Typical Terms & Conditions

The attorney client relationship is a fee for service professional relationship. Depending on many factors, you may be asked to sign a written fee agreement, or to pay a portion or all of anticipated fees in advance. Except for contingent fee cases, which are rare for the kinds of work which this office performs, monthly statements will be sent. The following terms will be included in all statements. Of course, a written fee agreement with differing terms will govern over the following:

The attorney client relationship is a fee for service professional relationship. Depending on many factors, you may be asked to sign a written fee agreement, or to pay a portion or all of anticipated fees in advance. Except for contingent fee cases, which are rare for the kinds of work which this office performs, monthly statements will be sent. The following terms will be included in all statements. Of course, a written fee agreement with differing terms will govern over the following:

CANN LAWYERS appreciates the opportunity to provide your legal services.

The following terms and conditions are part of the financial relationship between you and CANN LAWYERS unless you have a different written agreement. They are subject to change by CANN LAWYERS on a going forward basis and the current terms and conditions will be included in each bill or statement.

All descriptions of services are intended to be protected by attorney client privilege except as required for fee petitions and as otherwise provided by law.

All statements and invoices are due and payable upon receipt. Statements and invoices are generally rendered monthly, but may be rendered more or less frequently in our discretion. All balances bear interest as allowed by Oregon law.

Costing of out of pocket expenses: Direct expenses are charged individually to clients to fairly reflect the cost of each matter. Photocopies made in our office are charged at .25 per page to cover the overall cost of copying, except where clients have made particular arrangements for a different rate. Photocopies made by outside services (Multnomah Law Library, Kinkos, other services - and which includes copies made on shared photocopiers owned and serviced entirely by others) are charged at cost. Outgoing facsimile transmissions (made on shared facsimile machines owned and serviced entirely by others) are charged at cost (presently .25 as charged to CANNLAWYERS) per page; please note that fax transmissions are often cheaper than copying and postage combined. Incoming fax are not charged. Long distance tolls may be charged at cost where accounted for separately by long distance providers, in our discretion. Fedex and other delivery service credits for late delivery are retained by us to cover the cost of recovery, or time charged if cost effective to the client.

Costing of travel: Travel during business hours 8:00 a.m. to 6:00 p.m. is charged at regular rates, and may be reduced in our discretion. All out of pocket expenses of travel and overnight accomodation are borne by the client.

All fees are based on hourly rates expressed on the statement/invoice which may differ in CANN LAWYERS discretion depending on the person rendering the services and the nature of the tasks involved. Effective January 1, 2012, fees are $250 per hour for Mr Cann, other rates for other lawyers, and $50 to $75 per hour for paralegals and other assistants hired for particular litigation, except where other written agreements are in effect. CANN LAWYERS do not 'value bill.' It is too subjective. Fees and costs are not 'value' adjusted up or down, except where written agreements are in effect allowing this. Fees and expenses are not contingent on success or outcome, unless a written contingent fee agreement is in effect. If you find an error, or otherwise question your statement/invoice, or do not understand it, please call me immediately. We will assume bills, invoices and statements not questioned within thirty days are correct.

Similarly, if you have a concern with the nature or quality of the services that you have received, or if you find typographical or substantive errors in any work or documents related to your case, regardless of who prepared them, please let us know immediately. We are not infallible and the best opportunity to correct errors is soon after they have occurred. We are rarely allowed to take advantage of errors by counterparties.

When services are rendered or expenses incurred to or for the benefit of more than one person, or where more than one person's name is shown on the statement/invoice, then, each person to whom the services are rendered, each person who benefits from the services, and each person whose name is shown on the statement/invoice, is liable for the entire amount. The clients, recipients of the services, beneficiaries of the services, persons named on the statement/invoice, and any other responsible persons will be responsible between themselves for division of the fees and expenses.

Services rendered to limited liability entities, such as corporations and LLCs, where management and ownership are vested in substantially the same persons (individuals / entities), are rendered for the benefit of the owners as well as for the benefit of the entities, and the individual owners are also liable for the fees and expenses. If that is not your understanding, please advise us immediately so that written guarantees can be obtained, the representation can be terminated, or appropriate written clarification can be obtained for all concerned.

We may require funds to be deposited in advance for out of pocket expenses and / or fees. Fees are earned when services are rendered. Client funds are maintained in a non-interest bearing trust account in accordance with requirements imposed by the Oregon (or in some cases Washington) Supreme Court. If you have funds in trust, transactions are shown at the end of this statement. Out of pocket expenses may be paid directly from trust. Fees will be transferred from trust when bills are rendered, although they may have previously been earned.

Posting: Due to billing and accounting cycles, some out of pocket costs are posted in periods after the services are incurred. This is especially true with respect to charges by governmental information providers which bill slowly. Occasionally, payments received in the last few days before bills are sent are not posted until the next billing cycle.

All statements/invoices are rendered in English. All fees and expenses are expressed in $US and invoices are payable in $US at Portland, Oregon. All payments are conditionally credited upon receipt but credits are subject to collection.

Your address: If your address, telephone number, e-mail address, or other contact information change, please let me know. Having your correct address assists my timely communication with you.

Thank you.