ALG Lawyers Terms and Conditions for Pro Bono Representation
ALG Lawyers dedicates a portion of its time to public causes. We extend our services to deserving individuals in need of competent legal representation and guidance.
- Pro Bono Representation is available only to persons over the age of 18 for family-based immigration applications for spouses, parents and siblings. You may be asked, at any stage, to provide ALG Lawyers with government identification as proof of age and identity.
- The entrant’s participation in the Pro Bono Representation is deemed the entrant’s agreement that ALG Lawyers may use your name, likeness, photographs and videos for promotional and marketing purposes without the requirement for any payment to you and you hereby grant ALG Lawyers the right to do the same and expressly waive any claims against ALG Lawyers in this regard.
- APPLICATION PROCESS: Each entrant shall send ALG Lawyers one (1) five-minute video submission of explaining their immigration situation—such as financial and familial hardships, educational circumstances, employment, etc. The promotional period begins January 1 and ends December 31 of every year. The entrant may only submit one video submission during the promotional period.
- SELECTION PROCESS: ALG Lawyers will select one entrant, hereafter referred to as the “Beneficiary”—based on the merit of the video submission—every three months to receive an offer for Pro Bono Representation who must agree to these Terms and Conditions. ALG Lawyers shall notify the Beneficiary electronically within ten (10) business days from selection.
- REDEMPTION OF SERVICE: The Beneficiary must submit government identification within five (5) days of notification of selection.
- INTERVIEW: In addition to the video submission, the Beneficiary agrees to undergo two video-recorded interviews during the Pro Bono Representation. The first video-recorded interview will occur upon beginning the process to prepare for the immigration application filing. The second video-recorded interview will occur upon government approval of the immigration application within thirty (30) days of the approval. The Beneficiary hereby grants ALG Lawyers to use video-recorded interviews for promotional and marketing purposes, as described in section, PHOTOGRAPH AND VIDEO RELEASE FORM.
- PHOTOGRAPH AND VIDEO RELEASE FORM: Without expectation of payment, now or in the future, the Beneficiary hereby grants permission to ALG Lawyers to use photographs and videos of the Beneficiary for promotional and marketing purposes. This consent includes, but not limited to: (a) permission to interview, film, photograph, tape or otherwise make a video reproduction of the Beneficiary and/or the Beneficiary’s voice; (b) permission to use the Beneficiary’s name; and (c) permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), video(s) or reproduction(s) of the Beneficiary and/or recording of the Beneficiary’s voice, in part or in whole, in ALG Lawyer’s promotional and marketing through electronic media. This consent is given in perpetuity and does not require prior approval by the Beneficiary.
- IDENTIFICATION OF PARTIES: These Terms and Conditions (hereafter referred to as “Agreement”), with both the Beneficiary and the Attorney each receiving an executed copy, is made between ALG Lawyers Inc, hereafter referred to as “Law Firm,” or “Attorney” and [BENEFICIARY’S NAME #1:] ________________________.
- PRO BONO REPRESENTATION: The Beneficiary agrees to employ Attorney for Pro Bono (free) Representation to perform all necessary and related services in connection with this matter.
- SCOPE OF SERVICES: Beneficiary understands and agrees to the following: Legal services to be provided is Pro Bono Representation for family-based immigration applications for spouses, parents and siblings. Arising issues not normal-and-usual during this process are outside scope of services to be provided. Law Firm shall provide legal services and counsel to Beneficiary only and discussions with third-parties may be conducted at Attorney’s discretion. Law Firm and Beneficiary agree that this Agreement is to be automatically terminated at conclusion of requested services. Services beyond the scope of this Agreement will require a separate agreement between the parties.
- MATERIAL CHANGES: Beneficiary understands and agrees to the following: Material changes occurring or presented to Law Firm after the execution of this Agreement, including but not limited to arrests, immigration violations, death of a party involved, divorce or separation or loss of employment are not included in SCOPE OF SERVICES section above.
- PAYMENT: Attorney will perform services free of charge.
