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I. Scope of Engagement
The scope of legal services we will provide is described in the accompanying letter to which these terms are attached. Since we can only be aware of those matters you specifically bring to our attention, we are only responsible for those specific matters upon which you engage us.
We will at all times act on your behalf to the best of our ability. Depending upon the scope and requirements of the engagement we may perform certain services in a jurisdiction other than where our attorneys are admitted, and you agree to the performance of these services.
II. Fees for service
Generally, and unless otherwise agreed, we bill hourly for our services. We do offer flat fees for certain legal services. Our fees for services are set by the parties in negotiation based upon the time and labor required, the difficulty of the transaction, the skill requisite to perform the service, the fact that Counsel must forego other work to perform these services, the customary charges for similar services, the time limitations imposed, and the experience, reputation and ability of Counsel whom the Client has specifically sought out.
We will keep contemporaneous records of the time we devote to your work, including conferences (both in person, over the telephone, and intra-office), negotiations, factual and legal research and analysis, document preparation and revision, travel on your behalf, and other related matters. We record our time in quarter hour increments.
The current hourly rates of our lawyers and support personnel for the services rendered are as follows:
Senior Partners: $325.00 to $375.00
Partners: $300.00
Associates: $220 to $240.00
Paralegals: $95.00
Law Clerks: $60.00
Support Staff: $50.00
These rates are adjusted periodically without notice, typically on an annual basis, to reflect current levels of experience, changes in overhead costs, and other factors. If requested, we will endeavor to furnish an estimate of fees and costs likely to be incurred in connection with a particular matterbased upon our professional judgment, but always with a clear understanding that it is not, unless otherwise agreed, a maximum or fixed-fee quotation.
III. Identification of The Client
It is our policy that the person or entity that we represent is the person or entity that is identified in our Engagement Letter as the Client and does not include any affiliates of such person or entity, unless specifically referred to (i.e., if you are a corporation, limited liability company or partnership, affiliates include any parents, subsidiaries, employees, officers, directors, shareholders or partners of the corporation or partnership, or commonly owned corporation or partnership; or, if you are a trade association, affiliates includes any members of the trade association).
IV. Legal Services Team
Customarily, each of our clients is served by a lead attorney (the “Lead Attorney”). The Lead Attorney should be someone in whom you have confidence and with whom you enjoy working; you should assume the attorney sending the Engagement Letter is the designated Lead Attorney. You are free to request a change of Lead Attorney at any time.
Subject to the supervisory role of the Lead Attorney, the work or parts of it may be performed by other lawyers and support personnel in the firm and/or outside or Of Counsel engaged to assist us in delivering the core services. Such delegation may be for the purpose of involving lawyers or support personnel with special experience in a given area or for the purpose of providing services on the most efficient and timely basis. Whenever practicable, we will advise you of the names of those attorneys and support personnel who work on your matters. If you are concerned about our performance or the performance of any of our lawyers or support personnel, you may contact us at [email protected].
V. Billing and Payments Policies
a.) Our fees for services are set by the parties in negotiation based upon the time and labor required, the difficulty of the transaction, the skill requisite to perform the service, the fact that Counsel must forego other work to perform these services, the customary charges for similar services, the time limitations imposed, and the experience, reputation and ability of Counsel whom the Client has specifically sought out.
b.) Unless other payment terms have been agreed upon in writing, Client will receive a periodic statement detailing the work that was performed and Client is expected to promptly and consistently pay the bill in full. Any retainer or advance paid by you will first be applied against any bills for services. Fees for services are due when invoiced and will be considered late on the tenth (10th) day following the date of invoice.
c.) All fees for services that have not previously been billed to Client will be due upon the conclusion of your matter. All out of pocket costs we incurred in representing you will be billed to you each month or at the conclusion of the matter, with payment due upon receipt.
d.) Late Fees: Unpaid balances will incur a monthly late fee in an amount equal to the greater of (a) $100 or (b) 7.5% of the then-outstanding balance.
e.) We accept payments electronically. It is our preference that Clients utilize our Client Portal (via Smokeball, LawPay or other software) for payment processing and submit all payments electronically. Should a Client elect to submit payment by other method outside of the Client Portal, Client assumes the responsibility of advising Counsel in writing prior to such payment (and obtaining written consent to such payment), notifying the Lead Attorney by email on the date and time of any such payment and properly documenting such payment once it is in fact made. We will prepare receipts for any and all payments made outside of the Client Portal but again, our Firm strongly encourages invoice settlement and retainer payment via Client Portal.
f.) The Client agrees to give and hereby does grant Counsel a lien on the claims or causes of action and on a sum recovered by way of settlement and on any judgment that may be recovered thereon to the extent of the sums herein provided as Counsel’s fees and other fees, charges and expenses incurred. It is further agreed that Counsel shall have all general, possessory or retaining liens, and all special or charging liens known to the common law or available under law. The person signing the Engagement Letter grants an irrevocable guaranty, in his or her individual capacity, of the debts and obligations of the Client under the Engagement.
