) to provide legal services by assisting Client to defend himself or herself against a lawsuit by a creditor, including, upon client’s request, drafting documents for Client’s use. Firm will not become “Counsel of Record” and will file no documents with the court. Firm will not communicate directly with the opposing party or its counsel, or with the court. Firm will provide those legal services reasonably required to assist Client under these circumstances. Client will take reasonable steps to keep Firm informed of progress and to respond to Firm’s inquiries.  This Agreement does not cover representation or assistance on appeal or in execution proceedings after judgment. Separate arrangements must be agreed to for those services. Services in any matter not described above will require a separate written agreement.

CLIENT’S DUTIES

Client agrees to be truthful with Firm, to cooperate, to keep Firm informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay Firm’s bills on time, and to keep Firm advised of Client’s address, telephone number and whereabouts. Client will assist Firm in providing necessary information and documents and Client will appear at all legal proceedings to represent himself or herself. Client understands that litigation involves numerous important deadlines. It is Client’s responsibility to keep a calendar of these deadlines. Firm may assist Client in calculating deadlines upon request, but Firm will not keep a calendar of these deadlines.  Client agrees to communicate with Firm using Firm’s MyCase case management system and to receive text message and SMS reminders (receive only).

FEES

Client agrees to pay a one-time setup fee of $90 and the first month’s legal fee of $109 for a total of $199* today. Monthly payments of $109* will continue thereafter until the end of the case, or until the client cancels, whichever comes first. Monthly fees are fully earned upon receipt. In return for these fees, Firm will provide the following services:

  • Prepare Client’s Answer to Complaint (This is in response to the Summons & Complaint served on Client);
  • Communication with Paralegal (up to 20 Minutes every month) via telephone or email/message;
  • Prepare Discovery (Standard Request for Production of Documents) for Client to mail to the debt collection Firm, requiring production of the debt collector’s file;
  • Prepare Client’s responses to Discovery demands which the debt collector might send to Client (This includes up to 12 questions each of Request for Production of Documents, Form Interrogatories, Special Interrogatories, and Request for Admissions);
  • Prepare Case Management Statement;
  • Prepare client for Case Management Conference;
  • One Settlement letter;
  • One “meet and confer” letter if there is a dispute about responses to Discovery demands;
  • Prepare Request for Identification of Witnesses and Evidence;
  • Prepare Client’s response to Request for Identification of Witness and Evidence;
  • Consultation with supervising Attorney available by appointment.

These services are designed to cover the typical work required to defend oneself in a debt collection lawsuit in most cases up to three weeks before trial. If additional work is needed or advised, Firm will first explain what is needed or advised and receive Client’s permission in advance before performing any additional work.

Legal Fees and billing practices for additional work when approved by Client:
Senior Partner $400/hour
Partner $350/hour
Senior Associate Attorney $300/hour
Associate Attorney $250/hour
Certified Paralegal $125/hour
Non-attorney Staff $90/hour

Time is charged in minimum units of one-tenth (0.1) of an hour. Phone calls are a minimum billable event of two-tenths (0.2) of an hour. Pleadings are a minimum of three-tenths (0.3) of an hour. Late payments will result in a $20 late fee added to the next billing cycle. Firm may require advance security deposit of one month fee in order to reinstate account after a missed payment.

ENFORCEMENT

If either party brings legal action to enforce its rights under this agreement, including binding or non-binding arbitration, the prevailing party will be entitled to recover its expenses (including reasonable attorneys’ fees) incurred in connection with the action and any appeal.

Client agrees to retain The Fullman Firm as described above.