Legal Services Terms of Service
These terms and conditions set forth the terms, scope, and nature of our representation of you in this matter. By placing your order and clicking that you accept the terms and conditions, you agree to the terms and conditions set forth on this page. Moreover, you acknowledge and understand that while Rick Davis Legal accepts this employment and promises to render professional legal services to the best of our ability during the continuation of this employment, that we make no warranties, representations or guarantees of the outcome of any litigation or that any contracts drafted or reviewed include any terms other than those expressly discussed prior to the drafting or review of the same.
Scope of Representation
Please be advised that the representation does not begin — and an attorney-client relationship is not created — until such time as we have reviewed the information you provided, conducted a conflict check, and confirmed our ability to represent you with this matter. If you have any questions about the formation of attorney-client privilege, please contact our office.
This representation is limited to the services set forth on the “What’s Included” page for the service package you are purchasing and several of our services would be considered a “limited scope representation.” Prior to making your purchase, please be sure to review the “What’s Included” tab and corresponding “What’s Not Included” tab so as to understand the services you are purchasing. Please further note that the “What’s Not Included” tab is provided as a courtesy and is not intended to be an exclusive list of services that are not included with your purchase. Furthermore, Rick Davis is not a tax attorney and is unable to provide advice on the tax effects of any terms contained in the contracts drafted or reviewed. As such, it is recommended that you review any potential contract with a CPA or Tax Attorney if the tax consequences are important to you.
Termination of Representation
Either you or Rick Davis Legal may discontinue the Attorney-Client relationship created herein at any time. We reserve the right to withdraw from this representation if there has been a breakdown of the Attorney-Client relationship, lack of payment, or for any other reason allowed under Kansas or Missouri law or the Kansas or Missouri Rules of Professional Conduct.
Discontinuing the representation does not affect your responsibility to pay for the legal services rendered and the costs incurred up to the date of termination.
Legal Fees (Uncontested Litigation and Transactional)
In exchange for the services the legal services to be provided and defined above in the product description, you agree to pay the price set forth on the product page (“Flat Fee”). If the Flat Fee is paid using a credit card, we shall authorize the purchase at the time of you signing up but shall not charge your card until we have confirmed there are no conflicts and earned the fees based on the terms set forth below. If paid by check, the check shall not be deposited until fees are earned as set forth below. Once your card is charged or the check is deposited, all fees are non-refundable. Furthermore, if the work has not been commenced within seven (7) days, you will be required to resubmit your payment details per the rules of our payment provider.
It is understood that this Flat Fee represents only the items set forth in the product description. If any additional legal work is requested that exceeds the scope set forth in the product description, additional fees will be required.
Legal Fees (Contested Litigation)
We do not bill by the hour as we believe that time is not an accurate measure for the value of the work your attorney is providing and encourages attorneys to work inefficiently or to avoid opportunities to quickly resolve matters. Moreover, up-front predictable pricing helps our clients to make more informed settlement decisions as each offer can be evaluated in light of the known costs of proceeding to litigation.
How our fees work is that we charge an initial upfront fee equal to the signup fee plus the first month’s payment to start the case. This fee compensates the attorney for reviewing your documents, accepting the case, and for giving up the right to represent the opposing party and/or other clients due to the limited number of cases that can be handled at any given time. If the case is resolved within thirty (30) days, the initial sign up fee is all that you pay. If the matter is not resolved within thirty (30) days, you will be automatically charged the monthly fee for each month until the matter is resolved on the credit or debit card you used to sign up for services. As that monthly payment is compensating the firm for the work performed in the previous month, the fees are non-refundable unless the case is resolved within two (2) business days after the monthly payment is made. At the end of the representation, we agree to waive the final month’s fees, meaning that you will not receive a bill for the final month’s services. Moreover, our monthly fees include all of the standard expenses related to handling your matter, which further helps to keep the legal expenses predictable for our clients. For more information about our unique pricing model, please visit our pricing model page on this website.
Costs and Expenses
Many of our services include the related costs associated with court filing or handling a matter. With that being said, each service only includes the specific costs listed therein. Any costs not explicitly listed as being included on the product page are the responsibility of the client, including but not limited to, postage and mailing costs, court reporter fees, mediator fees, court costs (filing fees, subpoena expenses, services expenses, etc.), fees for expert witnesses, filing costs for any state agencies and the like. Any costs that are not included in your service will be discussed with you prior to you becoming responsible for the same and acknowledged via email.
