panama law firm

Terms

This website and the domain "www.fergusonlawyer.com" are owned and managed by Ferguson & Ferguson, a civil society of lawyers licensed to practice law in the Republic of Panama, hereinafter "the Firm".

Any reference here to "this Agreement" or "the Agreement" means the Retention Agreement signed by and between the Client and the Firm, which can be done by physical document or electronically.

All the Terms and Conditions detailed below are expressly incorporated into and form part of the Agreement.

1. NO WARRANTIES

The Client acknowledges that the Firm has not guaranteed and cannot guarantee any results for any matter in which the Firm represents the Client. Although no guarantee of results has been made, Ferguson & Ferguson will diligently represent the interests of the Client and will endeavor to perform only those services required by the facts of the case and the law as determined by the Firm.

2. FEES AND COST DEPOSIT

Unless the Client and the Firm agree otherwise in the retention agreement, the Clients agree and acknowledge that Ferguson & Asociados charges at the rate of $ 150.00 per hour.

Such costs include, but are not limited to, government and notary fees, service of process, courier services, translation, travel expenses if necessary, witness fees, mediator fees, accounting fees, appraisal fees and other expert fees, etc.

3. PAYMENT OF FEES AND COSTS BY THIRD PARTIES

The Firm will only have an attorney-client relationship with the Client, regardless of whether any third party (such as a guarantor) pays the Client's fees and costs. The Client acknowledges, accepts and understands that said third party will not be a beneficiary of the Client's representation by the Firm, and is not considered a client of the Firm. Consequently, the Client must not copy (or forward) to said third parties, any communication between the Client and the Firm (including any invoice). While the Client has the right to waive the attorney-client privilege, the Firm does not recommend any waiver by the Client. Additionally, the Client understands and accepts that no third party will have the right to request or receive updated information on the case or to know the Firm's strategy on behalf of the Client, nor will they have the right to object to the amounts invoiced, and that right corresponds exclusively to the Client. Nothing in this Agreement should be construed as creating an attorney-client relationship between the Firm and any third party, nor should it be construed as the intention that any third party be a third party beneficiary.

4. OWNERSHIP OF THE FIRM

The Client understands and acknowledges that any documentation (and drafts of any documentation) created by the Firm is the exclusive property of the Firm, and the Firm grants the Client a limited and revocable license to use the document with the sole purpose of the matter stated above. The Client may not use, distribute, disseminate or copy the documentation or drafts of the Firm without express authorization in writing and signed by the managing attorney of the Firm.

5. SECURITY INTEREST

The Firm has a security interest and a secured claim on all advances and monies paid to the Firm by the Client (or a Guarantor for the Client). This security interest and guaranteed claim is perfected automatically. In addition, the Client and any Guarantor agree to execute and present any document that the Firm requests to perfect or continue the perfection of said security interest and guaranteed claim

  • In the event that the Client declares bankruptcy, the Client acknowledges and accepts that the Firm has a secured and preferred claim for any advance and monies paid to the Firm for the Firm's services to the Client, as well as for any attorney's fees and unpaid costs.

  • In the case of multiple clients, the Client also acknowledges and accepts that each and every one of the payments (including those made by a Guarantor) that are made by the Client's representation by the Firm, represent a benefit received by each one. Customers, regardless of who made the payment.

  • The Client acknowledges, agrees, represents and guarantees that:

    • all payments made to the Firm are made in the ordinary course of business and are made in accordance with the ordinary terms of business, and therefore, are not subject to any type of return or evasion and that

    • the Client received the payment or the payment obligation, for the value and in good faith, and in exchange for the value that the Firm gave to the Client.

  • In the event that a bankruptcy trustee attempts to return, void, or undo any money transfer received by the Client's Firm (including the initiation of any adverse proceedings against the Firm), the Client agrees to fully indemnify and defend the Firm, at your own cost. The Client will also cooperate to assist in the defense of the Firm, at its own cost.

