Terms and Conditions
A. Attorney Qualifications
- Attorney must, at all times, be licensed to practice law in at least one jurisdiction within the State of California. Attorney may not use the Program during any period in which the Attorney is suspended or expelled from practice in any jurisdiction. Attorney shall advise potential clients of all known or potential impediments to Attorney’s ability to represent a client.
- Attorney shall, at all times, ensure that all information provided to LegalMatch California is true, accurate, and current, in all material respects. Attorney agrees that LegalMatch California may, in its sole discretion, deny the Attorney access to the Program and/or terminate the Membership if the Attorney has a record of professional discipline, has suffered adverse civil or criminal judgments of any kind, or is the subject of complaints by LegalMatch California Users, or if LegalMatch California has any reason to believe that Attorney will not fulfill their professional obligations to clients.
B. Attorney Active Participation Obligations
In order for the Program to provide the necessary service to client Users and to afford maximum value to Member Attorneys, active and diligent Participation in the Program by Member Attorney is required at all times throughout the Term. Participation includes all of the following requirements and any modifications, additions or enhancements to these requirements that may be posted to the Member
Attorney’s Program homepage throughout the Term:
- Following up with your LegalMatch California marketing manager at least once a week
- Displaying a LegalMatch California approved profile with picture for the entire duration of the Term
- Logging into the Program – at least 5 times per week
- Notification of all client User engagements within 5 days of engagement by moving cases to engaged tab
- Updating Fees Received to Date and Estimated Total Case Fees fields at least once a month for all engaged client Users
- Notification of all client consultations within 5 days of consultation by moving cases to consultation completed tab
- Subscribing to all case notification emails for the duration of the Term
- Creating and maintaining at least 3 response templates within the LegalMatch California Program
- Ensuring that Attorney contact information is up to date at all times
- Maintaining a 4 star or higher client User rating on our comment- feedback system (the “Comment Board”) and no client complaints that have not been withdrawn and resolved to the client’s satisfaction
- Requesting a client rating for every engaged client User
- Responding to cases posted as soon as possible AND responding to cases posted between 8am-5pm local time within 4 hours on average
- Disposing of at least 90% of responded cases within 30 days of the date of response by moving cases to either the engaged or archived tab
C. Guarantee Qualifications
If Attorney’s Agreement includes a guarantee for the initial Term (the “Guarantee”), Attorney agrees that in order to qualify for the Guarantee at the end of the initial Term, Attorney will have the burden of demonstrating all six of the following qualification factors:
- Financial Loss. To qualify, your total Membership Fee for the initial Term (total of all payments due for the Term) must exceed the expected total case fees from all current and future work for all engaged clients, and clients referred by engaged clients by a positive amount (the “Loss”). The Guarantee will only cover your Loss..
- Complete, Timely and Automatic Payment of Membership Fees. Attorney must make all payments after the Initial Payment automatically and in a timely manner through the end of the Term. Failure to make any payment of the Membership Fee on the Billing Date and through an automatic billing method such as credit card or chexpedite, or any late, returned, rejected or disputed payments will disqualify Attorney from making any claims under the Guarantee.
- Active and Diligent Participation. Attorney must meet all Participation requirements listed above at all times throughout the Term.
- Complete, Truthful and Timely Cooperation with Verification of Claims. LegalMatch California may use independent means to research and verify all claims and may deny any claims where (1) Attorney does not fully cooperate with the verification process including providing all requested records to LegalMatch California within 10 calendar days of request or (2) LegalMatch California obtains information from a client or any other reliable source that is inconsistent with the Attorney’s claim.
- Paid Cases. At least 75% of cases engaged by the Attorney during the Term required upfront or immediate payment and were not taken on a pro bono or contingency basis.
- Claim Submission. All claims must be made no less than 1 day and no more than 30 calendar days after end of the initial Term. All Guarantee claims must be submitted by certified mail to ensure receipt. All Guarantees apply to the initial Membership Term only.