- ANTICIPATED GOVERNMENT FEES: Government and third-party fees are not included in the Pro Bono Representation. Beneficiary agrees to pay 100% of government fees in full to either government or Attorney at time of or prior to filing with government. Beneficiary understands that government fees are subject to change without notice. In no case shall Law Firm be responsible for government fees or third-party costs arising from or relating to this Agreement. The anticipated government fees include: [APPLICATIONS TO BE FILED:] [TOTAL ESTIMATED GOVERNMENT FEES:]
- OPTIONAL INTERVIEW SERVICES: Beneficiary may request a formal interview preparation session with Law Firm, including preparation and review of interview documents for a fee of $500.00. Beneficiary may also request interview preparation and representation package for a fee of $950.00 which includes the aforementioned services and also includes attorney representation at the interview with the immigration officer. These additional costs are on a per interview basis and are subject to availability.
- REQUESTS FOR ADDITIONAL EVIDENCE OR AUDITS NOT INCLUDED: Beneficiary understands and agrees to the following: If a government agency requests additional information or audits Beneficiary’s case after Attorney had previously requested the same from Beneficiary, and Beneficiary did not provide the requested evidence at the time of Attorney’s initial request, a service fee may be charged to prepare a response to any government requests according to our flat or hourly rates.
- APPEALS, COURT FILINGS, LAWSUITS AND MOTIONS NOT INCLUDED: Beneficiary understands and agrees to the following: Unless otherwise included in Scope of Services section above, appeals, court filings, lawsuits and motions are not included in Attorney’s services under this Agreement.
- INDEPENDENT SERVICE PROVIDERS: Beneficiary understands and agrees that Attorney may request assistance from independent agencies, service providers and/or experts (collectively referred to as “Independent Service Providers”) at Attorney’s discretion for the potential benefit of Beneficiary under this Agreement. Attorney shall make a reasonable effort to explain and obtain Beneficiary’s consent prior to retaining Independent Service Providers on behalf of Beneficiary. If Attorney requests services from any Independent Service Providers, Attorney may also request prepayment or reimbursement from Beneficiary for costs related to services provided by Independent Service Providers. Attorney reserves the right to cancel this Agreement without consequence if Beneficiary withholds consent to retain services of Independent Service Providers or fails to pay or reimburse Attorney for costs relating to Independent Service Providers under this Agreement. Beneficiary also understands and agrees that fees due or paid towards services by Independent Service Providers are not part of Attorney’s fees and should not be calculated to be included in Attorney’s fees under this Agreement. Beneficiary agrees that Attorney shall be not be responsible or liable for the negligent acts and omissions of Independent Service Providers. In the event of potentially negligent acts or omissions by an Independent Service Provider, Beneficiary agrees to resolve any disputes directly with the Independent Service Provider in a separate action prior to initiating any meditation, arbitration or litigation with or against Attorney.
- CHANGES IN LAWS OR POLICIES: Beneficiary understands and agrees to the following: Changes in laws or policies may occur after execution of this Agreement. Such changes may affect Beneficiary’s case or Attorney’s services after execution of this Agreement. If such changes occur, Attorney shall make reasonable efforts to accommodate the changes but cannot guarantee desired results under the Agreement. Attorney may change specific advice given to Beneficiary to meet terms and objectives under this Agreement. Beneficiary agrees follow such advice from Attorney in light of changed laws or policies. Beneficiary also understands and agrees that Attorney has the right to cancel this Agreement in part or full if such changes in laws of policies make it unreasonably difficult, costly or impossible to meet the terms of this Agreement and its objectives.
- GOVERNMENT PROCESSING: Beneficiary understands government delays occasionally occur and applications/petitions filed with the government are decided at its discretion. If government delays occur, Attorney will make reasonable efforts to resolve such delays but such delays do not affect obligations of the parties under this Agreement.
- GOVERNMENT ERRORS: Beneficiary understands that government errors and misapplication of law or policy are possible and may affect Beneficiary’s case. If and when such errors may occur, Beneficiary understands and agrees that Attorney is not responsible or liable for such government errors and misapplication of laws or policy. Beneficiary understands and agrees that Attorney shall not be required under this Agreement to repair or provide services to correct such government errors or misapplication of laws or policy unless otherwise agreed in writing. As such, Beneficiary understands and agrees that Beneficiary is not entitled to any compensatory damages from Attorney for government errors or misapplication of law or policy.
- MAIL DELIVERY ERRORS: Beneficiary understands mail delivery errors by couriers may occasionally occur. Beneficiary understands and agrees Attorney shall not be responsible or liable for mail delivery errors and will hold Attorney harmless for mail delivery errors.
- CONSENT FOR CLOUD USAGE AND EMAIL COMMUNICATION: Beneficiary consents to Attorney’s use of email communication and cloud storage services to store information about the Beneficiary and case. Beneficiary understands and agrees that use of email communication and cloud storage services is essential to provide efficient and effective service. Beneficiary understands that data breaches of emails and cloud services are possible and may occur beyond Attorney’s knowledge and reasonable control. In the event of such breach, Beneficiary agrees to hold Attorney harmless for any data breaches that may occur.
- NO TAX ADVICE: Attorney has not been retained to include tax advice. Beneficiary understands and agrees that Beneficiary’s case, Attorney’s services and prepared documents may have specific tax ramifications for Beneficiary. Beneficiary is aware of all tax consequences and shall seek advice from tax advisors regarding tax issues. Under no circumstances shall Attorney be responsible for tax ramifications for any services or documents related to this Agreement.
- ATTESTATIONS OF BENEFICIARY: Beneficiary agrees to provide truthful and accurate advice to Attorney during the course of this service. Beneficiary agrees to hold Attorney harmless and defend Attorney if inaccurate or false information is provided to Attorney.
- BENEFICIARY’S UNDISCLOSED FACTS OR ISSUES: Beneficiary understands and agrees that Attorney must know all relevant facts to assist Beneficiary in his/her case under this Agreement. As such, Beneficiary agrees to disclose all relevant facts to Attorney that may potentially affect Beneficiary’s case or Attorney’s services under this Agreement. Beneficiary agrees to provide in writing, before execution of this Agreement, any and all facts that may potentially affect this Agreement, Attorney’s services under this Agreement and Beneficiary’s case. Beneficiary understands and agrees that failure to disclose such facts may impede upon Attorney’s efforts to provide services and objectives of this Agreement.
- ERRORS AND OMISSIONS BY PRIOR ATTORNEY(S) OR COUNSELOR(S): Beneficiary understands and agrees that Attorney shall not be responsible or liable for the prior acts and omissions of previous attorneys, counselors, or any person who has provided advice or services to Beneficiary prior to, during and after execution of this Agreement if it affects Attorney’s services to Beneficiary. Beneficiary agrees to hold harmless and defend Attorney from such acts or omissions from previous attorneys, counselors or any person who has provided advice or services to Beneficiary prior to, during and after execution of this Agreement.
- RIGHT TO REPAIR: Beneficiary understands and agrees that Attorney shall have the right to repair any errors or omissions that occur during the course of the Beneficiary’s case before mediation, arbitration or litigation is initiated.
- LIMITED DAMAGES: Beneficiary understands and agrees that the amount of damages recoverable from Attorney in any action related to this Agreement is limited to the amount of $0.01 under these Terms and Conditions. In no event shall recoverable damages exceed the amount of Attorney fees paid under these Terms and Conditions.
- DISPUTES: Before Beneficiary contests with a third party, a good-faith attempt must be made to settle all disputes by completing and submitting a Dispute Form to Law Firm. Beneficiary must allow thirty (30) days from submission of Dispute Form for a resolution before Beneficiary brings a dispute before a third party, including payment chargebacks. Beneficiary and Law Firm agree to refrain to place the other party in a negative light on public forums. Beneficiary understands and agrees that confidentiality shall be considered breached if any case information is released to the public by the Beneficiary.
- MEDIATION OF ALL DISPUTES: In the event of a dispute, Beneficiary and Attorney agree to participate in good-faith to settle the dispute by private mediation prior to arbitration, litigation or dispute procedure. Any party may initiate mediation by written mail or email. Mediation shall be held within thirty (30) days of the written request. Beneficiary and Attorney shall bare their own costs for all mediation procedures, if any.
