Mulhall Business Law

Attorney-Client Relationship

A general inquiry or message to Mulhall Business Law (“Company”) through this website, email, or Company’s phones does not create an attorney-client relationship. An attorney-client relationship only exists when an agreement is memorialized in a signed writing by Company and a Client (an “Agreement”) with respect to specific legal services set forth therein (a “Matter”). No attorney-client relationship will exist between the Company and the Client until both parties have executed the Agreement, nor will the Company be obligated to provide legal services, until both parties have signed the Agreement and the Client has paid the initial fee or retainer called for in the Agreement.

Scope

The Company will perform only those legal services set forth in the Agreement.  The Company will not provide legal services beyond those set forth in the Agreement, unless the Company agrees to do so in writing, or the parties enter into a separate agreement with respect to any such additional legal services.

Fees, Retainers, and Other Charges

Upon engagement of the Company, each Client authorizes the Company to incur all reasonable costs and fees necessary in the Company’s judgment to provide the services and pursue the Client’s objectives. The Company’s fees for legal services are generally either flat/fixed, or hourly.  Flat or fixed fees are fixed amounts paid for specified services provided.  Flat or fixed fees are earned upon receipt but may be refunded (in whole or in part) if the Company does not complete the Matter for any reason.  Hourly fees are based primarily on the amount of time spent by Company on behalf of a client.  The Company’s hourly billing rates are based generally on experience and expertise regarding the services.  The rate multiplied by the time spent (measured in tenths of an hour) will be evaluated as the basis for determining the hourly fee. The Company’s current billing rates are set forth in each Agreement and are adjusted from time to time generally to reflect increased experience and special expertise as well as inflationary cost increases affecting the Company’s business, and the adjusted rates will apply to all services performed thereafter.  Other factors may be considered in determining the Company’s fees, including the novelty and difficulty of the questions involved, the skill requisite to perform the services properly, the experience, reputation, and ability of those performing the services, the time limitations imposed by the Client or the circumstances, the amount involved and results obtained, and any other factors that may be relevant under applicable rules of professional conduct.

The Company may require payment of a retainer before representation begins, or during the pendency of the representation.  If required, payment of a retainer must be made before the Company begins work on the Matter.  The Client shall deposit any retainer into the Company’s interest on lawyer’s trust account, which may be drawn out monthly and credited against the Company’s fees and other charges earned by the Company.  The funds deposited in this trust account will NOT earn interest for the Client.  The Company shall refund any unused retainer (if any) to the Client upon conclusion of the engagement.  If the Company’s fees and other charges exceed any amount in retainer, the Client is required to promptly pay such excess.

Although the Company may from time to time for the Client’s convenience furnish estimates of fees or charges that it anticipates will be incurred on the Client’s behalf, these estimates are subject to unforeseen circumstances and are by their nature inexact.  The Company will not be bound by any estimates except as otherwise expressly set forth in the Agreement or otherwise agreed to by the Company in writing.

Generally, invoices will be issued approximately monthly, however, there may be months in which invoices are not issued.  Invoices will describe the Company’s services and separately show disbursements and other charges in a format and with such detail as is customary in the legal industry.  There often is an unavoidable delay in reporting disbursements and other charges, and therefore not all disbursements and charges may be billed at the same time as the related legal services.

Fees, disbursements, and other charges are payable upon presentation of invoice and unpaid invoice balances will accrue interest at the rate specified thereon if not paid when due.  The Company expects prompt payment and reserves the right to postpone or defer providing additional services or to discontinue and terminate the Company’s representation if billed amounts are not paid when due.

Communication and Collaboration

The Company’s mailing address is 5735 State Road, Cleveland, Ohio 44134; the telephone number is 216.586.4278; and the general email address is info@mzbizlaw.com.  The Company’s communication policy is as follows:

• The Company’s attorneys are often busy attending to existing client matters, and therefore, the best way to reach the Company’s attorneys is often through Company’s main phone number or an email to the Company’s Administrator, who is in the best position to know when the attorneys are or will become available.
• When emailing the Company, to best ensure maintenance of attorney-client privilege, the Client should not utilize an employer-owned email account or an email account shared with another person outside the scope of the engagement. 

• If a Client has the need for an extended conversation with the Company’s attorneys, please endeavor to schedule time for such a call; however, the Company’s attorneys will always strive to prioritize genuinely urgent Client needs and balance all clients’ matters.
• Emails and voicemails received outside business hours or on holidays will be addressed during regular business hours, which are Monday through Friday, 9 a.m. to 5 p.m. ET.

Legal Advice; No Guarantees

Any legal advice from the Company concerning this Matter and the results that might be anticipated is intended to be an expression of opinion only, based on information available at the time, and is not a promise or guarantee of any particular result.

Company and Client Responsibilities

Any Client may at any time elect to terminate the Company’s services and representation upon notice to the Company.  Such termination shall not, however, relieve the Client of the obligation to pay for all services rendered and disbursements and other charges made or incurred on behalf of the Client prior to the date the Company receives notice of termination.

To enable the Company to most effectively render services, the Company has the following expectations from its Clients:

• Clients will communicate all facts and circumstances regarding the representation openly and honestly.

• Clients will inform the Company of all new updates regarding a Matter.

• Clients will update the Company with all current contact information (including address, telephone number, and email address).

• While Clients may provide the Company with their general objectives regarding a Matter, the Company’s attorneys are ethically bound to exercise independent professional judgment in determining the precise means and tactics used to obtain the Client’s objectives.
• Clients should treat all Company staff, court personnel and people associated with a Matter with respect and dignity. Abusive or discriminatory conduct on the part of a Client may be grounds for termination of the Agreement.

• Clients should take all necessary and reasonable steps to retain documents and information, including electronically-stored information, which may be relevant to the subject of the Company’s representation.

The Company reserves the right to withdraw from and/or terminate its representation for good cause or with the Client’s consent.  Good cause includes, but is not limited to, the Client’s failure to pay amounts billed in a timely manner, the Client’s inexcusable failure to follow the Company’s advice on a material matter, or any fact or circumstance that would, in the Company’s discretion, render the Company’ continuing representation unlawful or unethical. 

General Provisions

It is possible that some of the Company’s present or future clients may be in the same or related industry as the Client.  The Client agrees that the Company may continue to represent or may undertake in the future to represent existing or new clients in any manner that is not substantially related to the Company’s work for the Client so long as the interests of such clients in those other matters are not directly adverse. 

This Agreement shall be construed in accordance with the laws of the State of Ohio and all obligations of the parties are performable and fees to be paid in Cuyahoga County, Ohio.