No fees shall be charged to your card or deposited in our bank account (if paid by check) until they are earned. Fees are earned as set forth in the product description or if not set forth in the product description by the following actions:
- Filing of your Foreclosure, Eviction, or Quiet Title Matter with the Court
- Completing the first draft a document you requested by drafted by our office.
- Reviewing documents submitted to our office for review.
Once earned, all fees are non-refundable. If additional services are required, we may require that additional funds be paid for those services. If we are unable to represent you for any reason, we shall not charge your card or deposit your check.
If we receive any funds on your behalf as part of the representation, including, but not limited to, settlement payments, garnishment payments, or payments pursuant to a judgment, those funds shall be deposited into our firm’s trust account. Once said funds have cleared, we will first apply said funds to any outstanding balance owed to the firm for legal fees or expenses, if applicable. Once the firm has been paid in full, we will issue a check to you that can either be mailed or picked up in our office. By agreeing to these terms and conditions, you are giving us permission to endorse checks on your behalf, deposit funds into the firm’s trust account, and apply funds received towards any outstanding balance owed to the firm in accordance with the terms of these terms and conditions. If we have funds in the trust account that are unearned at the termination of the representation, said funds will be refunded to you either on your credit/debit card or by check by mail.
Payments, Late Fees, and Other Charges
If you would like your Monthly Payments to be deducted on a different day of the month or if circumstances arise that prevent you from making a Monthly Payment, please notify our office at least 48-hours prior to the scheduled payment so that we can make changes to the same prior to the funds being deducted.
We understand that life happens, and therefore, we provide a grace period of one payment per 12 month period, if said payment is made within thirty (30) days of the payment date. If more than one payment is missed or if a missed payment is not made within thirty (30) days of the payment date, we shall immediately terminate the relationship and withdraw as your legal counsel in any matter we are then handling.
Any unpaid fees shall be charged interested at the rate of 12% per year. All returned checks shall result in a charge of $45 being added to the account to cover the fees and costs paid by the law firm.
In the event of non-payment, Rick Davis Legal shall have a lien on all documents, property or money in our possession for all money due under these terms and conditions and we shall have a charging lien against the results of any litigation.
Timing and Expectations
Our standard processing time for document review or drafting is 2-3 business days. With that being said, we do not guarantee any specific timeline unless discussed with the firm prior to the confirmation of our representation as discussed above. If you are needing the documents reviewed or drafted faster, please contact our office to discuss if we can meet your timeframe.
The Court can move slowly and each court may have different caseloads or timelines. We will make every effort to ensure your matter is handled in the most expedient fashion possible, but we can not guarantee any specific timeline. An eviction in Kansas is usually handled in approximately 3-6 weeks. An eviction in Missouri is usually handled within 30-60 days. Uncontested Vehicle Quiet Title and Uncontested Real Estate Quiet Title actions are generally handled within 60-90 days. Standard litigation matters often go to trial between twelve (12) and eighteen (18) months from the date of filing. Limited or Associate Circuit matters generally go to trial within six (6) to (8) months. These timelines are only estimates and your matter may take more or less time depending on the court’s calendar and nature of the disputes.
Additionally, please be advised that there are stages in every litigation matter where we are relying on other parties to perform a task, such as when the sheriff is required to serve a legal document on the other parties. Once we have provided the information to that party, we have little control over how quickly they move to complete the task.
Preferred Communication Methods
As an attorney, Rick is regularly either in court or meeting with clients. Therefore, he is often not available when clients call the office. Moreover, he is in court, he may not be able to respond to an email immediately. As we respect your time and want to ensure we have an open line of communication, we encourage clients to schedule appointments for return phone calls and/or office visits. You can schedule a time for a phone or office consultation by calling our office at (913) 210-1847 or by visiting www.rickdavislegal.com/appointments.
Office Hours, Phone Calls, and Office Meetings
As set forth above, it is preferred that clients schedule a time for a return phone call or office appointment. We have found that this both helps to ensure that we handle client matters as efficiently and effectively as possible and it has been positively received by clients as you know when you will be hearing back from me as opposed to waiting around for a return phone call. If you call the office but do not schedule a time for a return phone call, we will do my best to return your call as quickly as we can; however, please note that it might not always be the same day depending on if Rick is in court or otherwise out of the office.
Rick reviews emails at set times each day so as to ensure he is devoting his full attention to working on my client’s matters. It is his goal to respond to all client emails within one (1) business day; however, there are times where this may not be possible (e.g., if he is in trial all day and receives a large number of emails). Moreover, he does not generally read emails after hours or over the weekend. Therefore, if you have an issue that needs to be handled immediately, we ask that you follow the emergency procedure set forth below instead of sending an email.
