Online Attorney-Client Agreement
1. PARTIES AND FORMATION OF ATTORNEY-CLIENT AGREEMENT: This Attorney-Client agreement has been entered into between the client who acknowledges this agreement ("Client") and authorizes Michael E. Byczek, an Illinois attorney, ("Attorney") to represent him/her/them, and Attorney, who has agreed to provide Client the below described legal services.
This written agreement is provided to Client through the Attorney's online store (www.byczeklaw.com) as part of a virtual legal office. Client was informed prior to sending payment to read and acknowledge this agreement. Confirmation of acknowledgement shall be sent via email to both Attorney and Client after Client enters his/her name through a website form and clicks the submit button.
An attorney-client relationship does not exist until both payment is received and this attorney-client agreement is acknowledged. If Client sends payment without acknowledging this agreement, Attorney shall provide an opportunity for Client to do so both online and in paper-format.
CLIENT IS INFORMED NOT TO SEND PAYMENT UNLESS ABSOLUTELY CERTAIN THAT HE/SHE UNDERSTANDS THE LEGAL SERVICES BEING REQUESTED AND THAT THESE SERVICES ARE ONLY AVAILABLE TO ILLINOIS RESIDENTS.
Attorney shall provide Client with every reasonable opportunity to acknowledge the attorney-client agreement if payment is sent first.
2. SCOPE OF LEGAL REPRESENTATION: Attorney shall provide Client with one customized Living Will for one individual for medical purposes. This document is not a Will that distributes property upon death, nor does the document provide any financial arrangements. A Living Will is a very limited document, and Client acknowledges that he/she fully understands the difference between estate plan documents.
Client represents that he/she is a resident of Illinois and intends to write a Living Will for him/herself as part of an estate plan. Under this attorney-client agreement, Attorney shall provide Client with documents for one-time personal use. Representation ends when all documents are delivered to Client.
After payment is received, Client shall be given access to a secure file sharing and collaboration platform. It is through this collaborative platform that Attorney shall request the necessary details to complete the Living Will. The finalized document shall be uploaded to the collaborative platform for Client to securely download the files. All documents and files that are part of these legal services are transferred between Attorney and Client through a secure collaborative file sharing platform.
The Living Will shall include a mandatory notary section to prevent online fraud. The document is not legal or effective until the document is notarized. A notary is not required by law, but Michael E. Byczek includes the provision to prevent identity theft. Instead of only notarizing the last page of a multi-page document (if applicable), having each page individually notarized offers the best precaution against somebody switching pages.
3. LIMITATION OF ATTORNEY DUTIES: Attorney shall, through professional courtesy, answer reasonable questions from Client about the documents. Attorney shall not answer any question that extends beyond clarification or constitutes general legal advice about an estate plan. Client acknowledges that they are otherwise solely responsible for completing any blank provisions, having the document witnessed, and notarizing each page. Client further acknowledges that the document must be given to an attending physician to be incorporated into the patient's medical records. Attorney shall not provide any additional legal services once Client receives the uncompleted document. Client expressly acknowledges that they should update the Living Will regularly, and that Attorney shall not provide any updates without a new agreement and fee.
4. LEGAL FEES: Client shall pay Attorney an upfront flat-fee of $50 prior to delivery of the above described documents. All documents shall be delivered via a secure collaborative file sharing platform.
5. CLIENT REPRESENTATIONS: Client represents that they are writing their own personal estate plan and intend to use the documents obtained from Attorney for lawful purposes.
Prospective clients are instructed not to request legal services, sign this agreement, or send any payment if they are not writing the estate plan for themselves.
An attorney cannot be required to engage in conduct which is illegal, unethical, or fraudulent. An attorney who cannot ethically abide by a client's directions shall be allowed to withdraw from representation.
6. TERMINATION OF ATTORNEY-CLIENT RELATIONSHIP: Client may terminate this agreement at any time for any reason through written notice. Attorney reserves the right to withdraw from representing Client in certain limited circumstances, such as Client's refusal to provide requested information.
7. COMMUNICATION BETWEEN ATTORNEY AND CLIENT: Client consents for Attorney to contact them through text message, phone call, email, social media, or postal service. All notices that are required by this agreement shall be in writing, which includes email. Digital signatures satisfy any signature requirement. Client shall be truthful in all discussions with Attorney and provide all information or documentation required to enable Attorney to provide competent representation. Client shall provide Attorney with changes to contact details.
8. GENERAL PROVISIONS: This written contract represents the entire agreement between the parties. Client acknowledges having read and understood the entire document. The contract cannot be amended or modified except in writing and acknowledged by all parties. Any dispute shall be reviewed pursuant to the Illinois Supreme Court Rules (Article VIII - Illinois Rules of Professional Conduct of 2010).
CLIENT INFORMATION: Client is advised not to accept any agreement that Client finds to be unsatisfactory or does not understand.
ATTORNEY INFORMATION: Attorney shall provide competent representation, which requires legal knowledge, skill, thoroughness and preparation to handle those matters set forth in the written engagement agreement. Once employed, Attorney shall act with reasonable diligence and promptness, as well as use best efforts on behalf of Client, but cannot guarantee results. During the course of representation and afterwards, Attorney may not use or reveal a client's confidence or secrets, except as required or permitted by law.
Michael E. Byczek, Attorney at Law
(Sole Practitioner licensed in Illinois)
Online Store: www.byczeklaw.com
Po Box 5983
Chicago, IL 60680-5983
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