We built LawKick to be a platform where individuals in need of legal help can easily connect with qualified attorneys. Our mission is to make the process of finding and hiring a lawyer as smooth and painless as possible. But, along with that objective comes some expectations about how our platform can and cannot be used.
As long as you agree to the terms, we would love to have you as a valued user of LawKick! If you have any questions about any part of this contract, please contact us. We will be glad to help explain the meaning of these terms and why they are important. We are also open to suggestions if you have ideas of how our system or these terms can be improved.
Definitions Used in This Agreement
The LawKick service is referred to as the “Service,” the “Platform,” the “System,” or simply “LawKick.” You are referred to generally as a “User,” or collectively as “Users.” Users seeking legal counsel are referred to as “Client,” collectively “Clients,” and attorneys providing legal counsel are referred to as “Attorney” or “Lawyer,” collectively “Attorneys” or “Lawyers.”
“Authorized Communications” or “Communications” are any means of interacting with other users through the Platform, including but not limited to the following: sending messages either on site or via email so long as the content of the email message is posted to LawKick; sending or requesting Price Quotes; creating projects; requesting or scheduling phone consultations; or calling an Attorney’s direct phone line provided by LawKick.
A “Price Quote,” collectively “Price Quotes,” is defined as an offer made by a Lawyer on the Platform to assist a Client with a particular legal service. A Price Quote includes the billing method, estimated cost of the service, any required deposits or retainer payments, the introductory message, and any other communications of any kind sent from a Lawyer to a Client in response to a request from the Client.
A “Qualified Lead,” collectively “Qualified Leads,” is defined as a Client that has responded directly to a Price Quote by one or more means of Authorized Communications.
II. THE LAWKICK AND USER RELATIONSHIP: LAWKICK IS SOLELY A MARKETPLACE
LawKick is an Internet marketplace that facilitates the connection and communication between our Users. The Service may also include payment processing for services delivered, in the event that both the Lawyer and Client agree to establish a paid relationship. However, LawKick makes no warranties or representations regarding the actual processing of payment as we have a 3rd party payment-processing affiliate with independent terms to which all Users must adhere. LawKick itself does not provide legal advice. LawKick is not an Attorney referral service and does not endorse any particular Attorney. LawKick is a neutral, third party Platform that takes no interest in the actual rendering of legal services.
LawKick makes no guarantees that Users will successfully find a Lawyer through our Service. LawKick takes no interest in, and offers no opinion on, when or if an attorney-client relationship is formed. Formation of an attorney-client relationship is a matter to be handled entirely by the Lawyer and Client on their own terms and in accordance with local law. We do encourage both the Lawyer and Client to use our platform freely for any communications throughout this process.
LawKick does not involve itself in the agreements between Lawyers and Clients, nor the work generated by any LawKick Users. Although we take steps to ensure we deliver a quality Service, we cannot ensure the quality of any work delivered by Users on LawKick, or the integrity of any party in an agreement. The User, and not LawKick, is solely responsible for making an assessment about the integrity and trustworthiness of any persons with whom the User communicates, hires, or pays while using the Service.
No attorney-client relationship formed
Any use of the LawKick Service is solely intended for the purpose of facilitating interactions between a prospective Client and Lawyer. While Attorneys and Clients may choose to establish an attorney-client relationship following engagement through one or more means of Authorized Communications on the Platform, the mere use of the Platform alone is not intended to, nor will it create an attorney-client relationship between any two Users, or between any entity or User and LawKick itself.
LawKick does not vouch for or endorse any of its Users
LawKick makes no endorsement of any kind regarding its Users. LawKick is solely a platform to allow for Communications between Attorneys and prospective Clients. LawKick makes no representation concerning an Attorney’s abilities or qualifications, with the exception that LawKick took reasonable steps to verify the following: 1) that the Attorney was licensed to practice law in at least one state at the time of registration; 2) that the Attorney had no public records of malpractice, ethical violations, or other misconduct reported on his/her record with the corresponding State Bar Association. LawKick disclaims all liability in the event that an Attorney listed on the Platform does not maintain the requisite standards for admission, falsely represents their information, or commits any act of malpractice or misconduct. LawKick does not monitor the accuracy of statements or other information that Users submit on the System. LawKick reserves the right to screen and/or remove Client projects for quality assurance purposes.
LawKick does not provide legal advice
LawKick is not a law firm, lawyer, or other provider of legal services. LawKick does not offer legal advice, recommendations, mediation, or legal counseling under any circumstance. LawKick is not a party or participant in any provision, rendering, receipt or solicitation of any legal advice, opinion, counsel, information, or guidance. LawKick discourages Users from accepting as true any information received from any source found on this Service, unless it is through Communications with an Attorney that the User connected with on the Platform.
