The Law Offices of Omar Gastelum and Associates, AProfessional Law Corporation (OGA) California Legal Services LimitedScope Representation Agreement
This Limited Scope Representation Agreement (“Agreement”) is betweenThe Law Offices of Omar Gastelum and Associates (“OGA”), a CaliforniaProfessional Law Corporation, and you (the “Customer” “Client,” “you,”or “your”) (together, the “Parties”) for the limited Advisory Servicesdescribed below offered though The Law Offices of Omar Gastelum andAssociates, CompleteCase, LLC, Divorce.com, LLC, OnlineDivorce.com,LLC, Online Divorce Service, LLC, and their parents, subsidiaries and/oraffiliated entities (our “Divorce Partners”) are not parties to thisAgreement. You agree our Divorce Partners are not liable for serviceperformed pursuant to this Agreement. A limited scope representationmeans that the amount of work the attorney performs for you is limitedto certain tasks as defined in Limited Scope Advisory Services below.Limited scope representation is a means to provide access to legalservices while making legal help affordable. The remainder of tasksrequired outside the scope of this Agreement, if any, will be your soleresponsibility. You may choose to hire your attorney or another attorneyto perform the additional tasks for additional fees.
This Agreement is effective as of the date accepted by You.
Incorporation of Additional Terms.
Your use of the Law Offices of Omar Gastelum and Associates Servicesare subject to The Law Offices of Omar Gastelum and Associates Terms ofUse and PrivacyPolicy.
Firm Services and Use of Third Parties.
OGA uses certain service providers to complete the services underthis Agreement. Any funds required for those covered services areincluded in your original payment and require no additional payment byyou.
Firm. OGA has the right to subcontract servicesunder this Agreement to lawyers located in the United States. Servicesperformed by attorneys in the United States are governed by the ethicalrules in the state of the licensed attorney. The law firm (“Firm”)performing services on your order depends on the state being serviced.These are the firms servicing orders in the following states:
Alabama
The Anderson Law Firm LLC
Arizona
The Law Offices of Scott Griffiths
Arkansas
LegalLuxe Law Group
California
Law Offices of Omar Gastelum & Associates, A ProfessionalLaw Corporation
Woodman Garcia Sepulveda
Colorado
Richard P. Poormon, Attorney at Law
Florida
Diane Fowler, Esquire
Patricia Sciarrino, JD, MCLC
Georgia
Osbelt & Associates, PC.
Idaho
Poormon Road Law
Illinois
Djuana O’Connor Oshin, Attorney at Law
Kansas
Family Legal Services
Louisiana
The Anderson Law Firm LLC
Maryland
Law Offices of Thomas G. Harrison, A Professional Corporation
Massachusetts
The Worden Law Firm
Michigan
Kelley Collett, Attorney at Law, PLLC
Mississippi
The Anderson Law Firm LLC
Missouri
Family Legal Services
Montana
Poormon Road Law
Nevada
Right Lawyers Divorce and Custody Attorneys
New Jersey
Shane and White, LLC
New York
Brian D. Perskin & Associates P.C.
North Carolina
LegalLuxe Law Group
Oklahoma
Poormon Road Law
Oregon
Romano Law P.C.
Pennsylvania
Klein, Vogin & Gold
Tennessee
LegalLuxe Law Group
Texas
The Worden Law Firm
Utah
Poormon Road Law
Virginia
BrigliaHundley, P.C
Washington DC
The Law Offices of Jeffrey N. Markowicz
Wyoming
Wright Law, LLC
Third party services. OGA utilizesmarketing, and technology services via the Divorce.com website and mayprovide these services as part of a package of other offerings from TheLaw Offices of Omar Gastelum & Associates. Divorce.com is not aregulated provider of legal services.
Included Limited Legal Services.
Client and OGA agree that OGA is not engaged to represent Clientgenerally in any matter, but rather, that OGA will limit the scope ofrepresentation to only provide certain specific legal services inconnection with the matter for a particular purpose (“LimitedServices”).