D. General Attorney Obligations
- Member Attorney will make timely payments of the Membership Fee. Payment of Membership Fees will be considered late if not received within 5 calendar days of the Billing Date. If the Membership fee is late, LegalMatch California will assess the Member Attorney a processing fee of $75 for each late payment (“Processing Fee”) and after thirty (30) days a financing fee of 1.5% per each month on the outstanding late balance due to LegalMatch California by the Member Attorney (“Finance Charges”). If there are subsequent late payments, the Processing Fee will be assessed and the Finance Charges will accrue on the full outstanding balance on the account. If the account falls 60 days or more delinquent in payment, (i) all future payments will become due immediately and subject to Finance Charges and (ii) LegalMatch California reserves the right to suspend the account without waiving its rights to future payments and late charges and (iii) LegalMatch California reserves the right to void any payment discount terms given. Any returned checks will be assessed a $95 return check fee (“Return Check Fee”) as well as the Processing Fee immediately.
- This Agreement is not transferable. Attorney further agrees not to refer or otherwise transfer potential client Users obtained through the Program to any other attorney or service provider outside of Attorney’s law firm, unless (1) Attorney remains the attorney of record and primary client contact on the case or (2) Attorney receives no referral fee or compensation for doing so and the referral is in the best interests of the client User.
- Attorney agrees not to take any steps that may undermine the integrity of the Comment Board, and to comply with LegalMatch’s California’s then- current Comment Board procedures in the Rules.
- Attorney shall defend and indemnify LegalMatch California (and all of LegalMatch California’s officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with Attorney’s negligence or malfeasance, including: (1) the violation or breach by attorney of any advertising rules, legal ethics rules, and any other regulations governing Attorney’s practice; or (2) any disputes between Attorney and any Users or guests of the Program or the Comment Board. This indemnity shall not extend to wrongful acts committed by LegalMatch officers, directors, agents, subsidiaries and employees. Attorney shall hold LegalMatch California (and all of LegalMatch California’s officers, directors, agents, subsidiaries and employees) harmless from any and all of Attorneys’s claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with (1) Attorney’s membership in LegalMatch California or use of the Program; or (2) comments or information provided to LegalMatch California, the Program or to the Comment Board by Users or guests of the Program.
- The terms of this Agreement shall remain strictly confidential. Attorney covenants not to disclose any of the terms of this Agreement, whether generally or specifically, to any third party, except as may be required by Attorney’s accountants or insurers, or by order of a court of competent jurisdiction. Attorney further covenants that he or she will be personally liable for any and all damages that may be caused to Company by Attorney’s unauthorized disclosure of any of the terms of this Agreement. Attorney agrees that any such disclosure or threatened disclosure will cause irreparable injury to the Company, entitling Company to seek injunctive relief in addition to all legal remedies.
E. LegalMatch California Rights
- Attorney agrees that LegalMatch California shall have the right to modify the layout, the features, or the processes of the Program, with or without notice to Attorney. Under the general allocation model (herein “General Allocation Model”), LegalMatch California will use reasonable efforts to maintain a balance between the number of Member Attorneys in each allocation and the number of cases being posted by client Users, based upon historical experience and in LegalMatch California’s sole discretion.
- Attorney agrees that LegalMatch California may use various techniques to verify compliance hereunder, and may contact anyone accordingly. Upon request, Attorney shall provide a written accounting and supporting documentation of all cases engaged or introduced through the Program or referred by client Users.
- LegalMatch California may terminate this Agreement at any time. Upon termination under this Section, LegalMatch California will waive future payments or pay to Attorney an amount of money equal to the proportion of the Membership Fee prepaid for the remainder of the Term, less any sums that may be owed by Attorney. Such sum represents a fair statement of the damages, if any, that would arise from such termination, and no other compensation or relief shall be available. Attorney may terminate this Agreement only if: (1) LegalMatch California breaches a material term of this Agreement and does not cure within a reasonable time after receipt of written notice which states the provision of this Agreement that was breached; or (2) the State Bar of California issues a formal written opinion, opining that it would be clearly unethical for the Attorney to participate in the LegalMatch California Program. Upon such termination, LegalMatch California may delete data and files in Attorney’s account and bar any further access to such files or the Program.
- LegalMatch California may provide written notice under this Agreement by posting notice on the Attorney’s home page in the Program.
F. General Provisions
- Attorney and LegalMatch California are independent contractors, and no agency, partnership, joint-venture, employee-employer, trust, fiduciary, franchisor-franchisee, or other relationship (other than that expressly described in this Agreement) is intended or created hereby.
- The failure of a party to exercise or enforce any right or provision hereunder shall not constitute a waiver of rights or provisions.
- If any part of this Agreement is held to be invalid or void, such part shall be severed, and the remainder of this Agreement shall be construed to effectuate its intent.
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