The Parties. You understand and agree that in purchasing legal services in the United States in the areas of patents, you will be represented by the law firm On Call Attorneys / Crosby Law ("Law Firm"), upon the completion of a successful conflict check. Subject to the completion of a successful conflict check, you authorize the Law Firm to represent you before the United States Patent and Trademark Office ("USPTO"). You agree to communicate all confidential information to an attorney at Law Firm with which you have established an attorney-client relationship. You understand and agree that upon the completion of a successful conflict check, any fee you have paid for legal services will be deposited into an IOLTA trust account maintained by Law Firm. In the event the conflict check is unsuccessful, the fee paid for legal services will be refunded to you. Where the conflict check is successful, the fee for legal services will remain in the IOLTA trust account until earned by Law Firm.
Limited Scope of Engagement. You understand and agree that the purchase of legal services from Law Firm is a purchase for limited legal services only. You agree that Law Firm will only provide those legal services for which you have paid in advance. You agree that many legal services require the payment of a government fee, and such services will not be completed until you have paid in advance the government fee. Here, you understand and agree that the legal services provided by Law Firm may include the following: Patent Application: If you order a patent application, the legal services include consultation with you regarding your patent application, preparation and filing of your patent application, and monitoring of your patent application once filed. Patent Search: If you order a Patent Search prior to the preparation of a patent application, the patent search will be completed first and the patent application drafted based on the search results (it is highly recommended that a patent search be conducted before any patent application is prepared). All additional services are at an additional charge, at the sole discretion of Law Firm. Law Firm will perform the legal services called for under this agreement, keep you informed of progress and developments, and respond promptly to your inquiries and communications. You agree to cooperate with Law Firm, be available as requested, provide necessary declarations, promptly pay all fees and costs, and keep Law Firm informed of your whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times. You understand that Law Firm cannot guarantee the outcome of any legal representation. As such, you understand and agree that this is an application process which could result in a denial of your application by the USPTO. Accordingly, you understand and agree that all legal services are provided on a "best efforts" basis with no guarantee of outcome.
Government FeesGovernment fees are in addition to the above-described legal fees. The US Government fees for patent applications are as follows: Design Patent Application: $255 (Micro Entity), $510 (Small Entity) or $1,020 (Large Entity); Provisional Patent Application: $75.00 (Micro Entity), $150 (Small Entity) or $300 (Large Entity); Utility Patent Application: : $455.00 (Micro Entity), $830 (Small Entity) or $1,820 (Large Entity).
Waiver of Conflicts of Interest. You agree to a waiver of all current and future conflicts of interest.You acknowledge that Law Firm may currently manage patent matters for another party in a similar business, service or technology area as you, perhaps even a competitor of yours. You also understand and agree that Law Firm may represent future clients in matters that are adverse to you. You consent to Law Firm representing parties in matters adverse to you, provided such adverse representation does not involve confidential or privileged information obtained from the representation of you.Where such adverse representation exists, an attorney not involved in your representation will be assigned to the adverse representation. If a dispute emerges between you and another party that Law Firm represents, Law Firm will not represent either you or the other party to the dispute, except where all parties provide written consent. It is recommended that you consult with independent legal counsel regarding whether you should agree to this waiver of all conflicts.
When Fees are Earned.You understand and agree that fees are earned by Law Firm, after completion of a successful conflict check and any substantial performance of the legal service has begun. You understand and agree that fees are earned by Law Firm upon beginning any substantial review, evaluation and/or preparation of your patent application, irrespective of whether a filing is made in the matter, as advice by Law Firm not to file constitutes legal advice which may save you time and money. You understand and agree that you may cancel a legal service prior to the time Law Firm begins performance of the legal service. If the legal service is cancelled prior to Law Firm having begun performance of the legal service, the fee you paid will be refunded. However, fees are non-refundable once Law Firm has begun substantial performance of the legal service. You understand and agree that a government fee cannot be refunded under any circumstance, once paid to the appropriate government entity. The USPTO and many foreign patent, trademark and copyright offices do not offer refunds of government fees once paid.
Your Representations.You agree that all communications between you and Law Firm shall occur via email or telephone. You therefore agree to check your email and telephone regularly for messages from Law Firm. You understand that messages from Law Firm may relate to upcoming deadlines regarding your legal matter, where failure to file a response before the deadline could result in abandonment of your legal matter. Where messages from Law Firm require your response, you agree to respond to Law Firm within seven (7) days of receipt of the message.
Controlling Law and Venue.You agree that the terms herein as well as any disputes arising from the purchase of legal services from Law Firm shall be governed by and interpreted in accordance with the laws of the Maryland, excluding its conflicts of law principles.
Termination.You understand that this is a professional relationship, and therefore, you may terminate our engagement at any time upon reasonable notice to us, and we also retain the right to terminate this agreement. In the event that our representation is terminated, you agree to pay all bills thereafter rendered covering expenses incurred prior to the termination.
Entire Agreement. This agreement contains the entire agreement between you and Law Firm. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding on you and/or Law Firm. If any provision of this agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
Form of Signatures. This agreement may be executed by you and/or Law Firm in electronic counterparts.
Contact Information. Law Firm may be contacted at the following:
ON CALL ATTORNEYS / CROSBY LAW
Classic Counsel, P.C.
1125 West Street, Suite 200
Annapolis, MD 21401
Tel: 240-744-4614
Please feel free to contact Law Firm for further information regarding the available services or the Limited Scope of Engagement.
