This Service Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of consulting services provided by Law Office Management Assistance Program (“LOMAP”), and is an agreement between LOMAP (also identified as “we,” “us,” or “our”) and you or the entity you represent (“you”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
You are an attorney or judge licensed in the Commonwealth of Massachusetts, you are a law student intending to practice in Massachusetts, or you fit into a category which the Supreme Judicial Court of Massachusetts would intend to receive LOMAP services (to be determined by LOMAP at its sole discretion).
The Law Office Management Assistance Program (“LOMAP”) is a program of the non-profit corporation, Lawyers Concerned for Lawyers, Inc. LOMAP is funded by a portion your annual bar registration fee. Its purpose is to help attorneys, law students, and staff members improve their law office management skills in any of the key skill areas: 1) organizational management; 2) financial management; 3) marketing; and 4) effective use of technology. Although LOMAP employs attorneys, LOMAP is not providing legal advice and its services are limited to consulting about law office management issues.
You represent that you have voluntarily sought the services of LOMAP, and understand that if a third-party has mandated that you work with LOMAP that you may need to enter into a separate agreement, subject to the discretion of LOMAP.
LOMAP services are provided to you in consideration of a portion of registration fees paid by the attorneys of the Commonwealth. For most services, there is no additional fee charged. However, an administrative or cost recovery fee may be charged for on-site visits and for other costs incurred to provide services to you specifically. If you have questions about fees and costs, or if you cannot afford any fee or cost which LOMAP charges, please discuss this with your law practice advisor.
If you request that your law practice advisor provide an analysis and recommendations then you will receive a report, usually written, which will make recommendations for how to improve your law office management. Such recommendations may include making referrals to third-party resources accountants, software consultants, hardware consultants, network consultants, and marketing consultants. LOMAP is not responsible for any expenses or costs associated with such third-party vendors and you are solely responsible for such costs.
The term of the Agreement is from its commencement of the Effective Date until it is terminated by you or us. You may terminate the services of LOMAP at any time and LOMAP reserves the right to terminate its services to you for any reason and at any time.
LIMITATION OF SERVICES
LOMAP will attempt to provide timely and full services to you, it has limited resources which may require it to limit its provision of services to you. If it cannot provide ongoing services due to limited resources it will notify you so you can seek alternative resources.
Massachusetts Rules of Professional Responsibility, Rule 1.6(c) protects the privacy of communications between LOMAP, as an LCL, Inc. program, and its clients. LOMAP interprets Rule 1.6(c) as allowing LOMAP to work with its clients confidentially and therefore, that it is not required to report any perceived ethical violations to the Massachusetts Board of Bar Overseers. Under certain circumstances LOMAP will consider the release of certain information upon request by the client, but it will not make its personnel voluntarily available to give testimony for or against any attorneys seeking assistance through LOMAP. If we agree to a limited release of information outside of LOMAP the information sought will only be provided if you sign a written (revocable) authorization form. We may use information in your record to contact you (e.g., for follow-up, or to offer further services, unless you have indicated that you want no contact), or for purposes of program evaluation and to improve our services.
There are situations that can require or permit disclosure without your consent or authorization as set forth in Rule 1.6(b)(1)-(3). These situations include: (1) the prevention of a criminal or fraudulent act that is believed to result in death or substantial bodily harm, substantial injury to the financial interest or property of another, or to prevent the wrongful execution or incarceration of another; (2) if a client files a complaint or lawsuit against LOMAP or its staff, we may disclose relevant information regarding that client to defend the lawsuit or complaint, or if disclosures are required to collect overdue fees; (3) to the extent necessary to rectify fraud in which the LOMAP services were used; and (4) as required by law, the rules of professional conduct, or court order.
You further acknowledge that the services of LOMAP are rendered confidentially, but that LOMAP personnel may disclose information if you provide a written waiver of the confidentiality or as otherwise is consistent with the Rules of Professional Conduct, Rule 1.6.
NO LEGAL ADVICE
You acknowledge that the scope of advice or information given by LOMAP personnel is limited to law office management and that you are solely responsible for determining whether your law office practices comply with the Massachusetts Rules of Professional Conduct. You understand that LOMAP is a program supported by the Supreme Judicial Court and operated by the non-profit entity Lawyers Concerned for Lawyers, Inc., that LOMAP personnel are not retained as an attorney and are not rendering legal advice or legal opinions of any kind and specifically regarding the ethics of any of your law office practices or procedures. You understand that any questions you have about the ethics or legality of your office practices should be referred to private legal counsel or to the Board of Bar Overseers. You understand that no advice or information given by LOMAP personnel is binding on any other organization, including the Board of Bar Overseers, and in no event does the use of LOMAP constitute a defense in any disciplinary or other proceeding.
You further acknowledge that you recognize that the suggestions and advice provided by LOMAP personnel are the personal opinions of the advisor and should not be construed to be an official position of the Board of Bar Overseers or the Supreme Judicial Court.
You further acknowledge that you understand that your participation in LOMAP will not serve as a defense against any malpractice claims that may arise against you or your firm.
In keeping with our professional standards, we keep records of our assessments and recommendations. All records maintained by us will be available for your review and use subject to the confidentiality requirements of the Massachusetts Rules of Professional Responsibility, Rule 1.6(c). The information in your record may be used for purposes of follow-up contact, to suggest additional services, for reviews/studies of clinical or administrative data as part of our process of improving services or sharing our experience with other programs. Any such use of information would be presented in aggregate form with no indication of a client’s identity.
ENTIRE AGREEMENT, WARRANTIES, INDEMNIFICATION, JURISDICTION
This written agreement constitutes the full agreement between the parties. No warranties or indemnities are explicitly included or implied. The laws of the Commonwealth of Massachusetts, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute relating to this Agreement will be adjudicated in any state or federal court in Suffolk County, Massachusetts. You consent to exclusive jurisdiction and venue in those courts.