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Engagement Letter — Arbitration (Nevada)

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Frontmatter

kind: letter
title: Engagement Letter — Arbitration (Nevada)
jurisdiction: NV
respondent_type: person
code: engagement_letter__nevada
confidential: false
output: letter
questionnaire:
  BEGIN:
    _: person__client
  person__client:
    _: person__lawyer_dri
  person__lawyer_dri:
    _: custom_datetime__engagement_start_date
  custom_datetime__engagement_start_date:
    _: custom_text__engagement_scope
  custom_text__engagement_scope:
    _: person__adverse_party
  person__adverse_party:
    _: custom_single_choice__arbitration_forum
  custom_single_choice__arbitration_forum:
    _: custom_single_choice__governing_law
  custom_single_choice__governing_law:
    _: END
  END: {}
prompts:
  engagement_start_date: When does this engagement begin?
  engagement_scope: >-
    In a sentence or two, what is the minimum scope of this engagement — the work the Firm is committing to right now?
    Everything else is added later in writing.
  arbitration_forum: Which administrator hears the arbitration, and where is it seated?
  governing_law: >-
    Which state's law governs this engagement? Nevada by default; choose California or Washington only if the client is
    located there.
choices:
  arbitration_forum:
    jams: JAMS, seated in Las Vegas, Nevada
    aaa: The American Arbitration Association, seated in Las Vegas, Nevada
  governing_law:
    nevada: Nevada
    california: California
    washington: Washington
workflow:
  BEGIN:
    _: lawyer_review
  lawyer_review:
    _: END
  END: {}
Body

Engagement Letter — Arbitration (Nevada)

Arrow keys or Space step through the document. Click a paragraph to highlight it.

ENGAGEMENT LETTER

FIXTURE DOCUMENT. This is a sample rendered from a notation template in the Navigator sample project. Cruller v. Prine is a simulated matter, no person named here exists, no lawyer is engaged by anyone on the strength of this page, and nothing in it is legal advice.

Date: {{custom_datetime__engagement_start_date}}

To: {{person__client}}

Re: Engagement to provide legal services — Cruller v. Prine

Dear {{person__client}}:

Thank you for engaging the Firm. This letter sets out the terms on which the Firm will represent you. It is deliberately short. It says what we are doing now, who answers for it on each side, how we bill, where your dispute will be heard, and how you and the Firm would resolve a disagreement between ourselves if one arose.

If these terms are acceptable, please sign below and return a copy.

I

Client and scope

For this engagement the Firm's client is {{person__client}}, a natural person. No member of the client's household is a client of the Firm by virtue of this letter.

The Firm will represent you in the following matter (the "Matter"):

{{custom_text__engagement_scope}}

That is the floor, not the ceiling. Work outside the Matter — a new dispute, a separate proceeding, an appeal — requires a separate written engagement or a written amendment to this one signed by both of us. We would rather add scope in a two-line email exchange than have you assume we are already handling something we are not.

Unless separately agreed in writing, this engagement does not include tax, accounting, insurance-coverage, or public-relations advice, and does not extend to any matter unrelated to the Matter described above.

II

The Matter is heard in arbitration

The claims described above are resolved by binding arbitration rather than by a jury, because the recorded declaration of covenants for the parties' street requires the neighbors to arbitrate a dispute of this kind before either of them may try it. The arbitration is administered by {{custom_single_choice__arbitration_forum}}, before a single arbitrator, and conducted confidentially.

Three consequences are worth stating plainly before you sign, because they are the ones clients are most often surprised by afterwards.

  • No jury, and no public courtroom. One arbitrator decides both what happened and what the law requires of it. The hearing is private and the award is not a public record.
  • Discovery is narrower than in court. The arbitrator sets what exchange of documents and testimony is proportionate. Expect less of it than a court action would allow, which cuts both ways: it lowers the cost and it limits what can be extracted from {{person__adverse_party}}.
  • An award is nearly final. A court may enter judgment on the award, and may set one aside only on the narrow statutory grounds. A mistake about the facts, or about the law, is generally not one of them.

The Firm will advise you before any deadline that would waive a right, and will not agree to consolidate, bifurcate, or submit any claim on the papers without telling you first.

