This Trial Add-on Retainer Agreement (the “Add-on Plan,” or the “Agreement”) is between the interested entrepreneur (the “Access Client”) and Tingen & Williams, PLLC, a professional limited liability company located at 1801 Bayberry Court, Suite 203, Richmond, Virginia 23226 (“Tingen & Williams,” the “Firm,” or the “Attorney”).
The Access Client and Tingen & Williams may be collectively referred to as the “Parties” for the purposes of this Agreement.
Tingen & Willliams’ Add-on Plans shall only be offered as an option for additional services and are not to be seen as agreements distinct from that of the Individual Access Retainer Agreement. Therefore, all provision in the Individual Access Plan apply to this Agreement and the provisions herein merely expand on those of the Access Plan.
This Agreement is offered by Tingen & Williams as an affordable true retainer for certain legal services to be provided by a Tingen & Williams attorney at law (“Attorney”), and the Access Client desires to retain such services.
Accordingly, the Parties agree as follows:
Article 1 – Definitions
1.1 Definitions. The capitalized terms defined in the preamble of this Add-on Plan Agreement have the meanings assigned to them, and each of the following terms have the meaning set forth below:
- “Access Plan Year” means either a monthly payment toward this Add-on Plan, paid by the Access Client, for a consecutive 12-month duration from the initial Add-on Plan purchase, or a single payment period lasting 12 months before need for renewal.
- “Member Discount” means a deduction of 25% from the Attorney’s standard hourly rate in all legal matters not included or provided for in this Agreement, unless otherwise noted.
- “Pre-Trial Time” means Attorney time rendered in representation of a covered lawsuit as it occurs outside of the courtroom proceedings. This includes, but is not limited to, time rendered prior to the date of jury selection (in the case of a jury trial) or opening statements (in the case of a bench trial), between jury empaneling and opening statements, settlement conferences, telephone conversations, pre-trial conferences with the tribunal or judge, depositions, discovery, preparation of pleadings, or motions and briefs, including motions for summary judgement.
- “Professional Judgment” means the application of relevant training, knowledge and experience, within the context of the legal profession, in making informed decisions when addressing all matters relating to the relationship between the Attorney and the Access Client.
- “Trial Time” means Attorney time rendered in representation of a covered lawsuit from the date of and including jury selection (in the case of a jury trial) or opening statements (in the case of a bench trial) to the date of verdict or bench decision.
Article 2 – Trial Add-On Plan Purchase
2.1 The Exchange. Tingen and Williams shall make available to the Access Client all services incorporated herein and shall provide all unincorporated or excluded services at a discount price, as provided within this Agreement, upon the Access Client’s purchase of the Access Plan services.
2.2 Payment Period. The purchase of Access Plan services shall renew on a monthly or annual basis, depending on the selected payment option.
2.3 Payment Method. The Access Plan fee shall automatically be renewed either every 30 days, or every 365 days, depending on the selected payment option, following the date of initial payment.
2.4 Billing. The Access Client shall be notified via email after each renewal of payment.
Article 3 – Trial Add-On Plan Services
The following services are provided by this Agreement:
3.1 Additional Trial Hours. In addition to those hours provided in the Individual Access Retainer Agreement for representation in civil matters, the Access Client shall be entitled to a further 50 hours of trial services per Access Plan Year as follows:
- 40 hours of Trial Time; and
- 10 hours of Pre-Trial Time if, in the Professional Judgment of the Attorney, such allocation of time is necessary to the success of the trial.
Article 4 – General Provisions & Exemptions
4.1 Incorporation of Individual Access Retainer Agreement Provisions. All provisions related to termination, dispute resolution, general exemptions, and general provisions of the Individual Access Retainer Agreement apply to this Add-on Plan.
4.2 Availability of Services. The additional services available through this Trial Add-on Plan only become available as of the date of initial purchase of Trial Add-on Plan services and are not retroactive to the date of initial purchase of the Individual Access Retainer Agreement. Trial Add-on Plan services cannot be applied to any claim the basis for which pre-exists the date of initial purchase of this Add-on Plan.
4.3 Geographic Scope of Retainer. The services contemplated by the retainer agreement are limited in geographic scope to legal issues in the state of Virginia.
Last Updated: 1/26/2021