Terms and Conditions – Point Loma Estate Planning, APC

1. Introduction

Welcome to Point Loma Estate Planning, APC (“the Firm”). By engaging the services of the Firm, you (“Client”) agree to be bound by these Terms and Conditions. These Terms and Conditions, together with any engagement letter or other written agreement between the Firm and the Client, constitute the entire agreement between the parties regarding the services provided.

2. Services Provided

Point Loma Estate Planning, APC, through Attorney Ted Cook, provides legal services in the following areas:

  • Estate Planning: Including but not limited to wills, trusts, powers of attorney, healthcare directives, and related documents.
  • Trust Litigation: Including but not limited to trust disputes, will contests, and related litigation.
  • Trust Administration: Our firm can provide comprehensive trust administration services, including reviewing the trust document and ensuring compliance with legal requirements, managing trust assets, and distributing trust property to beneficiaries
  • Guardianship: ​A guardianship is typically established in court to take care of the needs of a child.
  • Conservatorship: A conservatorship is similar but for an adult, usually someone who is no longer able to make decisions for themselves.
  • Elder Protection: Including but not limited to conservatorships, guardianships, elder abuse prevention, and related matters.
  • Tax Planning: Our firm can assist with a variety of tax planning matters, including income tax planning, estate and gift tax planning, and business tax planning.

The specific services to be provided to the Client will be outlined in an engagement letter or other written agreement.

3. Attorney-Client Relationship

An attorney-client relationship is established only upon the execution of a written engagement letter or other written agreement between the Firm and the Client. The initial consultation does not create an attorney-client relationship.

4. Fees and Payment

  • Fees for legal services will be based on either an hourly rate or a flat fee, as specified in the engagement letter.
  • The Client agrees to pay all fees and costs incurred in connection with the Firm’s representation, including but not limited to court filing fees, expert witness fees, and other expenses.
  • Invoices will be provided to the Client periodically, and payment is due within [Number] days of the invoice date.
  • The Firm reserves the right to suspend or terminate services for non-payment of fees.
  • Retainer Fees: Retainer fees, if required, shall be deposited into a client trust account in accordance with the California Rules of Professional Conduct. Any unused portion of the retainer shall be refunded to the Client upon conclusion of services.

5. Client Responsibilities

The Client agrees to:

  • Provide accurate and complete information to the Firm.
  • Cooperate with the Firm and respond promptly to requests for information or documents.
  • Keep the Firm informed of any changes in circumstances that may affect the representation.
  • Review and approve all documents prepared by the Firm before execution.
  • Comply with all applicable laws and regulations.

6. Confidentiality

The Firm will maintain the confidentiality of all client information in accordance with the California Rules of Professional Conduct and applicable law.

7. Conflicts of Interest

The Firm will conduct a conflicts check before accepting any new client. If a conflict of interest arises during the representation, the Firm will take appropriate action, which may include withdrawal from the representation.

8. No Guarantee of Outcome

The Firm does not and cannot guarantee any specific outcome in any legal matter. While the Firm will strive to represent the Client’s interests diligently, the Client acknowledges that legal proceedings are inherently uncertain.

9. Communication and Use of Technology

The Client agrees that the Firm may communicate with the Client via email, phone, or other electronic means. The Firm will take reasonable precautions to protect client confidentiality but cannot guarantee that communications via electronic means are entirely secure.

10. Document Retention Policy

The Firm will retain Client files for a period of [X] years following the conclusion of representation. After this period, the Firm may securely destroy such files unless the Client requests their return.

11. Limitation of Liability

The Firm’s liability for any claim arising out of or related to the services provided shall be limited to the amount of fees paid by the Client to the Firm. The Firm shall not be liable for any indirect, incidental, consequential, or punitive damages.

12. Termination of Representation

Either party may terminate the attorney-client relationship at any time, subject to the California Rules of Professional Conduct. Upon termination, the Client will be responsible for payment of all fees and costs incurred up to the date of termination.

13. Alternative Dispute Resolution (Optional)

Any dispute arising under these Terms and Conditions shall first be submitted to mediation before resorting to litigation. If mediation is unsuccessful, the dispute shall be resolved in the courts of San Diego County, California.

14. Force Majeure

The Firm shall not be liable for any failure or delay in performing legal services due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, pandemics, or technological failures.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising out of these Terms and Conditions shall be resolved in the courts of San Diego County, California.

16. Amendments

The Firm reserves the right to amend these Terms and Conditions at any time. Any amendments will be posted on the Firm’s website or provided to the Client in writing.

17. Disclaimer

The information provided by the Firm is for informational purposes only and does not constitute legal advice. The Client should consult with an attorney to obtain legal advice regarding their specific situation.

18. Contact Information

Point Loma Estate Planning, APC
Attorney: Ted Cook
2305 Historic Decatur Road, Suite 100
San Diego, CA 92106​
(619) 550-7437

19. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms and Conditions, together with any engagement letter or other written agreement, constitute the entire agreement between the parties and supersede all prior negotiations, understandings, and agreements.

Acknowledgment

By engaging the services of Point Loma Estate Planning, APC, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.