Website Terms of Use

Thanks for visiting my website. As noted elsewhere on the site, I am a Member/Partner with the law firm of Naman, Howell, Smith & Lee, PLLC, but the content on this site does not represent the firm or reflect the views of the firm. If, however, you engage me to work on your legal matters, I will be providing legal services in my capacity as a Member/Partner in Naman, Howell, Smith & Lee, PLLC.

While I am an attorney licensed by the State Bar of Texas (view my State Bar profile here), nothing on this website should be construed as legal advice to you. This is because my advice would always be contingent on your specific circumstances and needs, and I have no way of knowing anything about you until we meet and discuss your legal matter(s).

Moreover, we have not formed attorney-client relationship by virtue of you visiting my website or using my content. Rather, to the fullest extent permitted by applicable law, we will only form an attorney-client relationship after (a) you engage me and agree to the terms of my engagement, (b) I have ensured that I have no conflict-of-interest in representing you or your company, and (c) I have expressly agreed to perform legal services for you. 

A word about my forms

My website makes certain legal documents available for download. In most cases, these documents were drafted by me, and when I draft a document to post on the site, I tend to draft it as broad as possible to show the widest variety of issues a business owner should be considering in the context of the agreements and other legal documents used by him/her.

The documents on my site are EXAMPLES ONLY and are not intended to be downloaded and used without modification. In forming a company and/or engaging with customers and vendors, you should ALWAYS CONSULT WITH AN ATTORNEY to generate documents that are narrowly tailored and appropriate for your use. The documents I make available here will never be a substitute for the legal advice and drafting you can and should obtain from a qualified attorney. Moreover, the information contained in the documents may not reflect the most current market and legal developments and may not address all relevant business or legal issues and is therefore not promised or guaranteed to be correct or complete.

Accordingly, you understand and acknowledge that THE DOCUMENTS MADE AVAILABLE ON MY WEBSITE ARE PROVIDED "AS-IS" WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. You also agree that YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THE DOCUMENTS. I expressly disclaim all liability, loss or risk incurred as a direct or indirect consequence of the use of the documents made available on my website. 

Finally, given the above caveats and disclaimers, you agree to fully indemnify and hold me harmless from any claim asserted against me arising out of or relating to your use of the documents made available on my website.

A word about my services

I also make certain legal services available for order on my website. If you order my services, I will, at a minimum, need to ensure that I do not have any conflict-of-interest in representing you or your company before providing the services. I will inform you if I cannot provide the requested services for any reason, and if I cannot provide the services, any money you have paid up front will be returned to you.

In some cases, when you order my services, I will require you to execute an engagement letter specifically tailored to you and your request. If I do not ask you to sign such a letter, the Terms of My Engagement will apply to any services I provide to you.

I only make certain of my "flat fee" services available for order on my website. Other services are certainly available, but you should call or email me to discuss.

For the services I do make available for order on my site, I require payment of the flat fee up front. I treat this fee as a retainer pending my performance of the services, and accordingly, I hold the fee in my law firm's trust account pending performance. To ensure that I comply with the applicable rules relating to flat fees and trust accounts, I only require payment via the service "LawPay" on my site. More information regarding LawPay can be found here.

Other terms

I may change these Website Terms of Use at any time with or without advance notice to you. You should check these terms frequently to see how they may have changed.

These Website Terms of Use, together with the Terms of My Engagement (if applicable), set out all the terms applicable to your use of my website. If any of the foregoing referenced terms is invalid, illegal, or unenforceable, the rest of the terms will remain in effect.

All claims arising out of or related to these Website Terms of Use will be governed by Texas law, excluding such State's conflict of laws rules and will be litigated exclusively in Travis County, Texas.

Notices with respect to these Website Terms of Use must be in writing and delivered to me via certified mail at the contact address listed in this website.