g.) The Client agrees that O’Brien Law may deduct from the proceeds of any financing, investment, transaction closing, settlement or recovery the applicable fee as agreed upon above, along with all other fees, charges, and expenses as described above herein for which the Client is responsible and which remain unpaid at the time the proceeds in the Matter are received.
h.) Any fee dispute by Client should be brought to the Firm’s attention for resolution and/or mediation. Client agrees to provide not less than 30 days’ notice before filing any form of complaint with any office, court or body regarding this Engagement and to also engage in good faith in informal resolution efforts.
i.) We may disburse funds on your behalf for filing fees, costs of court deposition expenses, overnight deliveries, necessary travel and other miscellaneous items as required, to complete the scope of our services. We will bill you at actual costs for these types of expenses. Prompt payment is expected here to limit financial burden on our offices. When disbursements are significant, we often request that you pay the vendor direct or we will arrange for the ancillary services to be provided by third-parties with direct billing to you. Fees and expenses of others, such as governmental verification, lien searches, consultants, investigations, appraisers and local counsel, are required to be paid directly by you unless agreed otherwise.
j.) You acknowledge that we are a small law firm with limited expendable resources. We reserve the right to pursue collection of any unpaid balance of your account. You agree to pay all costs of collecting the debt, including court costs, filing fees and a reasonable attorney’s fee.
VI. Retainers and Client Funds
We may have asked you to provide a true retainer or an advance-against-fees in order to retain our services and either your engagement letter, Proposal or Scope of Work, as applicable, states the amount of the advance.
By providing a retainer, you grant us a security interest in the amount of the retainer deposit. Unless otherwise agreed, the retainer deposit will be held as security for payment of our bills. You are expected to pay our bills upon receipt as provided above. If our bills are not paid timely, we may apply the retainer to those unpaid bills.
If the engagement letter so provided, you agree to replenish the retainer if we have applied any portion of the retainer deposit to an unpaid bill. If your retainer deposit is exhausted at any time during the representation, we may request an additional retainer deposit prior to performing any further services. If we do not request an additional retainer deposit, you will be billed monthly for the services rendered and costs incurred. At the conclusion of our legal representation or at such time as the deposit is unnecessary or is appropriately reduced, the remaining balance or any appropriate part of the retainer deposit will be returned to you. If the retainer deposit proves insufficient to cover current expected fees, expenses and charges, it may have to be increased. Any understanding regarding a retainer deposit, which is inconsistent with the foregoing, must be expressly confirmed in the engagement letter or subsequent written communication from us.
VII. Conflicts; Potential Conflicts
We represent many other companies and individuals. It is possible that during the time that we are representing you, some of our present or future clients may become involved in transactions or disputes with you. You agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you even if the interests of such clients in those other matters are directly adverse. We agree, however, that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a nonpublic nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage. You should know that, in similar circumstances with many of our other clients, we have asked for similar agreements to preserve our ability to represent you. You agree that our representation of you in this matter does not give rise to an attorney-client relationship between us and any of your affiliates, unless specifically set forth herein.
VIII. Suspension of Services
We reserve the right to postpone or defer providing additional services or to discontinue our representation, if billed amounts are not paid when due. This right is effective automatically and without additional notice to you.
If your account becomes delinquent, you agree to bring the account or the ‘advance-against-fee’ deposit current. If the delinquency continues and you do not arrange satisfactory payment terms, we may terminate the representation and immediately withdraw from representing you in the matters that we are handling. You agree to our termination of representation and withdrawal, and you hereby release us from any and all liability in the event that the fees (including retainer fees or others reasonably demanded by counsel at any time during the representation) are not paid. In litigation matters, our ability to terminate or withdraw from the case may be subject to court approval but as it pertains to our duties or liability to you, you agree that none shall continue.
IX. DISCLAIMERS
When we render services to you, you acknowledge that we have relied upon you to supply us with the facts upon which we render them. You also acknowledge we have relied upon you to review all legal documents that we prepare for factual accuracy and completeness.
You agree you are not relying on our Firm for accounting, business, or investment decisions – even where such matters are discussed. Counsel is not holding itself as a provider of such services. You also agree we are not responsible for investigating the character or creditworthiness of any person with whom you might deal.
Generally, the information you give to our Firm is subject to the attorney-client privilege, However, lawyers are under an independent ethical duty to reveal privileged information, such as illegal or fraudulent acts committed by clients in the course of the attorney-client relationship, the intention of the client to commit a crime or when the lawyer is required to divulge the information by law or court order. You will be treated with respect and courtesy from all members of the firm and you should promptly inform us of any failure to meet this expectation.
