These Standard Terms govern all legal services provided by Barker Richardson, PLLC through the LawVana℠ network of legal services. They are incorporated by reference into every engagement letter we issue.
These Standard Terms of Engagement ("Standard Terms") apply to all legal services provided by Barker Richardson, PLLC ("Firm"), through Daniel T. Barker, Esq., under the LawVana℠ brand. They are incorporated by reference into every Engagement Letter issued by the Firm and form part of the complete Engagement Agreement between the Firm and the Client.
Our representation is limited to the specific matter and scope described in your Engagement Letter. We do not automatically represent you in related matters, appeals, or subsequent proceedings unless we separately agree in writing.
Hourly Rate Range
For hourly matters, time is recorded in one-tenth (0.1) hour increments, with 0.1 being the minimum for any activity. Time includes all work performed on your matter: legal research, drafting, calls, emails, court appearances, and internal conferences related to your file.
Invoices are issued monthly and are due within thirty (30) days of the invoice date. Unpaid invoices accrue interest at the maximum rate permitted by North Carolina law. If an invoice is not paid when due, we reserve the right to withdraw from representation after reasonable notice.
For flat-fee matters, the fee is earned upon receipt. Out-of-pocket costs (filing fees, court costs, service of process, recording fees, expert fees, etc.) are separate from our fee and remain your responsibility regardless of the fee arrangement.
We reserve the right to adjust our hourly rates periodically. You will be notified in writing before any rate change takes effect on your matter.
For hourly and certain other matters, we may require an initial retainer as an advance against fees and costs. The retainer amount, if any, is stated in your Engagement Letter. Retainer funds are held in the Firm's trust account and applied against invoices as they are issued.
At the conclusion of the engagement, any remaining retainer balance — after payment of all outstanding fees and costs — will be returned to you. If the final invoice exceeds the retainer, you agree to pay the balance promptly. We may request that you replenish the retainer at any time if it is depleted during the engagement.
The retainer is not an estimate of total fees and costs. Actual fees depend on the time and effort required to complete your matter.
Effective legal representation depends on your cooperation. You agree to:
Providing false or incomplete information may result in adverse legal consequences and may require us to withdraw from representation.
We will represent you diligently and to the best of our ability. However, nothing in any engagement letter, these Standard Terms, or any other communication from this Firm constitutes a guarantee, warranty, or prediction of any particular legal outcome. Legal results depend on facts, evidence, the decisions of courts and opposing parties, and other factors outside our control.
Any opinion we provide about the likely outcome of a matter is based on the information available at the time and does not constitute a promise of result.
All communications between you and this Firm are protected by the attorney-client privilege and our professional duty of confidentiality under the North Carolina Rules of Professional Conduct. We will not disclose confidential information without your informed consent, except as required by law or court order, or as necessary to prevent reasonably certain substantial harm.
We use industry-standard methods for secure communication and document storage. We strongly recommend that you communicate with us using secure channels and that you notify us if you have concerns about the security of your communications.
We gather and process personal information in connection with providing legal services and complying with applicable law. We do not sell or share your personal information with third parties except as necessary to perform legal services on your behalf or as required by law.
Before undertaking representation, we conduct a conflicts check to identify any circumstances that could impair our ability to represent you effectively. We will advise you promptly if we identify a potential conflict.
We represent many clients in a variety of matters. It is possible that another client may have interests adverse to yours in a matter unrelated to your engagement. We will not represent an adverse party against you in any matter substantially related to our engagement without your informed written consent.
Either party may terminate this representation at any time upon written notice. You have the right to discharge us at any time, with or without cause. We may withdraw from representation for good cause as permitted by the North Carolina Rules of Professional Conduct, including — but not limited to — non-payment of fees, material misrepresentation, or a conflict of interest that cannot be resolved.
Upon termination, you will be responsible for all fees and costs incurred through the effective date of termination. We will provide you with copies of documents you supplied to us and, upon request, a copy of your client file. Original documents you provided remain your property and will be returned to you upon request.
At the conclusion of your matter, we will notify you that the file is being closed and offer to return any original materials you provided. We retain client files for a minimum of seven (7) years following the closing date, after which files may be destroyed without further notice. It is your responsibility to maintain your own copies of important documents.
After your matter is concluded, we have no continuing obligation to advise you of legal developments unless you engage us for a subsequent matter.
Unless specifically stated in your Engagement Letter, our representation does not include tax advice of any kind — federal, state, foreign, or local. If your matter has tax implications, we strongly recommend that you consult a qualified tax professional.
This agreement covers only the specific matter identified in your Engagement Letter. If you ask us to assist with additional matters in the future, we will enter into a separate written engagement for each such matter. The existence of a prior attorney-client relationship does not create any obligation on the part of the Firm to accept future engagements.
Barker Richardson, PLLC uses artificial intelligence tools to assist with legal research, drafting, and analysis. All AI-assisted work is reviewed, supervised, and approved by Daniel T. Barker, Esq., before being provided to any client. The use of AI tools does not reduce the quality of our work or our professional responsibility for the advice and documents we provide.
Our commitment: AI-Assisted. Attorney Approved. Always Transparent.℠
These Standard Terms and all engagement agreements are governed by the laws of the State of North Carolina and the North Carolina Rules of Professional Conduct. Any disputes shall be resolved in Wake County, North Carolina.
If any provision of these Standard Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
If you have any questions about these Standard Terms or your Engagement Letter, please contact us before signing: