|
Pre-Paid Telephone
Legal Consultation Terms & Conditions |
Terms & Conditions
The Law Office of
Norman Gregory Fernandez "law firm" offers pre-paid telephone
consultations (hereinafter referred to as "consults") on
California legal matters pursuant to the following terms &
conditions.
(1) We reserve the
right to refuse service to anyone.
(2) We will not
provide any consults to anyone who we deem to have a conflict of
interest with a current client, or anyone we have previously
given a consultation to.
(3) If we will not,
or cannot provide service pursuant to 1 and 2 above, we will
issue a refund in the same manner in which you paid us.
(4) All persons
ordering a consultation will be required to provide their name,
address, telephone number, and email address so that we may
ascertain whether a conflict of interest may exist.
(5) All persons
ordering a consults, will receive a confirmation from our law
firm that we have received your order. This is done by a human
being and not a computer. Once one of our staff receives your
order, we will email you a confirmation of receipt.
(6) Once we receive
your order, and we send you a confirmation of receipt, our law
firm will contact you within 2 business days to schedule an
appointment for your telephone consultation, unless you have
ordered expedited service, in which case we will contact you
within 8 business hours.
(7) A business day
is Monday through Friday, 8am - 5pm, Pacific Standard Time.
(8) If you place
your order on a weekend or after business hours, it will not be
deemed to have been received until the next business day and the
next business hour. For example if you order at 8PM PST on
Friday night, your order will not be deemed to have been
received until 8AM PST on Monday.
All consults will be
done Monday through Friday between 8am and 5pm only, unless you
and the law firm agree to a time outside of business hours.
(9) By ordering a
consults from our law firm, you hereby agree that you are
pre-paying for attorney time. Our law firm will block out a set
amount of time for your consultation based upon the amount of
time you paid for.
(10) Once we
schedule with you a block of time for your consults, that date
and time scheduled will be a firm date and time for your
consultation. If you do not answer your phone when we call you
for your consults, after you agree with us on the exact date and
time for your consultation, you will not be entitled to any
refund for the amount of time we reserved for you, subject to 11
below.
(11) If you request
a refund before we schedule with you an appointment for your
consults, or you contact our law firm within 8 business hours of
your scheduled date and time for your consults, and request a
refund, we will give you a refund for the amount you paid.
Further if you
contact us within 8 business hours of your scheduled date and
time for your consults, and request a new date and time for your
consults, we will reschedule your consults to a date and time
agreeable to our law firm and you.
Further, If you
there has been a date and time scheduled between the law firm
and you for your consults, and you do not answer the telephone
when we call you, you may call our law firm at 800-816-1529 x. 1
during the time set for your consults, and we will attempt to do
our best to still give you a consults within the time period you
paid for and have scheduled.
Please note that if
you are not at the telephone number you give us for your
consultation, on the date and time agreed to for your consults,
there is no guarantee that by calling our office, we will still
be able to give you a consults as articulated in the previous
paragraph because the attorney giving you the consults may not
be calling from the office.
It is your
responsibility to be at the phone number you provided to us, on
the date and time of your scheduled consults.
We will not issue
any refunds for your failure to be available on the date and
time of your appointment when we call you or by our terms and
conditions.
(12) Purchasing a
consults from us, and receiving a consults from us, does not
create an attorney/client relationship between our law firm, and
you. We shall not be your attorney, nor shall an attorney/client
relationship be created between us, unless our law firm agrees
to be retained by you, a written retainer agreement is prepared
by us and signed by you, and a retainer payment is made by you.
(13) We agree to
provide a licensed California Attorney at Law for your consults.
(14) We do not
consent for our consults to be recorded by you by any means
whatsoever.
(15) We are not
responsible for your actions related to the consults we provide.
A legal consultation is simply a discussion and a meeting to
evaluate your legal case, render a legal opinion, and to discuss
potential options related to your case, including giving legal
advice. It is your chance to speak to an attorney about your
case.
You and you alone
are responsible for your own legal case, unless we are retained
by your pursuant to 12 above.
(16) You hereby
agree that the law firm shall not be liable for any information
we provide in your consults, or for your failure to prosecute
your own case, or to ultimately retain legal counsel for your
case.
(17) Any legal
disputes between you, and our law firm, related to the consults
we provide, shall be only be resolved in binding legal
arbitration in the State of California, in Los Angeles County.
The arbitration will be governed by California law. Each party
shall pay their own fees and cost related to any binding
arbitration under this paragraph.
BY AGREEING TO THESE
TERMS AND CONDITIONS YOU ARE AGREEING TO HAVE ANY DISPUTE
ARISING OUT OF THE CONSULTS DECIDED BY NEUTRAL ARBITRATION AS
PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU
MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY
TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND
APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED HERE. IF
YOU REFUSE TO SUBMIT
TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA
CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY."
With respect to
arbitration, if in fact a party has made a demand for
arbitration, the arbitration shall be done by Judicate West of
California. The parties agree that each party shall select 3
neutrals from Judicate West. If the parties are unable to agree
on a neutral from Judicate West, than the parties shall proceed
by CCP 1280 et seq. to govern the arbitration proceedings. The
arbitration proceedings in any case shall proceed pursuant to
CCP 1290 et seq.
(17) If any portion
of these terms and conditions is violative of California Law,
the portion which is violative of the same shall be stricken,
and the rest shall be given full force and effect as if the
stricken portion was not included in the first place.
(18) You agree, that
the Law Firm shall not be responsible for the outcome of your
legal matter in which you request a consults, nor is any
warranty or guarantee made explicitly or implied by the terms
and conditions herein.
The outcome of any
legal matter is determined by the facts of each case, the law
related thereto, and by a Court of competent jurisdiction if the
matter is adjudicated.
(19) Legal Research
time: Due to the fact that laws constantly change, and/or laws
and facts are interpreted by the courts, there are many
occasions where an attorney may have to do research on a legal
issue or question before rendering an opinion or advice. You
hereby agree that you have been made aware that research may
need to be done to render an opinion or advice on your legal
matter, and that the time to do said research shall be added
onto the consults which you have purchased.
If the attorney
informs you that research will need to be done to render an
opinion or advice on a specific question or legal issue, you
will have the option as to whether to have the attorney do said
research. The attorney will do their best to give you a
reasonable approximation of time necessary to do said research.
If said time exceeds the consults time you have paid for, the
attorney will cease doing research and notify you that your time
has expired. You will then have the option to purchase more
consults time.
(20) Document review
or calculations: If you desire for us to review your legal
documents, you must first fax them to 888-273-0393, or email
them to
consult@divorce-legal.net. When we notify us that you want
us to review your documents, we will review the documents during
your consults, and the time required to do the same, will be
part of the consults you order.
If you desire us to
do a child support, family support, our spousal support
calculation during your consults, the time required to do the
same will be a part of your consults time.
(21) TIME: You
hereby agree that you are paying for your consults in blocks of
time of 15 minutes, 30 minutes, 45 minutes, or 1 hour, and we
are reserving said time blocks for you once you pay for your
consults. If you decide to hang-up with us early, or the
consults ends at your discretion, prior to the block of time you
purchased being depleted, you will not be entitled to any
refunds on the remaining time, because we have allotted said
time to you at the outset, and said time is pre-paid.
[Law Firm Profile] [Attorney Profiles] [Personal Injury] [Family Law] [Civil Law] [Civil & Insurance Defense] [Criminal Law] [Appeals] [Links] [Site Map]
|