Online Consultations
Explanation and Engagement Letter
This Explanation Covers:
The Online Consultation Process and Fees
Duration and Scope of Consultation (one hour)
Sending Supporting Documents
Phone Call Policy
Limitations on the Consultation
Complex Cases Excluded
Real Estate Contract Cases
Miscellaneous Terms
ONLINE CONSULTATION PROCESS
Established Process. All new clients and new cases are accepted exclusively by means of an online initial consultation (up to one hour) including an optional phone call as the hour permits. Our goal is to provide first-class legal advice within a compact and affordable online format. We have worked with over a thousand online clients (in addition to decades of office practice) and have an established process we ask that all online inquirers follow. The feedback we receive is quite positive. The discounted introductory consult offer is not available in-office.
Four Initial Steps by the Client. After submitting the client inquiry form on the Contact page:
(1) Be sure that we are available to consult on the legal matter you wish to discuss (we may have already indicated this in our response). Please do not assume this. We do not handle every type of real estate matter.
(2) Read, sign, and return this engagement letter by email or fax to (832) 201-5321.
(3) Make advance payment on the website at lonestarlandlaw.com/payment (let us know if you require an itemized statement before proceeding with payment).
(4) After payment is made, supply a concise summary of your case by email, copies of relevant documents, and a list of any specific questions you may have.
Phases of the Consultation
(1) Gathering basic facts and documents by email;
(2) Building our understanding of the case (the big picture);
(3) Q&A exchange, usually be email, with an optional phone call if time remains in the hour.
Initial Email Exchange. We always begin with an email discussion so our attorney can gather basic facts and copies of relevant documents. Our goal is quickly gain a basic understanding of the case (and related documents) BEFORE responding to questions, so an initial email exchange is an essential first step in our process. Afterwards, our attorney then does his best to answer questions and suggest a course of action.
Response Time. No scheduling or fixed appointment time is required to begin the process. We respond promptly although this can vary somewhat due to our backlog and the complexity of your inquiry. We try to be flexible and ask that you be flexible as well. We do not work nights, weekends, or holidays.
Other Services NOT Included. A consultation is a single stand-alone value-added legal service rendered for a flat fee. It does not include other services. In a flat fee system, all items and services are separately priced. Nothing else is “included.” This is not a factor if billing is instead based on our hourly rate.
Conditions on the Consultation. Some inquirers want to place conditions on the consultation, i.e., they will only proceed if we agree in advance to do this or that. Other than confirming that the subject is within our area of practice, we do NOT agree to any such conditions. Our terms of service are as stated in this engagement letter. If you require that a consultation be conditional, we would ask that you please consult another firm.
Client Pushback on Process. We do not permit exceptions or variations to our established consultation process. We have good reasons for the way we handle online consults. We would ask inquirers who are not comfortable with our process to please seek counsel from another law firm. Ask for our referral list.
DURATION AND SCOPE OF CONSULTATION
Duration of Consultation. The consultation (document analysis, email exchange and optional call) may last up to one hour in the aggregate and must be completed within 3 business days. It then concludes automatically unless we agree to continue the consult at our regular $450 hourly rate. The introductory consultation is designed to be an approximate substitute for a one-hour consultation that one would receive in a lawyer’s office. Note that the time it takes for the attorney to read background documents is included in the hour.
Scope of Work. The quantity and scope of the client’s inquiry must be such that it can reasonably and realistically be addressed within a one-hour time frame. One way or another, lawyers work by time. This includes time for the attorney to: (1) read and analyze your documentation (this is part of the hour); (2) answer your questions; and (3) give legal advice as to your best course of action.
PHONE CALLS
A Phone Call is Optional after Email Exchange. An optional phone call is available (if needed) following the email exchange and so long as time remains within the hour. We are glad to talk to our clients; however, we do not jump straight to a phone call without first gathering basic facts and documents by means of an email discussion.
Free Initial Phone Calls. Some inquirers seek a free initial phone call with our attorney before beginning the process. We do NOT offer these. Such calls inevitably involve attorney time and legal Q&A, so they end up being de facto consultations. Our firm does offer any free attorney time, whether online, in the office, or by phone.
SENDING SUPPORTING INFORMATION
Background Information. We need a concise summary from the client. What is your case about, briefly? Who is involved? Where do events occur? In Texas? Which city or county? When? What is the timeline? Why are you seeking legal assistance? If you are a real estate investor or business person, what is your business model? What type of transactions do you do? What is your entity structure? Your plans for the future?
