Legal Services Terms and Conditions

LEGAL SERVICES TERMS

The Legal Services Terms and Conditions (the "Agreement") is entered into between Law Office of Giselle Ayala PLLC  (“we,” “us,” or “our” or "Firm") and you, the person who completes the intake form to receive the legal services and pays the fee (“Client”, “you” and “yours”). If the person who receive the legal services (whether a natural person or an entity) is different from the person who pays, the client is the person who will effectively receive the legal services. This Agreement is effective at the time you complete the required intake form and pay the agreed fees, both conditions must be met. If you had a previous engagement agreement with us, this one replaces and supersedes it.

You should carefully read this Agreement and any referenced (and linked to) standard terms, flat fees schedules, addendums and other referenced materials which are included in this Agreement. They include important terms governing our relationship, including an agreement to arbitrate disputes.

Scope of representation

We will not undertake efforts on your behalf unless we agree to do so in writing. If that occurs, then the terms of this Agreement will apply to that representation as well. If you engage the Firm in other matters outside the scope of this Agreement, and less than a year has lapsed, we will send you a Short-Form. Anything not covered by the Short-Form will be governed by this Agreement. 

Fees & Expenses

Unless this is a Pro Bono matter, we will bill you for our services. For certain tasks, we may bill you on a flat rate basis. Unless otherwise agreed to. We will charge you a flat fee for our services. The fee is earned at the time of payment as we are setting aside time and resources to handle your matter as opposed to other matters for clients. We will not begin any services until the fee is paid.

Costs & Expenses

We may incur costs in order to provide the services. These may include filing fees, costs of printing, postage, courier fees, process service fees, payments to other legal professionals (discussed below), payments to technology providers (discussed below), and similar costs. We will not advance this cost for you, neither will we charge you unless you provide express authorization.

Credit card processing fees

We apply a surcharge to credit card payments. The amount is 3.5%.

Non-payment or slow payment

Any amounts not paid within that time will accrue 9 percent interest per annum. Should you have past due invoices, then we may cease work on your file until your balance is current with us, insofar as doing so will not adversely affect your matter. Finally, should we be required to undertake any efforts to collect on amounts you owe us, then you understand you will be responsible for all reasonable costs of collection. This includes attorneys’ fees—whether our attorneys or third-party attorneys, legal staff fees, and all costs associated with the collection efforts.

Expectations & Communication

Information from you

In order to effectively advocate for you, you have an obligation to cooperate with us. You will have to furnish us with information and documents in a timely manner. You should not withhold information or documents because you think what we ask for is not relevant to your matter, overly private, or protected. Please provide the information while feeling free to express your concerns. We will address those concerns.

Our communications to you

We will keep you reasonably informed of the status of your matter and will consult with you when appropriate. We will do so, primarily, through either our client portal or email. We prefer the former for most clients. However, invoices may still be sent by email. You undertake the obligation to ensure the security of your email system and that access is sufficiently limited to protect the attorney-client privilege. For this reason we strongly encourage you to not use a work email for personal legal matters. But, if you choose to do so, it is your obligation to ensure that access to that email is sufficiently limited to protect the attorney-client privilege.

Additionally, the Client acknowledges that the Firm works on the basis of a “team approach”. Therefore, it is likely that different tasks will be handled by different people, in any case under the review and supervision of the Attorney in charge.

Please note, while we may advise you of messages or the need for responses through our SMS texting service or What’sApp, the Firm does not engage in back-and-forth communications on client matters by text message. From time to time, you may desire updates more often than we might anticipate at the outset of representation. That is fine. You are our client and you are paying us for those updates. However, we believe in setting expectations so that no one is surprised one way or another.

Therefore, we must remind you that you are not our only client. Unless something is truly an emergency, a response may not come for several business days. We endeavor to respond to all communications in three business days or less.

If something is an emergency, you should call the attorney handling your matter.

Conflicts of Interest

Neither you nor we see any actual or potential conflicts of interest. If we become aware of one, we will notify you and determine whether it is waivable. Similarly, if you become aware of one, then you will do the same.

Disputes General provisions 

You and we agree to arbitrate all disputes between us. Please read this carefully, it affects your rights.

You and we agree to resolve disputes through binding arbitration in New York County, New York rather in a court of general jurisdiction as explained below. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. But, it is also typically less costly and more speedily resolved than a court case. By signing this Agreement, you are representing that you have taken time to explore the pros and cons of arbitration rather over court proceedings and consent to resolve disputes through arbitration.

Any arbitration under these Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Resolving disputes 

In the event of any dispute, claim, question, or disagreement arising from or relating to our representation, the parties to this Agreement will use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

If they do not reach such a solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered or before Court.

Arbitration process

Except as provided in this Agreement any controversy dispute between you and the Firm, regarding the construction, application, or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and/or costs charged under this Agreement will be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. 

The parties shall appoint and agree upon a 3-person panel to hear and determine the dispute. If the parties cannot agree, then the Supreme Court of New York County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. Attorney and Client shall each have the right of discovery in connection with any arbitration proceeding. Each party shall bear their own legal fees and costs. 

The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. In no event will an award in arbitration exceed the amount you actually paid us. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section.

The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees unless provided for by statute or by this Agreement. The award of the arbitrators shall be accompanied by a reasoned opinion.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state,or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

This arbitration provision will survive termination of our Agreement.

The language of the arbitration will be English.

Pursuant to 22 NYCRR Section 1215, Part 137 of the Rules of the Chief Administrator, and the New York Rules of Professional Conduct, notwithstanding the above, any dispute over attorney’s fees, costs, or both is subject to the jurisdiction of the State of New York. , You have the right to elect arbitration pursuant to the fee arbitration procedures of the State Bar of New York.

Withdrawal / Termination of the Relationship

You can terminate our Agreement at any time, subject to payment of any final billings. Additionally, if the Firm has already worked on the Client’s matter any refund may be made calculating the work of the Attorney at the regular rate of $250/hour. Conversely, we reserve the right to withdraw from representation, subject to the ethical restrictions imposed upon us by the applicable Rules of Professional Responsibility. If we choose to terminate representation, reasonable notice will be given to you.

By agreeing to this Agreement you represent that you understand and expressly agrees that the Firm may withdraw from your the Matter if Client at any time fails to honor its financial obligations as herein set forth, including but not limited to, payment of fees, costs, and expenses on a timely basis; Client fails to cooperate in the preparation of the case; or if the Client fails to make a full and complete disclosure of the facts and circumstances relating to the services; or otherwise takes any action which impedes the ability of the Firm to provide adequate and ethical representation.

Pursuant to the Rules of Professional Responsibility the Firm will terminate the representation if the  Firm knows or reasonably should know that the representation of the Client will result in a violation of the Rules or of law; of if:

- The Firm knows or reasonably should know that the Client is bringing the legal action, conducting the defense, or asserting a position in the matter, or is otherwise having steps taken, merely for the purpose of harassing or maliciously injuring any person.

- The Client persists in a course of action involving the Firm’s services that the Firm reasonably believes is criminal or fraudulent; 

- The Client has used the Firm’s services to perpetrate a crime or fraud;

- The Client insists upon taking action with which the Firm has a fundamental disagreement; 

- The Client deliberately disregards an agreement or obligation to the Firm as to expenses or fees;

- The Client insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law;

- The Client fails to cooperate in the representation or otherwise renders the representation unreasonably difficult for the lawyer to carry out the employment effectively;