- ARBITRATION OF ALL DISPUTES: For any disputes between Attorney and Beneficiary regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and/or costs charged under this Agreement shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person to hear and determine the dispute. If the parties cannot agree on an arbitrator within fourteen (14) days of a demand for arbitration, the parties shall submit the dispute to the American Arbitration Association. The venue for the arbitration and any post-award proceeding to confirm, correct or vacate the award shall be Los Angeles County, California.
- MANDATORY FEE ARBITRATION: The parties acknowledge that in any dispute over attorney’s fees, costs or both subject to the jurisdiction of the State of California over attorney’s fees, charges, costs or expenses, Beneficiary has the right to elect arbitration pursuant to procedures as set forth in California Business and Professions Code Section 6200-6206 (the Mandatory Fee Arbitration Act). If after receiving a Notice of Beneficiary’s Right to Fee Arbitration, Beneficiary does not elect to proceed under the Mandatory Fee Arbitration Act procedures by failing to file a request for fee arbitration within thirty (30) days, any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in the previous paragraph titled, ARBITRATION OF ALL DISPUTES. Arbitration pursuant to the Mandatory Fee Arbitration Act is a non-binding unless the parties agree in writing, after the dispute has arisen, to be bound by arbitration award. The Mandatory Fee Arbitration Act procedures permit a court trial after non-binding arbitration, or a subsequent binding contractual arbitration, if either party rejects the award within thirty (30) days after the award is mailed to the parties.
- PREVAILING PARTY ATTORNEY FEES: The prevailing party in any action or any proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206, will be awarded reasonable attorney fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
- MODIFICATIONS: This Agreement may be modified at any time if signed by the Attorney only. The Attorney will notify the Beneficiary of any modifications in writing.
- DISCLAIMER OF GUARANTEE: Beneficiary understands and agrees that nothing in this Agreement and nothing in Attorney’s statements shall be construed as a promise or guarantee about the outcome of Attorney’s services. Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of this matter are expressions of opinion only, are neither promises nor guarantees, and shall not be construed as promises or guarantees. Any deposits made by Beneficiary or estimate of costs or expenses given by Attorney shall not be a limitation on costs and expenses or a guarantee that costs or expenses will not exceed the amount of the deposit or estimate. Actual costs or estimates may vary significantly from estimates given.
- BENEFICIARY REVIEW OF THIS AGREEMENT: Beneficiary has a right to have this Agreement reviewed by another law firm prior to signing it. Beneficiary understands that Attorney is not retained until the signed Agreement is returned to the Law Firm, including the corresponding retainer fee. If Beneficiary has questions or concerns about the terms of this engagement agreement, please contact Law Firm immediately.
- TERMINATION OF REPRESENTATION: The Attorney reserves the right to withdraw representation or cancel Pro Bono representation for any reason with written notice.
- CONCLUSION OF SERVICES AND FILE RETENTION AND DESTRUCTION: When Attorney’s services conclude, whether by completing the services covered by this Agreement, or by discharge or withdrawal, all unpaid charges for costs and expenses shall be due and payable immediately. Beneficiary may have access to Beneficiary’s case file at Attorney’s office at any reasonable time. At the end of the engagement, Beneficiary may request the return of Beneficiary’s case file. If Beneficiary has not requested the return of Beneficiary’s file, and to the extent Attorney has not otherwise delivered it or disposed of it consistent with Beneficiary’s directions, Attorney shall retain the case file for a period of ninety (90) days, after which Attorney is authorized by this Agreement to have the case file destroyed.
- CONFIDENTIALITY: All personal details, case details, names of parties, etc. are confidential within standard terms of Attorney-Beneficiary Relationship. Beneficiary understands and agrees that if Beneficiary discloses information to a third-party, confidentiality is breached and Beneficiary consents to disclosure of previously confidential information to third parties.
- SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of this Agreement is held in whole or in part to be invalid or unenforceable for any reason, the remainder of the provision and of the entire Agreement shall remain severable and intact.
- BOTH BENEFICIARY AND ATTORNEY AGREE TO ALL TERMS: The Beneficiary and Attorney have indicated their agreement to all of the above terms by signing this Agreement on the respective dates.
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