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Agmt09 Cohen, Steven Esq- Law Office of
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Agmt09 Cohen, Steven Esq- Law Office of
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Last modified
9/16/2009 10:15:18 AM
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9/16/2009 10:15:18 AM
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Agreement
Contractor Name
Steven G. Chen, Esq
PROJECT NAME
Legal Services
RMP File Number
304
Date
9/2/2009
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<br />Conflicts of Interest <br /> <br />The Firm has attempted to rule out any conflict of interest. Please inform the Firm <br />immediately if you become aware of any additional parties that have an interest in or may <br />be substantially affected by the Firm's representation of you in this matter. <br /> <br />Arbitration <br /> <br />With the exception of collection actions by the Firm on delinquent accounts, as <br />referenced above, if a dispute ever arises between us that we cannot resolve informally, <br />rather than either of us taking the other to court, we propose to submit the matter to <br />binding arbitration, a process we believe is well suited to resolving lawyer-client <br />disputes. There are important differences between litigation and arbitration. Law and <br />public policy favor arbitration as a method of resolving disputes, and we believe <br />arbitration has considerable advantages for both lawyers and clients. <br /> <br />Arbitration is often quicker, less expensive and more efficient than court proceedings, <br />enabling both sides to avoid considerable attorneys' fees and costs. In arbitration, each <br />side would present evidence and arguments to a panel of arbitrators, usually retired <br />judges or other persons with relevant experience, and each side would agree to abide by <br />the decision of the arbitrators as the final determination of all legal and factual issues. <br />The parties would get to select the arbitrators, and hearings could be scheduled more <br />promptly and on a date certain. Arbitration is less acrimonious, and it is private, <br />protecting confidential client information. Arbitrators have broad discretion and are not <br />bound by strict rules of evidence and procedure, so the process is less formal and more <br />flexible. <br /> <br />Arbitration does have some disadvantages: fees must be paid to the arbitrators, and <br />arbitration limits freedom of choice in how we might pursue claims and remedies against <br />each other. In arbitration, there are limits on discovery, on the ability to compel <br />production of witnesses and documents, and on the kinds of relief available. An <br />arbitration agreement waives the right to a jury trial, there is no public forum, and there is <br />virtually no appeal. Thus, arbitration tends to be relatively quick, simple, inexpensive, <br />pri vate and final. <br /> <br />On balance, we believe arbitration is the best way to resolve lawyer-client disputes. So <br />unless we both agree otherwise in writing, your signature on the engagement letter will <br />confirm our agreement to arbitrate under the following arbitration provision. <br /> <br />The Client and the Firm expressly agree to resolve, by binding arbitration, any <br />controversy or claim arising out of or relating to this engagement (except collection <br />actions on delinquent accounts, as referenced above). Such claims or controversies <br />include any dispute relating to this agreement, our relationship, the quality or scope <br />of my services, the fees charged, the appropriateness of actions taken or not taken, <br />or any other matter relating to the representation, including any claim of legal <br />malpractice. The arbitration will be conducted under the Commercial Arbitration <br /> <br />2 <br />
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