Supporting Documents. Email attachments should be in pdf, Word, WordPerfect, Excel, or other common software. Do not send documents in the physical mail. Please avoid jpeg or i-phone photos of documents and do not apply any form of encryption. The time it takes for us to read and analyze your supporting documents is included in the time allotted to your consultation.
CONSULTATION FEES
Availability of Intro Consult Fee. The introductory consult fee is available to new clients only, for the first hour only, and is limited to individuals only (not corporations or LLCs). The intro consult fee is not available to existing or returning clients.
Initial Consultation Fees. New clients only. Fees are $250 for matters up to $1M; $350 for matters from $1M to $1.5M; and $450 (our hourly rate) for matters involving more than $1.5M. The initial consultation fee is a flat fee for the hour and is not subject to partial-hour accounting or partial-hour refunds.
PAYMENT AND REFUNDS
Payment of Consultation Fees. Advance payment on the website is required. However, please do not make payment until we have confirmed that we are able to accept and advise upon your case. Consult fees are stand-alone value-added services and are not credited toward future legal services. Several payment options are offered at lonestarlandlaw.com/payment. Checks are not accepted.
Refunds. If it is determined very early in the process (before we expend substantial time) that your legal matter is not within our area of practice, we will gladly and promptly provide a full refund by means of: (1) an immediate Paypal refund or (2) a law firm check sent by U.S. Mail. However, there is no refund once the attorney expends time and effort examining a file and discussing it with the client. Reading client documents and answering questions consumes time. Once this occurs, a consultation has occurred. Also, there is no refund if the legal advice is unfavorable to the client or we (at our discretion) decline to handle the case after the consultation is completed.
REVIEW OF REAL ESTATE CONTRACTS
Real Estate Contract Review. A review/comment consultation is available for earnest money contracts and addenda so long as they are unsigned and completed on a TREC or TXR form (custom contracts excluded). Fees are $250 for a sales price of up to $1M; $350 for contracts from $1M to $1.5M; and $450 (our usual hourly rate) over that. Note that performing the contract review uses up most if not all of the hour, so if extensive questions are anticipated, additional time may need to be booked at the hourly rate.
Real Estate Contracts that are already Signed. In cases of signed contracts, the opportunity to negotiate beneficial changes and special provisions has likely been lost. Accordingly, our comments are (by necessity) limited to explaining what the client has already signed rather than focusing on changes to the contract. We may at our discretion decline to review a contract that is already signed.
Custom Contracts Excluded. Custom real estate contracts (not on TREC or TXR forms) are NOT included in the $250 intro discount offer. Our hourly rate applies. Review and comment on HOA or subdivision restrictions is NOT eligible for a discounted initial consult fee. Typically, homegrown or Internet-sourced real estate contracts do not meet our professional standards and need to be replaced, not “reviewed.” They cannot be brought up to par by means of a review. Fees for a new contract will apply.
A Lawyer Does NOT Replace a Realtor. Although this law firm offers real estate contract and document-related legal services, it is important to understand that we do not substitute for a real estate agent or broker and all the various services and ongoing support that these persons typically provide. Requesting a contract review from a lawyer does NOT substitute for the services of a realtor.
Legal Services Only. A real estate lawyer advises only on legal factors arising from contract and closing documents that the lawyer is specifically asked to review or prepare. In a contract review, real estate lawyers do not advise on price or market factors, nor do lawyers assist with a buyer’s financing, arrange for inspections, obtain repair estimates, appraisals, etc. In other words, hiring a real estate lawyer is NOT an alternative method of getting the full range of agent/broker services without paying a commission.
Attorney Capacity Only. Although our attorney has a broker’s license, you are NOT engaging him as a real estate broker. Engaging a broker requires an express written agreement. TREC rules require us to direct you to TREC’s Information about Brokerage Services at https://lonestarlandlaw.com/wp-content/uploads/2020/04/IABS-1-0.pdf.
Use a Title Company for Escrow, Title Work, and Closings. This law office is not a title company. We offer legal counsel, document preparation, and representation services only, not title research or closings. We never hold or escrow client funds.
