212 E. LaSalle Ave., Suite 100
South Bend, Indiana 46617
(574) 232-3538
Fax (574) 232-3790
GENERAL PROVISIONS FOR LEGAL SERVICES
Except as modified by your engagement letter or other written agreement, the following provisions govern your attorney-client relationship with THK Law, LLP:
- The scope of work will be limited to the description provided in your engagement letter. If you wish to engage THK for other business or personal legal needs in the future, we will be happy to discuss that and, if appropriate, enter into a suitable agreement for other legal services.
- THK often communicates through e-mail. Although we do not routinely encrypt communications or documents we transmit via the internet, we do have significant security measures within our internal network, and we use reasonable efforts to ensure confidentiality of electronic communications. Still, all electronic communications come with some risk of unauthorized access. If you instruct us not to use e-mail to communicate with you, we will honor your wishes. Otherwise, your agreement to engage THK constitutes consent to THK’s use of electronic communications for the engagement and to the terms and conditions found at www.thklaw.com/disclaimers.
- In providing legal services, THK may sometimes use secure and firm-approved tools for generative artificial intelligence (AI) to assist with drafting, researching, or analysis. When THK uses AI tools, it is solely to support our attorneys’ work. All AI-generated output is carefully reviewed, validated, and finalized by licensed attorneys to ensure accuracy, confidentiality, and compliance with both legal and ethical standards and controlling firm policy. We only use AI tools under secure conditions designed to protect the Client’s confidential information.
- You are advised that uploading, copying, or otherwise submitting any communications with THK, drafts, memoranda, legal research, analyses, or other THK work product (collectively, “Firm Materials”) to any generative artificial intelligence or similar third-party platform (“AI Tools”) may result in disclosure of the Firm Materials to persons or entities outside Client’s and Firm’s control and may be treated as a waiver of the attorney-client privilege, the attorney work-product doctrine, and/or confidentiality protections. AI Tools may store, retain, or use submitted content to improve their services, and THK cannot control or verify the AI Tool’s confidentiality, security, or data-use practices. Accordingly, Client agrees not to submit any Firm Materials to any AI Tools without Firm’s prior written consent, and Client assumes all risk of any loss of confidentiality or privilege arising from Client’s use of AI Tools.
- In addition to our fees, THK is entitled to payment or reimbursement for disbursements and other charges incurred in performing services. We do not charge for internal photocopying, computerized research, or other administrative services, but there may be other required fees to outside providers that must be paid in connection with your engagement of THK. If we advance any expenses, they will be itemized on your invoice.
- Although we may from time to time and for your convenience furnish estimates of fees or charges we anticipate will be incurred on your behalf, these estimates are subject to unforeseen circumstances and are by their nature inexact. We will not be bound by any estimates except as otherwise expressly agreed in writing.
- Fees, disbursements, and other charges will be billed monthly and are payable upon presentation. We expect prompt payment in accordance with our terms, which require payment of fees and expenses within 30 days of the date billed. In the event balances for fees and expenses remain unpaid after 60 days, we reserve the right to charge interest at the prevailing Wall Street Journal prime rate. If nonpayment is a persistent problem, we may insist on an advance deposit to continue providing services.
- Any Client funds THK holds (including advance deposits for legal fees) will be kept in a separate client trust account in the State of Indiana and according to the Indiana Rules of Professional Conduct. If THK holds any funds that are unclaimed or unidentified, it will follow the Indiana Rules of Professional Conduct regarding reasonable efforts to locate and distribute funds to the owner, including the possible remittance of such funds to the Indiana Bar Foundation if the rightful owner cannot be found following lack of activity for the required number of years.
- The Client has the right at any time to terminate our services with written notice, but you must pay for services rendered or charges incurred before the termination. We reserve the right to withdraw from representation with your consent or for good cause. Good cause may include failure to honor the terms of the engagement, failure to timely pay amounts billed, failure to cooperate or follow our advice on a material matter, or any other circumstance that would impair an effective attorney-client relationship or make continued representation unlawful or unethical.
- Materials or documents generated during your engagement are considered the property of THK. If, upon conclusion of the representation, you would like a copy of those file materials that belong to the Client, please let us know. THK generally retains copies of file materials for several years following conclusion of a matter.
- THK cannot and will not give any legal advice that provides guidance or assistance in violating any laws. In most cases this is obvious. But if you have a business involving possessing, using, distributing, and/or selling marijuana or marijuana-based products, your conduct may be illegal under federal law, regardless of any state law that may decriminalize such activity. Even if federal law enforcement may defer to states’ laws and choose not to enforce conflicting federal laws, complying with state law does not guarantee compliance with federal law. At times, other business activity for which clients seek our advice may also involve conflicting laws. There is always a risk that the most restrictive laws will be enforced.