LawKick is not a Lawyer Referral Service
LawKick is not a lawyer referral service and does not provide such services. LawKick provides on its platform a directory of participating Attorneys, which is provided solely for the purposes of information, advertising, and communication. LawKick provides tools to assist Clients in identifying relevant participating Attorney(s) who may help them with their legal needs, but Clients acknowledge that LawKick does not recommend, endorse, or qualify any particular Attorney. LawKick takes no interest in the process of hiring an Attorney whatsoever. Hiring an Attorney is done solely at the Client’s own discretion.
Price Quotes are not solicitations
LawKick allows Clients to solicit Price Quotes from Attorneys related to specific types of legal services. Lawyer Price Quotes are not to be considered unauthorized solicitations because they are only sent in direct response to a prospective Client that has expressly indicated the desire to be contacted by an Attorney upon submitting a request into the System. By submitting a project or request, all Clients thereby authorize one or more Attorneys to contact them directly through the Service by any means of Authorized Communications in regard to their legal matter.
Price Quotes are strictly advertising material and are not binding
Price Quotes are considered advertising material and are solely meant for advertising purposes. The Price Quotes are not binding offers and under no circumstances will a Lawyer be held to the terms or conditions contained within a Price Quote. They are meant solely to be guidelines to give a prospective Client an idea of the total cost and scope of legal services should the Client decide to formalize an attorney-client relationship and hire an Attorney.
LawKick does not split legal fees with Attorneys
LawKick is offered as a free service for Clients in need of legal help. LawKick does not partake in unauthorized fee sharing of any kind with Attorneys. Lawyers may be charged various fees for their ongoing use of the LawKick service, including but not limited to the following: monthly subscription fees, advertising and marketing fees, and transaction and/or payment processing fees.
Engagement letters and other contractual attorney-client relationships are not monitored by LawKick
If Attorneys and Clients choose to formalize the scope of their attorney-client relationship, it is to be done on their own terms, regardless of their use of the LawKick platform. LawKick does not monitor any such documents or contracts exchanged between Lawyers and Clients through the Platform or otherwise. LawKick is solely meant to allow for and facilitate communications between Users, and is thus akin to an email service for purposes of sending documents and communicating. LawKick does not define what the scope or nature of the attorney-client relationship will be and takes no interest in it whatsoever.
Disclaimer of representations by Users
LawKick makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation provided by any of the Attorneys, law firms, or legal service providers listed on the Platform.
LawKick Attorneys are responsible for performing their own conflicts check
All Attorneys on the LawKick platform should perform conflicts checks in accordance with the appropriate state bar ethical rules before interacting with Clients or viewing information submitted by Clients on the website. Conflicts checks are to be performed independently of the LawKick platform. LawKick seeks to provide enough relevant information for the Attorneys to make an accurate estimate of the cost to provide the required legal services. In the event that an Attorney receives information about a Client that would compromise the provision of legal services due to a conflict of interest, the Attorney, and not LawKick, is responsible for any damages or ethical violations that may result.
III. USER GUIDELINES
In order to make sure the LawKick platform remains valuable and useful for all Users, it is important that Users abide by the rules. LawKick reserves the right to deny further access to its Service to any User who violates these rules, is the subject of complaints by other LawKick Users, or for any other reason or no reason at all.
Guidelines for Attorneys
- Do not attempt to contact a Client outside of the LawKick platform, unless that person has already contacted you on the Platform in response to your Price Quote and therefore has become a Qualified Lead
- Do not include any contact information, including your email address, phone number, website URL, or any other means of directly contacting you whatsoever, in your initial Price Quote message
- Do not encourage a Client to respond to your Price Quote outside the platform, or otherwise attempt to get around paying service fees in any way
- Do not falsify or provide misleading information on the LawKick Platform including, but not limited to, misrepresenting your Price Quotes, qualifications, experience level, education, profile picture, Bar card information, client reviews, or insurance information
- You must accurately estimate, to the best of your ability, the total cost of your legal services when submitting a Price Quote. Submitting a Price Quote of $0 in an attempt to conduct an unpaid consultation is not allowed. However, you may indicate that you are willing to provide a free consultation before taking any payment for legal services.
- When operating on the LawKick Platform you are required to comply with the ethical or professional rules of conduct of the jurisdiction in which you are practicing law at all times and LawKick will not be held accountable for any violations of any ethical or professional rules of conduct.
Guidelines for Clients
- Do not attempt to contact a Lawyer outside of the LawKick platform, unless you have already communicated via Authorized Communications through the System
- Do not submit false or misleading information
- Do not use the LawKick Platform for any reason other than connecting with lawyers for the purpose of seeking legal representation. Any solicitation of commerce to the Lawyers on the Platform is strictly prohibited.
- Do not submit any information that you would like to remain confidential while submitting your initial lawyer request.
Guidelines for all Users
No User may engage in any of the following activities on our system:
- do or say anything to injure or harm others
- display material containing nudity or pornographic material of any kind
- use the messaging system, questionnaires, or any other parts of the service for any reason but for the purpose of seeking legal counsel
- provide material in any form that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
- violate the rights of another, including but not limited to the intellectual property rights of another
- violate Internet standards
- interfere with or disrupting the Service or servers or networks connected to the Service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail
- encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes
- compromise the security of the Service LawKick provides. Do not try to gain access to system areas private to LawKick, or to other Users.
