1. DEFINITIONS

• Attorney: Refers to PrePaid DUI/DWI Defense and/or its Attorneys, Staff, or any partnered attorney at the sole discretion of Attorney.
• Client: Refers to you as a subscriber to PrePaidDUI.com. “You” and “Your” are to be used interchangeably with “Client” in this agreement.

2. PARTIES

This Agreement (“Agreement”) outlines the scope and course of legal services provided by Attorney to Client.

3. SCOPE OF LEGAL SERVICES

This Agreement establishes Client’s retention of Attorney for legal consultation, advice, and representation as detailed herein. Attorney agrees to provide these services as outlined in the Agreement.

3.1 Client Responsibilities

• Client has 14 days from an arrest to schedule a consultation with Attorney at a mutually agreeable time.
• Failure to schedule a consultation within 14 days of an arrest waives the right to a consultation.

3.2 DUI/DWI Defense Coverage

This Agreement covers one (1) DUI/DWI defense within one year of signing, provided the arrest occurs in the county and state of the Client listed at signup. Representation for a DUI/DWI outside this area is not included.

• Upon arrest for a DWI within the covered timeframe and location, Attorney will provide legal representation for that specific DUI/DWI charge.
• To activate your Defense Team:
  • Client must notify us within 14 days of arrest.
  • Our representation obligation only begins upon notification of an arrest.

Important Notes:

• This Agreement is for you only and cannot be transferred.
• Hiring another attorney for your DUI/DWI defense cancels this Agreement and our obligation to represent you.

3.3 Scope of Representation

This Agreement covers your defense all phases of a prosecution through the trial of the charges against you. Attorney agrees to represent you within these phases, subject to the provisions of this Agreement.

What’s Not Included: Appeals, applications for writs of certiorari, expunctions, parole or pardon work, probation violations, modifications, writs of habeas corpus, or other extraordinary relief.

Our obligation ends when:

• The charges are dismissed.
• The judge pronounces your sentence.

4. FULL FEE PAYMENT

All fees become due upon signing this Agreement (“Earned Fee Clause”).  The fee is due at the time of requesting a referral to a partnered attorney/firm.  The fee is $199.00 and is separate and apart from the subscription fee for PrePaidDUi.com.

Alternative Scenario (if Earned Fee Clause is unenforceable):

In the unlikely event that the “Earned Fee Clause” is found to be unenforceable, your fees will be considered earned based on the earlier of:

• Scheduling a consultation with Attorney.
• Notifying us of your choice to hire separate counsel.

5. THIS AGREEMENT IS FOR LEGAL SERVICES

This Agreement is solely for legal services provided by the Attorney to the Client.

• It does not function as any type of insurance policy.
• Fees paid are considered a retainer for the Attorney’s services under this specific Agreement.
• This Agreement establishes an Attorney-Client relationship, but its scope is limited to the terms outlined within this document.

NOTICE: THIS AGREEMENT IS NOT INTENDED OR SHALL BE CONSTRUED AS A CONTRACT FOR INSURANCE.

6. ELECTION OF FIXED FEE

Fixed Fee Agreement:

• Client chooses to hire the Attorney at a fixed fee of $199.00. This means the entire fee is due at the time of arrest. This is separate from the subscription fee that allows access to this low-cost retainer. The details of the PrePaidDUI.com subscriptions fees are in accordance with the terms set out in the website.
• The Attorney’s hourly rate could be higher or lower than this fixed fee, but this option provides certainty in your total cost.
• This fee covers all the work required for your case, including:
  • Advising and counseling you
  • Investigating the law and facts
  • Negotiating with other attorneys
  • Drafting documents and motions
  • Making court appearances
  • Any other necessary efforts to represent your interests effectively
• The Attorney cannot accept this case for a lower fee due to the time commitment and potential need to decline other cases.
• By choosing this fixed fee, you understand that the length of the proceedings or any complications that arise will not affect the total cost.

7. EXPENSES

Additional Expenses:

You (the Client) are responsible for reasonable and necessary expenses related to your case, in addition to the agreed-upon fee. These might include:

• Investigation costs
• Preparation of evidence exhibits
• Expert witness fees
• Attorney travel expenses

Payment for Expenses:

To ensure smooth case progress, Attorney prefers you to:

• Deposit funds upfront to cover anticipated expenses before we incur them.
• In situations where upfront payment isn’t practical, you agree to:
  • Reimburse us promptly within seven (7) days of being notified of the expenses. Attorney will not incur significant expenses without your prior consent.
  • Failure to reimburse within seven (7) days of a request for expenses shall be deemed a material breach of this agreement.

