Terms of Service

IMPORTANT INFORMATION

Thank you for contacting The Gaines Law Firm. Please read carefully and fill in the requested information completely. Improperly completed information may result in your case being rejected or delayed. This contract is not valid unless the attached fee agreement is SIGNED. The attorney reserves the right to refuse to take any case and will notify you if we are unable to take your case.

I must review your information before I can agree to represent you. No attorney-client relationship exists until I accept your case and receive payment. If there are any problems, you will be contacted immediately.

CONTRACTUAL AGREEMENT FOR LEGAL SERVICES

This contract entered into by The Gaines Law Firm, hereinafter referred to as Attorney, and Online Client (You), hereinafter referred to as Client.

The Client, having been arrested and/or charged with a traffic offense(s) and being in need of legal advice and counsel, hereby employs The Gaines Law Firm, under the following conditions:

Limited Scope Representation

1. Attorney will represent Client by advising and counseling, investigating the law and facts, by filing a letter of representation with the court, by negotiating with the prosecuting attorney or by negotiating a plea of guilty or nolo contendere if so directed by the Client. Attorney will handle all court dates on behalf of Client, but this representation does not include trial work. This arrangement is a “limited scope representation”. This limited scope representation includes all necessary representation of Client for their legal matter, including but not limited to: lifting warrants, handling court appearances, negotiating with the city prosecutor or the county attorney, and reaching a plea agreement on client's behalf. A trial, including trial work and trial appearances, is expressly excluded from the terms of this contract. If Client rejects all plea offers and wishes to go to trial, Client and Attorney may enter into a separate agreement that covers the scope of trial work and attorney's fees for the trial. Attorney may also elect to withdraw from Client's case if Client wishes to go to trial, so that Client may seek other assistance for their trial matter.

2. Client hereby authorizes Attorney to act as his agent in all matters affecting this case, including, but not limited to, the following: (1) to file a letter of representation with the court, (2) to negotiate a proper disposition of this case, (3) to waive Client’s appearance at any proceedings in reference to this case, and when, in Attorney’s sole discretion, Attorney deems such actions proper and in Client’s best interests.

3. That in consideration for Attorney’s representation of Client, Client agrees to pay to attorney a minimum non-refundable retainer legal fee of $85 per single-violation and active traffic ticket, in addition to $50 if there is a warrant issued for Client’s arrest, or a missed court date, in addition to $50 if Client has a CDL. Additional violations on the same ticket may also include an additional $30 per violation. Price contracted for may also be different when agreed on between Attorney and Client. There will be no additional fees paid to attorney over this flat rate, unless agreed to by Client and Attorney.

4. Plea Already Entered: If Client previously entered a plea of "Guilty" or "No Contest" before representation begins, Client understands that unless previously notified of this plea by Client, Attorney will proceed on the case. Client understand that Attorney cannot know that a plea has been entered before representation and work has already been done on the case. If a plea of "Guilty" or "No Contest" has already been entered, Attorney will work to get an appropriate outcome. Client understands that by entering a plea of "Guilty" or "No Contest" before hiring Attorney, options such as dismissal, deferral, fee reductions, or warrants being lifted may not be possible.

Flat Fee is Earned Upon Receipt

4. Responsibility to provide legal services will be accepted and work will begin when Attorney receives the fee as a non-refundable fee for taking the case. Client understands that this is a fee for taking the case and that time and effort is expended to process this application. If Client terminates this contract, or if Attorney withdraws under this contract, this fee is NON-REFUNDABLE. Because legal preparation has already begun (researching your case, client correspondence, consultation, etc) before the time of payment, the agreed upon fee is earned upon receipt. Client agrees to be responsible for any fees owed to the court, and Attorney’s fee will not go to pay any court fees, ticket fees, or any other fees owed to other parties.

5. It is further understood and agreed to by the parties hereto that the legal fees agreed upon herein are for representation of Client for traffic ticket violations and do not include Attorney’s legal services in any other matter. In the event that representation is required in any other court or regarding any other matter, a new and separate mutually acceptable agreement must be made herein. This agreement does not include legal services or expenses incurred for a retrial of this cause if same becomes necessary. This agreement does not include any post-trial matters such as Motion for New Trial, Notice of Appeal or the Appeal itself, if such should become necessary.

6. It is further understood and agreed that should the case be dismissed or settled in any other manner than by contested trial, no part of the legal fees are to be refunded to the Client. If the Attorney’s services are terminated by Client at any stage of the proceedings, no part of the legal fee shall be refunded by Attorney to Client. If the legal fees are not paid as agreed upon by Client, Attorney may withdraw as Counsel of Record in this cause without reimbursement of any legal fees paid and may cease any further representation immediately. It is understood that all balances due are to be paid in full before any representation begins. It is understood that the attorney may withdraw for any reason.

7. It is further understood and agreed that Attorney has made no promises, assurances or guarantees to Client as to the outcome of this case.

8. Client will advise Attorney in writing of any change of address and/or employment within ten (10) days of the making of such change.

9. Client hereby acknowledges that Client has carefully read this entire agreement, and Client fully understands and agrees to abide by all of the terms, conditions and obligations of this Agreement.

10. This Agreement constitutes the full and complete understandings and agreements, if any, and cannot be changed or terminated orally. All changes or modifications must be in writing and signed by the parties hereto.

11. By signing below, Client acknowledges that Client has completely read this entire agreement, that Client fully understand this document, and that Client consents to appear in court if such appearance is necessary. Client specifically authorize Attorney to enter a plea on Client’s behalf. Client agrees to release Attorney from any responsibility if Client fails to inform Attorney of any address change and/or phone number change within seven (7) days. I knowingly consent to release Attorney from this agreement immediately if Client fails to comply with any of the terms of any deferred adjudication and/or probation negotiated on Client’s behalf.