IV. DISCLAIMER OF INFORMATION OBTAINED ON THE SERVICE
LawKick provides Attorneys and potential Clients with an Internet forum that acts as an open marketplace. LawKick is not responsible for the content of materials posted on its platform. The opinions and views expressed are those of the individual Users of the Service and do not reflect those of LawKick. Data submitted by Users (both Attorneys and Clients) is not verified for accuracy in any way before it appears on the LawKick platform. Please use caution and common sense when using our Service.
LawKick may from time to time take steps to verify that Attorneys on the platform remain in good standing. However, LawKick does not continuously or regularly review the standing of any Attorney with any regulatory authority. LawKick takes steps to attempt to verify that all Attorney members were in good standing at the time of registration only. LawKick is unable to track, or continually monitor the standing of each attorney using the Service. Therefore, LawKick makes no representation regarding the current status, standing or ability of any attorney or law firm that is listed on the Service. When considering employing any Attorney or law firm, the Client is solely responsible for checking the Attorney’s current standing with the state bar and reviewing the Attorney’s background and experience level.
Clients are urged to make their own independent investigation and evaluation of any Lawyer or law firm being considered for legal representation. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested legal services.
LawKick is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by an Attorney or law firm. Please be aware that no agency or board may have certified such attorney as a specialist or expert in any indicated field of law practice. In addition, an attorney claiming specialization is not necessarily any more expert or competent than other attorneys. It is up to the Client to question the Attorneys on the factual basis of any statement they make and verify the accuracy of all information.
Users are encouraged to use caution when reviewing Price Quotes and any other information submitted by Attorneys. Although LawKick strongly encourages Attorneys to comply with all regulations governing Attorney conduct, it is impossible for LawKick to monitor members’ integrity or compliance with applicable rules of conduct.
LawKick in no way endorses the content or legality of any responses, statements, or promises made by Attorneys or any other parties, on or off the LawKick platform.
LawKick makes every effort to maintain the confidentiality of any information submitted by Users to our Service and stored on our databases. However, because we cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution when deciding what information to share or disclose when using the Service. Do not make any confessions or admissions. Do not provide any other highly personal, sensitive, or incriminating information. LawKick is not responsible for the release or improper use of such information by other Users or any release of information due to error or failure. LawKick reserves the right to screen and monitor Client questionnaires and messages between Users for quality assurance purposes. However, these communications will never be displayed publicly or intentionally disclosed to anyone outside of the LawKick organization.
By using the service, Clients agree that Attorneys contacted through the Service may report to LawKick on whether their services were engaged by the Client, as well as the total Attorney’s fees paid.
The User agrees that LawKick is not responsible for any harm that the Service may cause directly or indirectly. The User agrees to indemnify, defend, and hold LawKick harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to LawKick, its affiliates, directors, officers and employees. LawKick reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of LawKick.
VII. COMMUNICATIONS AND OTHER DATA
LawKick is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.
VIII. OTHER LAWKICK RIGHTS
LawKick also reserves the following rights:
- to release current or past User information in the event LawKick believes that accounts are in violation of the Terms or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if LawKick deems it necessary and/or appropriate;
- to deny service to offenders of these guidelines or the Agreement;
- to terminate or deny service to anyone in our sole discretion;
- to use User data and information for analytical purposes;
- to disclose User data and information in the aggregate and without any personally identifying information;
IX. MODIFICATIONS TO TERMS OF SERVICE
LawKick reserves the right to modify the Terms of Service for any reason, without notice, at any time, and without liability to any Users. The User may not be notified of the change and will be responsible for promptly reading and complying with the new Terms. Continued use of the Service will indicate acceptance of and agreement with any changes to the Terms.
X. MODIFICATIONS TO SERVICE
LawKick reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that LawKick shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that LawKick may immediately delete data and files in the User’s account and bar any further access to such files or the Service.
XI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE LAWKICK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE LAWKICK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LAWKICK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LAWKICK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE LAWKICK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LAWKICK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LAWKICK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE LAWKICK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LAWKICK PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LAWKICK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Any controversy or claim arising out of or relating to this Agreement or LawKick services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Los Angeles, California, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or LawKick may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Los Angeles, California, necessary to protect the rights or property of the User or LawKick pending the completion of arbitration. This arbitration clause does not prohibit either LawKick or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Los Angeles, California.
Users can reach our Service from all fifty states. Each of these places has a different set of laws. Since LawKick cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and LawKick shall be governed by the laws of the State of California without regard to its conflict of law provisions.
If LawKick fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that LawKick has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect.
XIV. TIME LIMITATION ON CLAIMS
The User agrees that any claim you may have arising out of or related to your relationship with LawKick must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
XV. GOVERNING LAW & VENUE
XVI. ENTIRE AGREEMENT