  • To the extent permitted by Law, the Client acknowledges and agrees that fees and costs paid or owed to the Firm for services rendered by the Firm to the Client, both before and after bankruptcy, are not subject to any bankruptcy exemption. , and survive any bankruptcy exemption. The obligations in the Agreement also survive any bankruptcy discharge.

6. NON-PAYMENT BY THE CLIENT

If the Firm is in a position where a client has not complied with the terms of their Retention Contract or other agreement due to non-payment, the Firm will inform the Client that all the Non-essential work on your matter has been suspended (matters that could harm your case will continue to be handled as long as we are attorneys of record).

At that time, staff members will stop performing all nonessential work on that file until the non-payment issue is resolved. Please stay current on payments so that we can remain focused on resolving your legal issues without interruption.

7. CLIENT'S OBLIGATIONS WITH THE OFFICE

In addition to the timely payment of fees and costs, the Client's obligations will include the following:

  1. Ensuring that the Firm has the Client's current and operational contact information;

  2. Cooperate in a timely manner with any request for documents by the Firm related to representation;

  3. Respond reasonably and in a timely manner to communications from the Firm and requests for conferences from the Firm;

  4. Use the client portal implemented on the Firm's website;

  5. Coordinate meetings with the Firm's attorneys and staff in advance to ensure their availability; and

  6. Comply with the terms and conditions of this Agreement, as well as with the policies established by the Firm.

8. EXECUTION OF THE RETENTION AGREEMENT

  1. Collection: In the event that it is necessary to enforce this Contract for costs and / or unpaid fees, the Client shall pay the reasonable fees of the Firm's attorneys for each and every one of the costs associated with it. In the event of non-payment or dispute regarding the fees and costs owed to the Firm, the Client acknowledges and agrees that the Firm shall be entitled to the following, to the extent permitted by Law:

    1. a lien on all materials in the file, as well as funds or assets of the Client that are in the possession of the Firm, and that can be enforced regardless of whether or not a claim has been filed; and

    2. a lien on all funds that may come into possession of the Client, whether through an agreement, sale of movable or immovable property, inheritance or any other method.

  2. Litigation: In the event that the parties are involved in litigation arising out of or related to any of the terms of this agreement, including but not limited to disputes over unpaid fees and / or costs, the prevailing party will have right to reasonable attorneys' fees and costs to litigate both the right and the amount at all stages of the litigation, including collections and appeals.

  3. Applicable law and jurisdiction: This Agreement will be governed and interpreted in accordance with the laws of the Republic of Panama, without taking into account the principles of conflict of laws.

9. SEVERABILITY

The Agreement (including these terms and conditions) contains the complete understanding of the parties and cannot be varied or modified unless it is in writing and is signed by the parties affected by the modification. If any of the provisions of this Agreement is judicially declared invalid and / or unenforceable, the remaining provisions will remain fully in force. The obligations of the Agreement survive the execution of the Agreement.

10. BINDING EFFECT

To the extent permitted by Law, the terms of the Agreement, including all benefits derived by either Party under the terms of the Agreement, shall be binding on all Parties and their (as applicable) officials. , directors, subsidiaries, agents, employees, direct relatives, spouses, heirs, successors, assignees, administrators, curators and executors.

11. CLOSING YOUR CASE

At the conclusion of your matter, Ferguson & Ferguson will ask you to share your experience with the Firm and to complete an evaluation.

13. REVIEWS AND UPDATES OF THE TERMS AND CONDITIONS

Regardless of the date the Agreement was signed, the Firm reserves the right to review and update the Terms and Conditions at its discretion. The Client declares that neither the Client, nor the directors, officers, partners and / or members of the Client (i) are identified in any governmental list of prohibited or restricted parties, including, the List of Specially Designated Nationals and Blocked Persons maintained by the United States, Canada, United Kingdom, Panama, United Nations; or (ii) are owned or controlled by or act on behalf of a party on any such list.


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Panama City, El Dorado, Dorado City Center, 3 Floor Suite 303. 

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