OGA must act in your best interest and give you competent help.Because Client and OGA have agreed that OGA will provide limitedhelp:
OGA does not have to give more help than agreed in this contract,
Any services provided will be at OGA’s sole and absolute discretion,and
OGA does not have to help Client with any other part of thematter.
While performing the Limited Services, OGA:
Does not promise any particular outcome.
Relies entirely on Client’s disclosure of facts and will not make anyindependent investigation unless expressly agreed to in writing in thisdocument.
May advise you that limited representation is not reasonable, andadvise you that you need more services or another lawyer.
OGA and Client agree that the legal services provided by OGA areidentified below and are limited to the specific Limited Scope AdvisoryServices identified and do not include any other services.
Limited Scope Advisory Services
The Limited Scope Advisory Services provide the followingbenefits.
Telephone consultations with Firm, during normal business hours,of up to 45 minutes each and up to one hour of time researching thetopic of the consultation, limited to one consultation per customer foreach new legal matter. Letters are not included. Telephone consultationsmay not include discussion of any of the following:
Tax-related matters;
Customer(s) may not consult about matters related to any customer’sbusiness.
Review by the Firm of legal documents of up to ten (10) pages,limited to review of one (1) document per customer for each new legalmatter. The Firm will conduct complimentary reviews solely for thosefinal document packets that are directly provided by Divorce.com,ensuring that this no-cost service is exclusive to documents originatingfrom our Divorce Partners’s specific packets. The Firm shall provide one(1) telephone consultation, during normal business hours and advisecustomer on any areas of concern and the legal implications of thoseprovisions and their conformity to United States state and federallaw.
Once during each membership year, the customer shall be entitledto a personal legal review (the “Legal Review”). The Legal Review isintended to provide the customer with an (a) assessment of his or herlegal issues and recommendations based on significant issues or gaps.The Firm shall provide a written summary of the consultation and anyrecommendations to the customer. legal documents or strategies. TheLegal Check-Up shall become available to a customer only after twelve(12) months of membership in the plan;
If a customer engages the Firm for services that are not includedin the Plan Benefits described in subsections (1) – (3) above, the Firmshall provide such legal services at a twenty-five (25%) discount fromsuch Firm’s standard rates for representation;
Nothing in the Plans or this Agreement shall be construed tolimit the right of a customer to retain, at his or her own expense, anunaffiliated attorney. The Law Offices of Omar Gastelum & Associatesshall not be obligated to pay for any such services.
Excluded Legal Services
This Agreement specifically excludes the following services,
OGA will not represent, speak for, appear for or sign papers onClient’s behalf in any litigation related matter unless contractedseparately to do so.
OGA will not represent Client in disputes with employees, contractorsor third-parties of any kind, including governmental bodies.
OGA will not provide litigation services of any kind, whether incourt, arbitration, administrative hearings, or government agencyhearings unless contracted separately to do so.
Any action that directly or indirectly involves The Law Offices ofOmar Gastelum & Associates or any of its affiliates, directors,agents, or employees;
Any adversarial action by a customer that directly or indirectlyinvolves any other customer;
Any matter involving the laws of jurisdictions outside of the UnitedStates or its subdivisions;
Any appeal to an appellate court (i.e., not a trial court); provided,however, that the Firm may, in its sole discretion and at its sole risk,disregard this exclusion;
Any matter that, in the Firm’s opinion, is frivolous in nature orobjective; or
Any case matter or requested service that is determined by the Firmto lack sufficient merit to warrant pursuit, or that the Firm decideshas been raised an inordinate or unreasonable number of times without achange in circumstances.
If the interests of the customer are adverse to those of anothercustomer in that same Plan, only the customer is entitled to receive theapplicable services.
OGA will not provide any other service not included as a LimitedService under this Agreement.
Electronic Communication.
You agree to receive communication by email. OGA is not obligated tosend correspondence by U.S. or international postal mail.
OGA is not liable for damages caused by your failure to update and/orcheck your email address of record.
Sharing Documents.
You agree that, to the extent allowable, our Divorce Partners mayshare your order information with The Law Offices of Omar Gastelum &Associates.
OGA will never share attorney-client privileged information with ourDivorce Partners.