III

Fees and costs

Fees for this engagement are set in a separate writing you and the Firm sign — a flat monthly fee, an hourly rate, a contingency, or a combination — and that writing controls the fee. The Firm will not begin work before that writing is signed, so you always know the basis on which you are being charged before anything is billed. Where the fee is contingent on a recovery, the rate is not set by law and is negotiable, and it is written out in its own signed fee agreement.

Fees do not include the administrator's filing fees, the arbitrator's compensation, expert fees, court reporter and transcript costs, or other third-party costs. Those are passed through at cost. The arbitrator's compensation in a matter of this size is the largest of them, and the Firm will give you an estimate before the arbitration is commenced rather than after.

Every invoice carries its own payment instructions. Read them there rather than reusing instructions from an earlier invoice, and verify by telephone — at a number you already know to be genuine — any emailed change to them, including a message that appears to come from the Firm.

IV

Who answers for the Matter on each side

Every matter the Firm opens names one person on each side who answers for it — one lawyer here, one person on the client's side. We call each of them the directly responsible individual, or DRI. Other people work on the matter; these two answer for it, so you always know whom to ask where things stand. Neither name changes except in writing.

  • The Firm's directly responsible individual is {{person__lawyer_dri}}, who is principally responsible for this engagement — for the work, for the schedule, and for telling you candidly where the Matter stands.
  • The client's directly responsible individual is {{person__client}}, the person the Firm takes instructions from and sends advice to.
V

Conflicts

The Firm treats a conflict for any one of its lawyers as a conflict for the whole firm. Before taking on a new matter we check it against our current and former matters; if that check turns up a conflict we cannot properly take on, we tell you promptly, decline rather than wall it off internally, and return any materials you shared with us.

You do not waive, and the Firm does not request, advance consent for the Firm to appear adverse to you in any litigation, arbitration, or other contested proceeding.

VI

What we each do

You agree to provide accurate and complete information, to respond to reasonable requests, and to make the decisions the representation needs — which in an arbitration includes the choice of arbitrator and any decision to settle. Those two are yours, not the Firm's. The Firm's advice depends on the information available to it when the advice is given.

The Firm has made no promise, assurance, or guarantee about the outcome of the arbitration, of any negotiation, or of any settlement.

VII

A disagreement between you and the Firm

This letter is governed by the law of {{custom_single_choice__governing_law}}. If a dispute arises out of or relates to this engagement or this letter, you and the Firm agree to resolve it by final and binding arbitration before a single arbitrator administered by JAMS under its Comprehensive Arbitration Rules and Procedures, conducted confidentially and decided under the law of {{custom_single_choice__governing_law}}. The arbitrator applies the same law and may award the same remedies a court could; this paragraph selects the forum for a dispute and does not limit, cap, or waive the Firm's responsibility for its own work.

Your fee-arbitration rights are preserved. Nothing above waives or overrides any non-waivable statutory right you have to arbitration of a fee dispute, including the fee-dispute program of the State Bar of Nevada.

Because this is an agreement about how future disputes are handled, you have the right to consult independent counsel of your own choosing before you agree to it.

VIII

Ending the engagement

You may end this engagement at any time by telling us. The Firm may withdraw as the applicable professional rules permit or require — including for nonpayment, a conflict, or a failure to cooperate — and subject to the rules governing withdrawal from a pending proceeding. Fees and authorized expenses incurred before that point remain due.

IX

Signatures

Agreed and accepted:

{{person__client}}

By: ______________________________ Date: ____________

Neon Law, by {{person__lawyer_dri}}

By: ______________________________ Date: ____________

Questionnaire

Try answering this

Sample matter: Acme LLC — nothing you type below is saved anywhere.

  1. 1This step records the client.
  2. 2This step records the lawyer dri.
  3. 3When does this engagement begin?
  4. 4In a sentence or two, what is the minimum scope of this engagement — the work the Firm is committing to right now? Everything else is added later in writing.
  5. 5This step records the adverse party.
  6. 6Which administrator hears the arbitration, and where is it seated?
  7. 7Which state's law governs this engagement? Nevada by default; choose California or Washington only if the client is located there.

Step 1 of 7

This step records the client.

Workflow

Sample runs — illustrative only. This notation's real activity is never shown on a public page.

Sample run 1Completed
lawyer_review

Received event `_` from `BEGIN`.

Event `_` — transitioned to `END`.

Sample run 3In progress
lawyer_review

Received event `_` from `BEGIN`.

Awaiting its next event.

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