For your reference, new client consultations and return phone calls are generally scheduled between 3:00pm and 5:00pm every day, and therefore, Rick is often not available during these hours if you call the office. Furthermore, client office meetings are generally scheduled on Monday, Wednesday, and Friday afternoons. With that being said, we understand that these times may not work for all of our clients. If you need to schedule an appointment outside of these hours, please give us a call, and we will do our best to accommodate your schedule.
Furthermore, please note that for many matters, a certain amount of time for phone consultations or emails has been included in your purchase. If the time spent talking with you on the phone or sending emails exceeds the amount of time set forth in the product description, you will be required to purchase additional services and we may stop working on your matter until payment is received.
For purposes of clarity, we define an emergency as something that requires a response the same day or next business day due to a court deadline, deadline from an opposing party or third party. We ask that you, please do not email our office when you have an emergency that meets this definition as the email may go into a spam filter or otherwise may be overlooked due to the sheer number of emails received any given day.
If you have any emergency issue, please either call or text (913) 283-8300 and be sure to explain the situation briefly. To the best our ability – recognizing that I may be in court other otherwise unreachable – we will attempt to respond to these emergency requests as quickly as possible; however, we ask that clients please be mindful of whether or not the issue is truly an emergency as time spent responding to emergency requests is time that is directed away from working on our client’s files.
Document Retention Policy
Rick Davis Legal runs a “semi-paperless” office, and all client files are kept electronically. All paper documents received in relation to your matter are immediately scanned and stored in an electronic database that is kept and maintained in compliance with the Rules of Professional Conduct. Should you terminate the relationship before the completion of the matter, we will provide you or your new attorney with a copy of the case file electronically. Shall you desire to receive a paper copy of your file, we can provide it for you at the cost of $.10/page for black and white copies.
At the conclusion of the representation whether by termination, settlement, or verdict, any physical papers held by the firm will be destroyed within 30 days of the end of the representation. However, electronic copies will be kept for the time period required by law for document retention. Should you desire the return of any physical papers being held by our office, it is expected that you notify us, in writing, within 30 days of the end of the representation. Should this request not be received within 30 days, it is presumed that you waive all rights to original physical copies held by our law firm. We will still be able to provide electronic or printed copies at your request after the 30-day period for the applicable period as required by law.
Limited Scope Representations
Many of the services on our website are “Limited Scope Representations” or an agreement that we will represent you in some part of the litigation, but not the entire litigation. By agreeing to theese terms you are acknowleding that you understand the following:
- To help you with your legal problems, a lawyer may agree to give you some of the help you want, but not all of it. In other words, you and the lawyer may agree that the lawyer will limit his representation to
helping you with a certain legal problem for a short time or for a particular purpose.
- Limited representation is available only in civil cases.
- When a lawyer agrees to help you for a short time or for a particular purpose, the lawyer must act in your best interest and give you competent help.
- When a lawyer and you agree that the lawyer will provide such limited help,
- The lawyer DOES NOT HAVE TO GIVE MORE HELP than the lawyer and you agreed.
- The lawyer DOES NOT HAVE TO help with any other part of your legal problem.
- If short-term limited representation is not reasonable, a lawyer may give advice, but will also tell you of the need to get another lawyer.
You further consent and acknowledge that the legal services specified above are the ONLY legal help this lawyer will give me. You understand and agree that the lawyer who is helping me with these services is not your lawyer for any other purpose and does not have to give you any more legal help. If the lawyer is giving you advice, or is helping me with legal or other documents, you understand the lawyer may decide to stop helping you whenever the lawyer wants. You also understand that if the lawyer goes to court for you, he or she does not have to help you after he goes to court unless everyone agrees in writing. You agree that the address you give to your firm is your permanent address where you may be reached. You understand that it is important that both the opposing party and the court handling my case be able to reach you at this address in the event your attorney ends his limited representation. You therefore agree that you will inform the Court and the opposing party of any change in your permanent address.
In the event of any dispute between Rick Davis Legal and the client, it is agreed that the parties shall be required to participate in mediation with a mutually acceptable mediator before filing suit and that the prevailing party in any litigation shall be entitled to reasonable costs, including attorney fees.
Changes to Terms of Service
These terms of service are subject to change without notice, from time to time, in our sole discretion. We will notify you of these changes by posting the updated terms of service to this webpage. At no point will the terms of service change the nature or scope of the services being provided to you or the costs you will be charged for the same without your written approval of these changes. Email confirmation will serve as written notice for purposes of any provision in these terms and conditions.