Firm-Client Privilege.
You agree that, to the extent allowable, our Divorce Partners mayshare your order information with The Law Offices of Omar Gastelum &Associates.
Professional, Independent Attorney Judgment.
Attorneys performing legal services for customers under the terms ofthis Agreement are not agents or employees of our Divorce Partners. Anyattorney rendering legal services to customers under a Legal Plan shallmaintain the attorney-client relationship with the customer, and issolely responsible to the customer for all legal services provided. Itis within the sole discretion of the attorney to determine whetherclaims or defenses pertaining to any matter under this Agreement presenta frivolous or otherwise unmeritorious claim or defense. Participatingattorneys reserve the right to make independent professional judgmentsregarding such presentations. our Divorce Partners will in no wayinfluence or attempt to affect the rendering of professional services ofthe participating attorneys.
The Law Offices of Omar Gastelum &Associates.
The Law Offices of Omar Gastelum & Associates, is a CaliforniaProfessional Law Corporation licensed by the California State Bar.
Resolution of Disputes
OGA is committed to customer satisfaction. If you have a complaintabout our services, please contact us by emailing info@gastelumlaw.comIf we cannot resolve your issue immediately, we will send you a copy ofour complaints procedure.
This resolution detailed in this policy is independent of theregulatory scheme that governs attorney conduct in the United States,and thus that may govern an individual attorney’s conduct. The conductof individual attorneys in the US is governed by the state bar of thejurisdiction where the attorney is licensed. State bar regulatoryauthorities do not engage in the settlement of fee disputes.
Fees & Billing
You agree that OGA may utilize the services of our Divorce Partnersto collect payment for these services and remit such payment to OGA.
If you have purchased this service as part of a package from ourDivorce Partners you will be billed in accordance with your agreementbetween you and our Divorce Partners
Any fees are earned-on-receipt and will not be billed against on anhourly basis. It will not be deposited into OGA’s client trust account,but will be deposited into OGA’s general operating account. Even thoughthe fees are earned-on-receipt, you may nevertheless discharge us at anytime and in that event may be entitled to a refund of all or part of thefees paid based upon the value of the representation.
Termination
By Client
If you have purchased this service as part of a package from ourDivorce Partners, cancellation of that package is subject to theagreement between you and our Divorce Partners
You may terminate your order and discharge OGA at any time by writtennotice to our Divorce Partners, effective when received. Unlessspecifically agreed by OGA and you, OGA will provide no further servicesand advance no further costs on your behalf after receipt of thenotice.
By OGA
OGA may terminate your services for any reason and at any time aspermitted under the ethical rules of conduct in the state of license ofyour attorney. As your sole remedy, we will refund you any fees, minusthe amount of any fees for work already performed.
Conflict of Interest. OGA is required to inform you in writing if ithas represented a client with an interest in your matter. If, at anypoint, a conflict of interest is found between you and another clientrepresented by OGA, OGA may obtain written consent of both parties toproceed. If a conflict of interest is found which requires OGA todecline representation, or if both parties do not consent, OGA will notfind alternative counsel and you will be issued a refund.
Right to Refuse
OGA reserves the right to refuse service to anyone.
Entire Agreement
This Agreement contains the entire agreement of the Parties. No otheragreement, statement, or promise made on or before the effective date ofthis Agreement will be binding on the Parties.
Governing Law
Any dispute arising from this Agreement or your use of OGA’s serviceswill be governed by and construed and enforced in accordance with thelaws of California, except to the extent preempted by U.S. federal law,without regard to conflict of law rules or principles (whether ofCalifornia or any other jurisdiction) that would cause the applicationof the laws of any other jurisdiction. Any dispute between the partiesthat is not subject to arbitration or cannot be heard in small claimscourt will be resolved in the state or federal courts of California andthe United States, respectively, sitting in Los Angeles County,California.
Miscellaneous
OGA is not responsible for the proper operation of the website(s).You assume all risks for technical difficulties in placing your order(s)or submitting information over the Internet. By accepting the terms ofthis Agreement you are warranting that you are duly authorized to enterinto such an agreement.