COMPLEX AND DOCUMENT–HEAVY CASES
Complex Cases. The discounted introductory consultation format is NOT available for matters that are very complex or document-heavy. These types of cases are simply unsuitable for an introductory one-hour consult. They cannot reasonably be handled in that format. For one thing, it takes longer than the hour just to read and analyze the client’s documents. Accordingly, all legal services for complex cases incur our $450 hourly rate from the outset.
Client Options in Complex Cases. In complex cases, we may respectfully decline to proceed with an introductory consult and instead: (1) ask the client to please narrow the scope of the inquiry so the consultation can reasonably fit within an hour; (2) offer to proceed at our $450 hourly rate (Note that in the case of hourly billing periodic advance retainer installments will be required since we do not send bills after the fact – retainers may not reach zero unless the case is concluding); or (3) or issue a full refund so long as the legal advisory process has not yet begun.
LIMITATIONS ON THE CONSULTATION
Reasonable Client Expectations. Not every legal problem can be analyzed and solved in a one-hour introductory consultation. It is important for the client to be realistic and reasonable about the quantity and scope of material that will be discussed. This is especially true in more complicated matters.
Three-Day Limit. An online consultation is intended to substitute for the same time one would spend with an attorney if one went to his law office for an hour. The consultation may last up to the prescribed time limit (1 hour) over a period not to exceed 3 consecutive business days, when it automatically concludes without notice. It is NOT a three-day consultation. It is a one-hour consult that may be spread out over three days. We will of course extend the three-day limit if our responses are delayed on our end for some reason (by an unusually heavy workload, for example). This can occasionally happen. We make every attempt to be reasonably flexible.
No Review of DIY, Internet, or Seminar Documents. As to real estate contracts, we offer review/comment on TREC and TXR real estate contracts and addenda so long as they are unsigned and complete. As to other legal documents, review/comment services are available so long as the document was prepared by an attorney or real estate broker. We do not review homegrown or Internet junk documents or forms from investor seminars. These are almost always defective, not Texas compliant, and cannot be fixed by a “review.” They must be replaced. We choose not to work with these types of forms at all, since we produce our own custom, professional-grade documents on a per-transaction basis.
No Texting Please. We do not offer consultations or any other legal services by text. While texting may be suitable for casual communications, texting of sentence fragments and one-liners is not suitable for a nuanced legal case. Please use a keyboard device and take your time.
No Group Consults Please. We do not offer group consultations with multiple persons at different email addresses. Group discussions may work in a law office conference room but they quickly become chaotic when attempted by email. We work with ONE client (or married couple) at ONE email address.
No Guarantees. We cannot guarantee that a consultation will offer a remedy for your legal issue, nor can we guarantee that our guidance will be what you want to hear. Occasionally, we have to deliver difficult legal advice. We sometimes have to tell clients that there is no easy remedy. Also, consultations are offered with the understanding that our firm is not obligated to accept or handle the case going forward.
MISCELLANOUS ITEMS
Client ID. The requirement of government-issued photo ID is now universal at law firms, medical offices, and other professional firms everywhere. Fraud is rampant. We may ask for ID at our discretion. We do not work with anyone who declines to provide ID.
Business Hours Apply. Traditional business hours apply (Monday through Friday, 8-5 CST) subject to our posted vacation schedule. After-hours and weekend emails are considered received on the next business day. We do not work nights, weekends, or holidays and you should not expect responses during these times.
Client Support after Consultation. We are occasionally asked if we offer ongoing support to clients after a consultation. This concept may be compared to tech support. Yes, of course we are available to supply ongoing client support, but it is not free. Ongoing support is not included in a one-time consultation. Note that this is not a concern if our fee arrangement is based on hourly billing or a posted advance retainer.
Courtesy Required. Doing business online can be brutal in terms of how one is treated by the public, so much so that we regularly consider eliminating online clients entirely. Inquirers who are rude to staff, overly entitled, insulting, demanding, disrespectful, or belligerent will be terminated. You are engaging with a law office. Please be courteous and professional.
Our General Terms of Service Apply. Please read our firm’s complete terms of service at our Fees & Policies page. These apply without exception to all inquirers and clients. By proceeding with a consultation you indicate unconditional agreement with our process.
Thank you for reviewing this material. Let us know if you have any questions. This document is the equivalent of an engagement letter for your consultation. Your agreement and signature are required below.
We look forward to consulting on your legal issues.
I/We understand and agree to the foregoing terms.
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SIGNATURE DATE
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SIGNATURE DATE