Orange County NC Website
DocuSign Envelope ID:97F7F7DE-F3DE-4C40-8A7C-AF2F2DC9D84D <br /> April 29, 2021 <br /> Page 2 <br /> the terms of this Agreement, Client agrees that the Flat Fee (i) is fair and reasonable, (ii) is non- <br /> refundable and(iii) is deemed earned upon receipt. <br /> 2. Costs. Our monthly invoices will include charges for long distance telephone <br /> calls, photocopying and facsimile services, computerized research services, travel expenses and <br /> similar items ("Disbursements"). Disbursements are separately itemized on the billing <br /> statement. Goldberg Segalla bills at cost for charges paid to third parties vendors. <br /> Any larger third-party expenses (consultants or accountants) will not be incurred without <br /> Client's prior approval. Client will thereafter be directly responsible for the cost of these third <br /> party services. <br /> 3. Dispute Resolution. Should a dispute arise concerning Goldberg Segalla's legal <br /> fees or Disbursements in a matter in which a material portion of Goldberg Segalla's services <br /> were rendered in North Carolina, which dispute cannot be amicably resolved after consultation <br /> with either the attorney handing the Retained Matter or the Managing Partner of Goldberg <br /> Segalla, the Client shall have the right to arbitration of the dispute pursuant to North Carolina <br /> Revised Rules of Professional Conduct and the North Carolina State Bar fee dispute resolution <br /> program. If a fee is in dispute (whether through Client's objection to the amount billed or <br /> Client's failure to remit payment), Goldberg Segalla shall provide Client with written notice of <br /> the North Carolina State Bar's fee dispute program prior to instituting a legal proceeding. Upon <br /> request, a copy of North Carolina's fee dispute resolution program will be provided to the Client. <br /> Any other dispute relating to this Agreement shall be decided exclusively by a state or federal <br /> court sitting in Guilford County, in the State of North Carolina. Both Goldberg Segalla and <br /> the Client consent to the jurisdiction of those courts and waive any right to a trial by a jury. <br /> The prevailing party will be entitled to reimbursement of its reasonable attorneys' fees and <br /> other costs of collection (including court and/or arbitration costs, and interest). If Goldberg <br /> Segalla decides to represent itself and is the prevailing party, Goldberg Segalla shall be entitled <br /> to recover based on its normal rates and time expended. Goldberg Segalla will have a lien on <br /> all documents, property, or money in its possession or control until the full payment of all sums <br /> due hereunder. <br /> D. RIGHTS AND OBLIGATIONS OF CLIENT AND GOLDBERG <br /> SEGALLA. <br /> Client agrees to cooperate with Goldberg Segalla on the Retained Matter. Goldberg <br /> Segalla has the right to discontinue legal work if(i) Client does not provide Goldberg Segalla <br /> with all necessary, truthful and complete information and documents regarding the Retained <br /> Matter (or makes misrepresentations about the same) (ii) Client does not cooperate in <br /> the handling of the Retainer Matter with Goldberg Segalla's legal professionals, and/or <br /> (iii)there is a conflict with another client. <br /> The Client may terminate Goldberg Segalla's representation at any time, with or without <br /> cause, by notifying Goldberg Segalla in writing. <br />