Welcome to Maxiserve Attorneys!
Many prospective clients hiring an attorney for the first time do not understand how legal fees are paid, retained, earned, returned, and refunded. Oftentimes, this confusion leads to unnecessary animosity between attorney and client. This animosity can be avoided if the distinctions are clearly explained at the onset, and the process remains transparent throughout the course of the representation.
Maxiserve Attorneys, is committed to a high level of client service. This includes clearly communicating the costs associated with the representation and the process we use to facilitate payment of fees. Below, please find our explanation for the process and the distinction between the return of unearned legal fees and refunds.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide on this site. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Most of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Privacy and Copyright Protection
maxiserve.co.tz ‘s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Maxiserve Attorneys can use such data in accordance with our privacy policies.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MAXISRVE ATTORNEYS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Maxiserve Attorneys: Retainer Fee
Most clients hire, through a Retainer Fee Agreement. This means that monies are paid to Maxiserve Attorneys, in advance of service. The amount paid in advance is dependent upon the service that is going to be rendered and the circumstances the client is presently facing.
The fees paid in advance are not earned in advance. Rather, they are retained by Maxiserve Attorneys, in a client trust account. While in the client trust account, they remain the client’s money, to be withdrawn upon request.
In a retainer fee agreement, Maxiserve Attorneys, earns fees upon working on a client’s matter. These fees accrue at different rates depending on who is performing the service—an attorney or a paralegal—or for costs that accrue in servicing the client (e.g. filing fees, research fees, mileage, etc.). Every month, Maxiserve Attorneys, will send an invoice of its fees and costs for the client to review and correct, if necessary. If there are no changes, Maxiserve Attorneys, will then debit monies from the client’s trust account to pay the monthly charges.
Final Invoices and Reimbursed Retainer Fees
If the client’s matter is completed and there are outstanding fees and costs, and no monies in the client’s trust account, the client may receive a final invoice from Maxiserve Attorneys, of these final fees and costs. Alternatively, if the client’s matter is completed and all outstanding fees and costs are paid, and monies still remain in the client’s trust account, those monies are considered unearned fees. In the event of case completion, Maxiserve Attorneys, promptly returns all the remaining unearned fees to the client.
Refund Policy
Refunds are separate from the normal, above process of paying, retaining, earning, and returning legal fees. Rather, refunds are typically the result of an after-the-fact fee dispute, accounting error, or a statement from the client conveying displeasure with the quality of legal services provided.
Maxiserve Attorneys, processes all written requests for refunds. Our firm will review the entire contents of the client’s physical, electronic, and billing file when processing the request. Within thirty (30) days, our firm will send a written response either denying the request, requesting more information, or granting the request. The decision as to the response remains completely within the discretion of the law firm.
Ultimately, the attorneys and staff at Maxiserve Attorneys, would like to avoid the need of ever having to consider a refund. We are always aiming to be as transparent in our representation as possible. So we encourage our clients to ask their questions or communicate their concerns to our office immediately. We will then try to answer or address immediately. Such a process also permits our firm to continue to grow and improve its services. For example, we may change an internal process or add language to our attorney-client fee agreement to prevent the misunderstanding in the future.
So, please keep the above in mind as you make your decision to hire an attorney.
Limits on Liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. However, THE SERVICE IS PROVIDED “AS IS”.
WE CANNOT PREDICT WHEN ISSUES MIGHT ARISE WITH OUR SERVICES. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCE WILL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE MAXISERVE ATTORNEYS PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE AND/OR PURCHASE OF SERVICE ARE ALL AT YOUR SOLE RISK
Business Uses of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Maxiserve Attorneys and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About These Terms
These terms control the relationship between Maxiserve Attorneys and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).If it turns out that a particular term is not enforceable, this will not affect any other terms.
For more information, please contact us.
Date of Last Revision: 12 November 2021