X. Client Cooperation
You agree to cooperate fully with us and to promptly provide all material information known or available to you relevant to our representation.
XI. Withdrawal
It is mutually agreed that this Engagement may, at any time, be terminated by either party. If either party terminates the Engagement, (a) Counsel shall be entitled to compensation for the work performed on the matter through the date of termination and such other period of time for which the parties contemplated Counsel would receive payment and (b) Client shall be entitled to a refund of any fee paid for which services were not attempted and performance not commenced as provided for in the Ohio Rules of Professional Conduct.
We can also withdraw from this representation at any time, except to the extent limited by applicable law or rules of professional conduct. The most common reasons for withdrawal include: (1) you fail to honor the terms of our engagement letter, including these Terms of Services or fail to pay our invoices in a timely manner; (2) you make it unreasonably difficult to represent you effectively or you insist on conduct contrary to our advice on a matter; or (3) facts or circumstances arise that, in our view, render our continuing representation unlawful or unethical.
XII. Ending Your Relationship With Us
You may terminate our representation at any time, with or without cause, by notifying us. If we terminate the engagement, we will take such steps as are reasonably practicable to protect your interests with respect to the scope of our representation. If permission for withdrawal is required by court, we will promptly apply for such permission, and you agree to cooperate with us in obtaining permission, and you agree to engage successor counsel to represent you.
Unless previously terminated, our representation of you with respect to the agreed upon scope of representation will terminate upon sending you our final statement for services rendered or email notice of the same. Following such termination, any otherwise nonpublic information you have supplied to us, which is retained by us, will be kept confidential in accordance with applicable rules of professional conduct. Your papers and property will be returned to you upon your request and following payment for outstanding fees, expenses and charges, unless a court orders otherwise. We will retain our own files, including attorney work product, pertaining to the representation. Attorney work product is the property of the Firm and includes photocopies of client materials, drafts, notes, internal memorandum, administrative materials, attorney-client correspondence and electronic versions of both client material and attorney work product.
XIII. Client Files; Retention Policy
After completion of the agreed upon scope of legal services or termination of the engagement or if you fail to complete the engagement (per terms of letter), you have an affirmative duty to retrieve those of your papers and property in our possession or to direct us to forward your papers and/or property, at your expense. IF YOU FAIL TO RETRIEVE YOUR PAPERS OR PROPERTY OR TO REQUEST US TO FORWARD THEM, THIS FAILURE SHALL BE REGARDED AS YOUR AUTHORIZATION FOR US TO DESTROY THESE PAPERS AND/OR PROPERTY WITHOUT FURTHER NOTICE TO YOU.
XIV. NO GUARANTEES
You understand that we cannot guarantee any expected outcome or conclusion of your legal matter due to numerous and complicated factors which are beyond our control. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such expressions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed.
Unless otherwise specifically agreed in writing, our fees are not contingent upon the outcome or completion of a matter. Unless otherwise expressly agreed in writing, our estimates and budgets are not intended to be binding, are subject to unforeseen circumstances, and do not limit or “cap” our fees and other charges or costs. During our representation, we may express our opinions, views or beliefs concerning various matters. Any such statements are intended to be an expression of opinions, views and beliefs only, and should not be construed by you as a guarantee of any type.
" Their team provided exceptional legal guidance, ensuring my rights were protected. The compassionate approach and attention to detail made a challenging process more manageable. Grateful for their expertise and support."
Ms. Devaki.S
Quick Key Rentals LLC
Navigating child custody battles was emotionally draining, but O'Brien Law stood by me every step of the way. Their team of compassionate advocates fought for my children's best interests, and I couldn't be happier with the outcome.
DB Pajak
Local Guides
Their team provided exceptional legal guidance, ensuring my rights were protected. The compassionate approach and attention to detail made a challenging process more manageable. Grateful for their expertise and support.
Ms. Devaki.S
Quick Key Rentals LLC
"Best lawyer in town if you own a business"
DB Pajak
Local Guides
FAQS
How long does it take to register a new business?
The time it takes to register a business varies based on the type of business entity, submission method, and whether expedited services are used. Our attorneys know how to get your company formed quickly and can complete your registration within a day's time in most cases.
What factors are considered in determining trademark approval ?
Trademark approval depends on whether the mark is distinctive and clearly identifies your goods or services. It must not be confusingly similar to existing trademarks already registered in the state. You also need to show that the mark is actively used in Ohio commerce. Marks that include prohibited content—like deceptive language, scandalous material, or official government symbols—will be rejected. Finally, your application must be fully completed, including a specimen and the appropriate filing fee.
How can mediation help in resolving disputes?
Mediation helps resolve disputes by encouraging open dialogue with a neutral third party. It’s faster, less costly, and less confrontational than court. Both parties have more control over the outcome when using alternative dispute resolution method. It often preserves relationships and leads to practical, flexible solutions.