Terms & Conditions

INTRODUCTION

TuckerAllen is committed to providing the highest quality legal services to our clients consistent with our ethical and legal obligations as attorneys.

This statement contains our standard terms of engagement for legal services. In addition to this statement, at the outset of each of our new client relationships, we enter into an engagement letter titled “Engagement for Legal Services” which sets forth specific terms and conditions of each individual representation. The engagement letter and this statement together set out the contractual terms of our professional engagement. Each of our clients is urged to carefully read both of them. Any change of the terms in this statement or the engagement letter may only be made by written agreement.

CONFIDENTIALITY

All matters which our clients discuss with us are personal and confidential and will not be shared with any individuals outside of TuckerAllen without our client’s consent. Married couples may have separate counsel or we may agree to represent them jointly. If a married couple chooses to have us represent them jointly, then any information provided to us by one spouse is not protected by the attorney-client privilege from disclosure by us to the other spouse. We are willing to meet with one spouse individually, but we cannot agree to withhold information from the other spouse. If conflicts arise between spouses such that it is impossible, in our judgment, for us to perform our obligations in accordance with the terms of our engagement and our ethical obligations as attorneys, we will withdraw from all further joint representation.

LEGAL SERVICES

The legal services that we perform on a client’s behalf are described in the client’s engagement letter. The choice of a lawyer is an important decision and should not be based solely on advertisements. Also, it is important to understand that nothing in this statement or in an engagement letter constitutes or is to be construed as a representation, promise or guarantee on our part concerning the outcome of any matter or recommended course of action.

The attorney-client relationship between TuckerAllen and each of our clients is created at the signing of each client-specific engagement letter and terminated upon completion of the services we are engaged to perform.

Each of our clients represents and certifies to us, upon signing their engagement letter, that: (1) he or she is a citizen of the United States; (2) he or she does not have assets held outside of the United States; (3) he or she does not have a premarital agreement or divorce decree applicable to his or her estate disposition; (4) he or she has less than $5 million dollars in net assets; (5) none of his or her named beneficiaries are permanently disabled, have a guardian or receive governmental disability support; and, (6) if married, each spouse is comfortable with his or her spouse being able to change his or her estate plan if he or she predeceases them.

LEGAL FEES AND EXPENSES

We charge an agreed fixed fee for our services which is stated in each client-specific engagement letter. Unless other arrangements are described in the engagement letter, half of the total fee is due as a fee deposit upon signing of the engagement letter for our planning clients and the remaining balance is due upon signing of the client’s estate plan documents. A fee deposit is made for our estate administration clients to cover court costs, legal fees, etc. Pursuant to rule of the Missouri Supreme Court, all fee deposits are placed in a special bank account which bears interest payable to the Missouri Bar Lawyer Trust Account Program. Interest earned on these special trust accounts is used to fund public and charitable programs approved by the Missouri Supreme Court.

TERMINATION

While our client engagements automatically terminate upon the completion of the services we are engaged to perform, clients may terminate our engagement at any time prior thereto. We reserve the right to terminate an engagement if a client fails to pay the agreed fees in a timely manner, or as may otherwise be permitted or required of us by applicable rules of professional responsibility.

COMMUNICATION

Our number one goal is client satisfaction. We are committed to providing the highest quality legal services to each and every one of our clients and we believe that communication is a key element of that commitment. We encourage our clients to communicate openly with us throughout their estate planning process. Unless a client advises us otherwise, we intend to communicate via phone (both mobile and landline), e-mail, fax or U.S. mail with all parties to the engagement letter. We strive to return all client phone calls or e-mails within 24 business hours.

SUBMISSIONS TO THIS SITE

Any non-personal communication or material you submit to this website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of TuckerAllen and TuckerAllen may use and reproduce such Submission freely, and for any purpose. Specifically, TuckerAllen is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you send to this website. Any such use is without compensation to the party submitting information. By making a Submission, you are also warranting that you own the material/content submitted, that it is not defamatory and that TuckerAllen’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. TuckerAllen is under no obligation to use the information submitted.