Non-Payment Consequences:

If you fail to pay for expenses within seven (7) days of notification, we are released from our obligations under this Agreement.

Remaining Funds:

Any unused funds remaining after your case concludes will be refunded to you.

8. CLIENT RESPONSIBILITIES

Fees and Fines: This Agreement covers legal representation only. Client is responsible for any fines, court costs, restitution, and other penalties resulting from your criminal charges. Similarly, you are responsible for any punishments, probation conditions, or bond/sentence conditions imposed by the court.

Communication: You agree to keep us Attorney informed of your current address and phone number(s) and to appear in court promptly whenever required. You will also cooperate with all reasonable requests related to preparing and presenting your case.

Non-Compliance: Failure to appear in court, maintain updated contact information, or comply with reasonable requests may result in our withdrawal from the case. Before withdrawing, we will attempt to reach you three times by phone and send one written notice to your last known address. Your bond forfeiture also releases us from our obligations under this Agreement.

Representation: Our team at PrePaid DUI/DWI Defense or a non-California state partnered Attorney will take the lead on your case. To ensure cost-effectiveness and quality representation, we may involve associates, paralegals, or other law firms when appropriate. You authorize us to delegate supervised work and associate with other attorneys or firms when necessary; including out of state attorneys and firms.

No Guarantees: We cannot guarantee a specific outcome for your case. Any opinions expressed regarding the case are just that – opinions.

Entire Agreement: This Agreement supersedes any prior or contemporaneous communications and can only be modified by a written agreement signed by both parties.

Additional Services: This Agreement covers representation for this specific DUI/DWI charge. Any additional legal services are not included.

9. CALIFORNIA LAW TO APPLY

This Agreement shall be construed under and in accordance with the laws of the State of California, and all obligations of the parties created hereunder are to be performed in the State of California. This Agreement shall be binding upon the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. Parties agree venue shall be Orange County, California.

10. SEVERABILITY

If any part of this Agreement is found to be invalid or unenforceable, the remaining parts will still be valid. In such a case, a new provision that reflects the original intent, but is legally enforceable, will be substituted.

11. NO WAIVER BY OUR INACTION

Attorney’s decision not to enforce a specific right or provision under this Agreement does not mean we waive that right or provision in the future.

12. HEADINGS FOR INFORMATION ONLY

The titles used for each section of this Agreement are for reference only and have no legal bearing.

13. LEGAL USE ONLY

This Agreement is not intended to encourage, condone, or facilitate any illegal activity, including DWI. You (the Client) agree not to use our services under this Agreement for illegal or improper purposes. If you do so, we have the sole right to void this Agreement.

14. Dispute Resolution

Option 1: Binding Arbitration (Default):

Client agrees to the binding arbitration should a dispute arise. This outlines the binding arbitration process for resolving any disagreements between you and Attorney regarding this Agreement.

In short, binding arbitration means a neutral third party (arbitrator) makes a final decision instead of going to court. There’s no judge or jury, and court review is limited. The arbitrator can award the same damages and relief as a court (including attorney fees).

Option 2: Small Claims Court (Opt-Out):

You can choose to opt-out of binding arbitration within five (5) days of signing this Agreement by providing written notice to us.

If you opt-out, you can pursue any claims against us in small claims court, subject to the court’s jurisdictional limits (maximum case value) as of the date you signed this Agreement.

General Steps for Disputes (Before Arbitration or Small Claims Court):

Regardless of the chosen method (arbitration or small claims court), you must first attempt to resolve the dispute directly with us by sending a written description of your claim to the following address:

4411 E. La Palma Ave, Anaheim, Ca 92807

We both agree to negotiate the issue in good faith.

Important Note:

If you fail to make timely payments, our obligations under this Agreement are released.

15. Breach of Agreement

If either party (Client or Attorney) violates this Agreement, the breaching party will be responsible for all reasonable costs and attorney fees incurred by the non-breaching party as a consequence of the breach.

16. Electronic Signatures and Counterparts

This Agreement can be signed electronically (including fax) in multiple counterparts. Each signed counterpart is considered an original, and all together constitute one complete Agreement.

Signatures

By checking the Terms of Service box and completing your PrePaidDIU.com subscription purchase though the website or through a vendor, Client and Attorney acknowledge that we have read, understood, and agree to be bound by its provisions.