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This document constitutes the agreement ("Agreement") outlining the terms and conditions under which Attorneys in Motion requires. By accepting and using this, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "appearance", ”assignment”, “case”, or “hearing” refers to any special appearance that you attend through Attorneys in Motion. " Account" means the account we maintain on your behalf to record assignments that you specially appeared for. "You" and "your" means the person or persons who have agreed to work as an independent contractor as provided for in this Agreement. "We," "us," and "our" mean Attorneys in Motion, our successors, affiliates or assignees. Please read this Agreement carefully and keep it for future reference.
Once you submit your personal information it will be securely reviewed by our quality control team. Upon approval, your personal information will be securely stored and accessible to you at all times. Additionally, you will receive an email stating that you have been accepted as part of our special appearance attorney team. Within that email you will receive a temporary password that you will need change once you log into your account.
Once a law firm and/or attorney of record has submitted an assignment request you will receive an email from Attorneys in Motion stating that there is an available appearance in your selected area. You may also access your account at any time in order to see any available appearances in your selected areas. Likewise, you can review any details regarding the case prior to accepting the assignment. In order to accept any appearance you will need to click on the appropriate links, either in your email or through your account. Once you have agreed to appear, you will be liable for appearing at that appearance assignment.
You may communicate with the law firm and/or attorney at any time by logging into your account and clicking on the “Manage Appearance” tab. Choose the appropriate hearing on your drop down list and send him/her a message. You will receive an email notification when the message has been replied to. In order to avoid miscommunication we ask that all communications be made through our secure messaging system. You may also send a message to admin at any time and request direct contact information. We ask this you only use the direct contact method in urgent circumstances.
Result reports must be submitted by 5:00p.m. on the day of the appearance. In the event that you are unable to submit the appearance results by 5:00p.m. you will need to send a message to Attorneys in Motion explaining the circumstances related to the delay. Please note that your appearance job is considered incomplete if the results are not submitted on time; Therefore, we will NOT pay you for said appearance assignment.
Any written explanations for submitting late reports will be given extra time, but no later than 8:00 a.m. the day after the appearance has been made.In order to send us a message explaining any delays you can either, email us at email@example.com or send a message to admin from the "manage my appearance" page in your online account, at www.attorneysinmotion.com.
Exceptions To Reporting Deadline
Note: These rules do not apply to the following error messages when submitting reports: "The firm is currently working on updating important information in their account that relates to this appearance. Once complete, we will notify you via email so that you can submit your report."
If the appearance assignment was scheduled for a 1:30.pm. or greater and/or is a full day’s assignment (i.e. Deposition, mediation, etc..), the reporting time will be extended to 8:00 a.m. the morning after the hearing or any other time frame deemed reasonable upon approval of Attorneys in Motion and staff.
For all intents and purposes, no call-no show appearances are damaging to the case. This agreement binds you to physically appear in the courtroom. If you fail to appear for an assignment that you bindingly agreed to appear for, then you are running several risks that coincide with attorney ethics codes. On top of that, you will be completely and solely liable for any damages that were caused to the case because of your missed appearance. In the event you miss an appearance, you will be subject to the following liabilities: covering any lost costs to the law firm and/or attorney of record that resulted directly by your missed appearance, court ordered sanctions, filing fees, and writing and filing motions and declarations or fees to cover another attorney to write motions and declarations. This will also include any fees that Attorneys in Motion has had to refund to the attorney of record for the missed appearance.
Any missed appearance will cause you to be subject to the following liabilities: covering any lost costs to the law firm and/or attorney of record that resulted directly by your missed appearance, court ordered sanctions, filing fees, and writing and filing motions and declarations or fees to cover another attorney to write motions and declarations. This will also include any fees that Attorneys in Motion has had to refund to the attorney of record for the missed appearance. Because you are solely liable for a missed appearance, if the attorney of record is sued for malpractice by his or her client because of your missed appearance, there is a strong possibility that you will be named in the suit and the attorney of record may, in turn, file suit against you for the missed appearance.
We require that if you must cancel the appearance, it must be done prior to 24 hours of the appearance date and time in order to give sufficient time to for our team to find a replacement. In the event that you make any cancellations within 24 hours of the appearance date and time, and we are unable to find alternate coverage, you will be subject to the following liabilities: covering any lost costs to the law firm and/or attorney of record that resulted directly by your last minute cancellation, court ordered sanctions, filing fees, and writing and filing motions and declarations or fees to cover another attorney to write motions and declarations.
For the purposes of certain liabilities, we require that you do not become attorney of record for any appearance at any time. Likewise, you may not represent or become attorney of record for any pro se individuals.
You may refer any legal advice that clients seek directly to their attorney of record. It is important that you do not advise clients of any actions.
As you are aware client confidentiality is of utmost importance. We ask that you ensure any case documents that you print are shredded once the appearance is over.
The following terms of pay apply to any special appearance that you attend. All special appearance attorneys work as 1099 Independent Contractors. Pay checks are either mailed or direct deposited into your account every other Friday. There will be instances in which the rate of pay is subject to increase based on varying circumstances. If that occurs, you will be notified upon receiving the special appearance assignment request.
We do NOT pay for reviewing case information and/or travel expenses. Pay is limited to court time ONLY, unless otherwise stated.
If you appear for an hourly appearance type, you must submit the total, appeared for, hours at the same time you submit the appearance results.
We may terminate you at any time in the event that you fail to act as a competent attorney or fail to use full due diligence for any assignment.
It is strongly advised that all attorneys carry malpractice insurance. Our company is not a law firm and not required to carry malpractice insurance. It is solely your responsibility to ensure that you are protected with malpractice insurance.
It is entirely against our company policy and is bad faith business practices for any of our Appearance Attorneys to approach our current Clients for special appearance work outside of Attorneys in Motion while working as an appearance attorney with our company or to accept any appearance work from our Clients outside of Attorneys in Motion. In the event that you approach any of our clients in efforts to make special appearances outside of our company while acting as an appearance attorney for Attorneys in Motion and effectively harm AIM’s earnings, you will be held liable for lost earnings on every appearance made while acting as an appearance attorney for Attorneys in Motion as well as any loss of future earnings. In addition, you will be terminated from making appearances with our company.
We are not responsible for the quality, safety, legality, or any other aspect of your ability to represent clients for any assignment. Likewise, we are not responsible for the quality, safety, legality or any other aspect of the law firm/ client’s ability to provide you with full case information.
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to any appearance assignments or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your appearance assignments, (ii) the case information given by law firm/attorney for assignment; and (iii) appearance results for assignments. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.
As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean Attorneys in Motion, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing service in connection with any appearance assignments (including, but not limited to law firms and/or attorneys who request and appearance assignments and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use services, including but not limited to all persons or entities contractually obligated under any of the Agreements.
Initiation of Arbitration Proceeding/Selection of Administrator:Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services ("JAMS"), or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
Significance of Arbitration:IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS OR AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR"S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration:If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public. The arbitrator"s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator"s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Arbitration Procedures:This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party"s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party"s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator"s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant"s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
Continuation:This Arbitration Provision shall survive termination of your contract. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
You agree to defend, indemnify and hold Attorneys in Motion and its licensors and affiliates, and their directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, your use of any product or service purchased on or through the Site, your transaction, interaction or relationship with other Users, or your breach or violation of third party rights, the law or these Terms and Conditions. Attorneys in Motion and, as applicable, its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Attorneys in Motion and, as applicable, its licensors' defense of such claim.
INDEPENDENT CONTRACTOR HAS READ THIS AGREEMENT CAREFULLY AND UNDERSTANDS ITS TERMS.
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